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On Friday, the Supreme Court ruled five to four that a district court is required to stay pre-trial and trial proceedings while a decision on interlocutory appeal as to the question of arbitrability.
In Coinbase v. Bielski, the Supreme Court ruled five to four that a district court is required to stay pre-trial and trial proceedings while a decision on interlocutory appeal as to the question of arbitrability is ongoing.
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Although Department of Justice ( DOJ ) recoveries
under the False Claims Act ( FCA ) reached historic lows
in fiscal year 2020, President Biden s administration is poised
to usher in a return to aggressive FCA enforcement. Under President
Obama, DOJ s FCA recoveries hit all-time peaks, totaling over
$5 billion in 2012, $6.1 billion in 2014, and $4.9 billion in 2016.
From there, they trended consistently downward throughout the Trump
Administration, averaging under $3 billion annually. Given the
Biden Administration s focus on tackling the COVID-19 pandemic
and stimulating the economy, we anticipate that DOJ s scrutiny
of alleged fraud in government programs will be as probing as
Monday, February 22, 2021
On November 19, 1979, a twenty-seven-year-old Justice Department attorney appeared on a panel of witnesses before the Senate Judiciary Committee. The issue was how to modernize the False Claims Act to make it an effective tool to fight fraud against the government. Over forty years later, that same attorney would appear again before the Senate Judiciary Committee to explain his vision for the Department of Justice and why he should be confirmed as the Attorney General of the United States. That attorney is Judge Merrick Garland.
Looking back, Judge Garland s early advocacy for modernizing the False Claims Act seems prophetic. Seven years after that testimony, Senator Charles Grassley, the current Ranking Member of the Senate Judiciary Committee, led a bi-partisan effort that succeeded in modernizing the False Claims Act. Many of the proposals made in 1979 were incorporated into the Grassley-led 1986 amendments, including increasing penalti