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Saturday, March 1, 2008
The federal civil False Claims Act ("FCA") has been the federal government's favorite weapon to enforce its antifraud initiatives, particularly in the healthcare industry. New Jersey has now joined 20 other states and the District of Columbia in enacting its own version of the federal law to target alleged fraud by companies that do business with the State...
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Sunday, October 1, 2006
Two recent decisions by Southern District Judge Lewis A. Kaplan in United States v. Stein invite the Justice Department to reconsider the more draconian aspects of its approach to the investigation of corporations and corporate executives. In Stein I , 2006 WL 1735260 (S.D.N.Y. June 26, 2006), Judge Kaplan held that it was unconstitutional for the...
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Sunday, August 1, 2004
Part I of this interview appears in the July 2004 issue of The Metropolitan Corporate Counsel.Editor: How do you determine what documentation is relevant? Epstein: The first step is to learn as much as possible about the allegations in the Complaint and determine what they mean for the company. What are the issues? Who are the people involved? What sort of...
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Thursday, July 1, 2004
Part II of this interview appears in the August 2004 issue of The Metropolitan Corporate Counsel.Editor: Would each of you gentlemen give our readers something of your background and how you came to Sills Cummis? Epstein: I joined the firm in 1976 after having served my clerkship with Judge Edward Gauklin in the Appellate Division and practicing as a trial...