U.S. Supreme Court,
Corporate
Jun. 22, 2017
Lingering questions following Escobar
One year ago, the U.S. Supreme Court endorsed the implied false certification theory under the False Claims Act.
Kimberly A. Dunne
Partner
Sidley Austin LLP
Government Litigation & Investigations
555 W 5th St
Los Angeles , CA 90013
Phone: (213) 896-6659
Fax: (213) 896-6600
Email: kdunne@sidley.com
Harvard University Law School; Cambridge MA
Kimberly is the global co-leader of the firm's White Collar: Government Litigation & Investigations group.
Douglas Axel
Partner
Sidley Austin LLP
White Collar, Securities & Derivatives Enforcement and Regulatory, and Commercial Litigation
555 W 5th St
Los Angeles , CA 90013
Phone: (213) 896-6035
Email: daxel@sidley.com
Hastings
Douglas is a member of the firm's White Collar, Securities & Derivatives Enforcement and Regulatory, and Commercial Litigation and Disputes practices.
James M. Perez
Counsel
Sidley Austin LLP
Commercial Litigation and Disputes, White Collar, Appellate
555
Los Angeles , CA 90013
Phone: (213) 896-6011
Email: james.perez@sidley.com
New York University Law School
James is a member of the firm's Commercial Litigation and Disputes, White Collar, and Supreme Court and Appellate practices.
One year ago, the U.S. Supreme Court decided Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), in which the court endorsed the implied false certification theory under the False Claims Act. In an unanimous decision, Justice Clarence Thomas held that the implied certification theory can be satisfied at least "when the defendant submits a claim for payment that makes specific representations about the goods or services provided, but knowingly ...
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