Earlier this month, the U.S. Securities and Exchange Commission charged a publicly-traded company and its general counsel with violations of the antifraud provisions of the federal securities laws due to failures to disclose and account for material information related to an ongoing government investigation under the False Claims Act.
Continue Reading SEC Sues Public Company’s General Counsel for Disclosure Violations

How much particularity is required to plead a claim under the False Claims Act (“FCA”), a statute designed to root out fraud against the government? While courts purport to apply the requirements of Federal Rule of Civil Procedure 9(b) and its stringent standards for pleading fraud, several circuits take a more flexible approach when assessing