David Resnicoff & Andrew Patton Publish Law360 Article on FCA Compliance Strategies for Businesses in the Wake of the Supreme Court’s “SuperValu” Decision
The Supreme Court’s unanimous decision in the SuperValu case confirmed the importance of a defendant’s state of mind in False Claims Act cases, holding that, “what matters for an FCA case is whether the defendant knew the claim was false.” In light of this ruling, RSHC attorneys David H. Resnicoff and Andrew Patton offer some concrete steps that companies doing business with the federal government can take to minimize their risk of running afoul of FCA guidelines. Their recently published article in Law360 lays out proactive strategies for staying on the right side of regulatory, contractual, and other legal requirements, including building a well-documented and structured decision protocol and a robust compliance program that includes training, monitoring, and, when appropriate, disciplinary actions.