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Legal Insights and Perspectives for the Healthcare Industry

In a recent LawFlash, our colleagues in the white collar practice discuss the potential for higher education institutions to face criminal and civil liability if they are not in compliance with federal law in the administration of federal grants and expenditure of federal research dollars, as recent cases tied to simultaneous research in China show.

The team highlights that in light of the vital importance of scientific research in combatting the coronavirus (COVID-19) pandemic, and continued strain on aspects of the US–China relationship, the higher education community can expect to see sustained focus by US law enforcement on these matters.

Read the full LawFlash.

We invite you to join our international trade and national security practice on Thursday, May 7, for a webinar on Foreign Influence and Conflicts of Interest in US Universities and Nonprofits Receiving Federal Funds. US universities, nonprofits, and faculty that receive federal funding and grants are required by a number of laws and regulations to disclose foreign gifts and contracts to the federal government. These laws and regulations are based on the understanding that when research institutions fail to meet disclosure requirements, they can compromise the integrity of taxpayer-funded research and allow federal funds to accelerate foreign research and development, sometimes to the detriment of national security interests.

DOJ’s enforcement policy for the False Claims Act (FCA) has largely been static for 30 years or maybe since the forgotten 1998 Holder memo that set out guidelines to assure the FCA was not recklessly deployed for provider billing mistakes. In the last year or so, however, the policy guidance has been astonishing, insightful, and suggests a new attitude is afoot. First, we had the popularly described “Granston Memo” in 2018 on the criteria for seeking dismissal of declined whistleblower suits, which is now part of the Justice Manual and, in fact, there has been an increase in DOJ dismissals as there should be in this practice area.