David Pivnick
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And I expect fully that the issue will make its way to the Supreme Court and likely get taken up by the Supreme Court. And that would have a massive impact on False Blames Act litigation generally and specifically on whistleblower litigation. So that's something that the briefing was completed in the first five months, first four months really of this year.
And I expect fully that the issue will make its way to the Supreme Court and likely get taken up by the Supreme Court. And that would have a massive impact on False Blames Act litigation generally and specifically on whistleblower litigation. So that's something that the briefing was completed in the first five months, first four months really of this year.
And I expect fully that the issue will make its way to the Supreme Court and likely get taken up by the Supreme Court. And that would have a massive impact on False Blames Act litigation generally and specifically on whistleblower litigation. So that's something that the briefing was completed in the first five months, first four months really of this year.
And it's certainly something I've been focused on and looking into it and will have a big impact on work that I'm participating in and representing clients in going forward. And then I always monitor what DOJ is focused on and where some of the key litigation efforts are going as well.
And it's certainly something I've been focused on and looking into it and will have a big impact on work that I'm participating in and representing clients in going forward. And then I always monitor what DOJ is focused on and where some of the key litigation efforts are going as well.
And it's certainly something I've been focused on and looking into it and will have a big impact on work that I'm participating in and representing clients in going forward. And then I always monitor what DOJ is focused on and where some of the key litigation efforts are going as well.
I think there is. I think that the general concept here is under the Constitution, based on the Appointments Clause and Care Clause, There are certain authorities that are limited to the executive and where people have to be appointed to represent the government appropriately.
I think there is. I think that the general concept here is under the Constitution, based on the Appointments Clause and Care Clause, There are certain authorities that are limited to the executive and where people have to be appointed to represent the government appropriately.
I think there is. I think that the general concept here is under the Constitution, based on the Appointments Clause and Care Clause, There are certain authorities that are limited to the executive and where people have to be appointed to represent the government appropriately.
In this instance, the key to supervision sort of circumvent that and had whistleblowers with no basis or standing other than self-election, self-determining that they're going to file a lawsuit, coming in and taking over that. And while the government has the ability to investigate and intervene,
In this instance, the key to supervision sort of circumvent that and had whistleblowers with no basis or standing other than self-election, self-determining that they're going to file a lawsuit, coming in and taking over that. And while the government has the ability to investigate and intervene,
In this instance, the key to supervision sort of circumvent that and had whistleblowers with no basis or standing other than self-election, self-determining that they're going to file a lawsuit, coming in and taking over that. And while the government has the ability to investigate and intervene,
in cases where it declines to do so, and the DOJ is not running the case, you're left with private litigants making their own decisions. And so I think there's already, to my mind, as you pointed out, the False Claims Act is initially a Civil War enacted statute. To my mind, it is not intended to cover or was not intended to cover the wide array of purported wrongs that it currently covers.
in cases where it declines to do so, and the DOJ is not running the case, you're left with private litigants making their own decisions. And so I think there's already, to my mind, as you pointed out, the False Claims Act is initially a Civil War enacted statute. To my mind, it is not intended to cover or was not intended to cover the wide array of purported wrongs that it currently covers.
in cases where it declines to do so, and the DOJ is not running the case, you're left with private litigants making their own decisions. And so I think there's already, to my mind, as you pointed out, the False Claims Act is initially a Civil War enacted statute. To my mind, it is not intended to cover or was not intended to cover the wide array of purported wrongs that it currently covers.
I think it's already been taken beyond its intended utility. And particularly in the healthcare context, I think the False Claims Act is an inappropriate and overly blunt object for hammering out, in many instances, what is hyper-technical violations rather than sort of black and white fraud.
I think it's already been taken beyond its intended utility. And particularly in the healthcare context, I think the False Claims Act is an inappropriate and overly blunt object for hammering out, in many instances, what is hyper-technical violations rather than sort of black and white fraud.
I think it's already been taken beyond its intended utility. And particularly in the healthcare context, I think the False Claims Act is an inappropriate and overly blunt object for hammering out, in many instances, what is hyper-technical violations rather than sort of black and white fraud.
It was more intended to do things like billing for services not rendered or intentional upcoding, billing for treating dead people versus you know, any allegation of regulatory non-compliance can lead to potential liability under the False Claims Act with this heavy statutory penalty scheme, so long as the non-compliance is purportedly material.
It was more intended to do things like billing for services not rendered or intentional upcoding, billing for treating dead people versus you know, any allegation of regulatory non-compliance can lead to potential liability under the False Claims Act with this heavy statutory penalty scheme, so long as the non-compliance is purportedly material.