Expert Analysis

• Skirting Anti-Kickback Causation Standard Amid Circuit Split

  

  Amid the federal circuit court split over the causation standard applicable to False Claims Act cases involving Anti-Kickback Statute violations, which the First Circuit will soon consider in U.S. v. Regeneron, litigators aiming to circumvent the heightened standard should contemplate certain strategies, say Matthew Modafferi and Terence Park at Frier Levitt.

• What New Calif. Strike Force Means For White Collar Crimes

  

  The recently announced Central District of California strike force targeting complex corporate and securities fraud — following the Northern District of California's model — combines experienced prosecutorial leadership and partnerships with federal agencies like the IRS and FBI, and could result in an uptick in the number of cases and speed of proceedings, say attorneys at MoFo.

• Bid Protest Spotlight: Standing And A Golden Rule

  

  In this month's bid protest roundup, Victoria Angle at MoFo examines one recent decision that clarifies the elements necessary to establish prejudice and federal claims court standing in multiphase protests, and two that exemplify a government procurements golden rule.

• Reimagining Law Firm Culture To Break The Cycle Of Burnout

  

  While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

• Grant Compliance Takeaways From Ga. Tech's FCA Settlement

  

  Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.

• Series

  Competing In Dressage Makes Me A Better Lawyer

  

  My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

• ASBCA Ruling May Pave Way For Pandemic-Related Claims

  

  The Armed Services Board of Contract Appeals’ recent decision that the government failed to meet its evidentiary burden when it sought dismissal under the sovereign acts doctrine offers hope to contractors and subcontractors that faced performance challenges resulting from the COVID-19 pandemic, say Edward Arnold and Zachary Jacobson at Seyfarth.

• Opinion

  White Collar Plea Deals Are Rarely 'Knowing' And 'Voluntary'

  

  Because prosecutors are not required to disclose exculpatory evidence during plea negotiations, white collar defendants often enter into plea deals that don’t meet the U.S. Supreme Court’s “knowing” and “voluntary” standard for trials — but individual courts and solutions judges could rectify the issue, says Sara Kropf at Kropf Moseley.

• EEO-1 Ruling May Affect Other Gov't Agency Disclosures

  

  By tightly construing a rarely litigated but frequently asserted term, a California federal court’s ruling that the Freedom of Information Act does not exempt reports to the U.S. Department of Labor on workplace demographics could expand the range of government contractor information susceptible to public disclosure, says John Zabriskie at Foley & Lardner.

• 2 SEC Orders Illuminate Bribery Risks For US-China Cos.

  

  The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.

• The Legal Industry Needs A Cybersecurity Paradigm Shift

  

  As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

• 5 Reasons Associates Shouldn't Take A Job Just For Money

  

  As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

• Contract Disputes Recap: Jurisdictional Challenges

  

  Stephanie Magnell and Bret Marfut at Seyfarth examine three recent cases illustrating that, on top of being comprehensive and well-considered, claims submitted to contracting officers must be prepared to withstand future government motions to dismiss appeals for lack of jurisdiction.

• New SDNY Whistleblower Program May Be A Game-Changer

  

  A new pilot program in the U.S. Attorney’s Office for the Southern District of New York promises to immunize from prosecution certain individuals who blow the whistle on financial crimes and corruption, and if similar self-disclosure programs are any indication, this significant new policy may measurably increase white collar investigations, say attorneys at Paul Hastings.

• Series

  Playing Competitive Tennis Makes Me A Better Lawyer

  

  My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.