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Ambiguity Remains After Escobar

Client Alert | 1 min read | 11.09.16

In U.S. ex rel. Nelson v. Sanford-Brown Ltd. (Oct. 24, 2016), the Seventh Circuit, applying the materiality standard articulated by the Supreme Court in Escobar (discussion available here), held that the relator’s allegations that the college inflated grades and job placement figures and paid bonuses to employees for recruitment to fraudulently obtain federal student aid money failed because there was no evidence that the college had made any express or implied representations with its claims for payment or evidence that the government’s payment decision would likely have been different had it known of the alleged misrepresentations. In contrast, the Eighth Circuit in U.S. ex rel. Miller v. Weston Educ. Inc. (Oct. 19, 2016) held that similar allegations withstood summary judgment (as noted by C&M here), suggesting that the Supreme Court’s decision in Escobar may not have resolved the circuit split on implied certification after all.

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Client Alert | 3 min read | 09.15.26

Private Investigations Act Series: An Introduction to the New Legal Framework for Internal Investigations in Belgium

Until recently, Belgian law did not have a general regulatory framework for internal investigations. Companies wishing to conduct an investigation had to navigate a fragmented set of rules that covered general principles and, to a limited extent, privacy and employee rights. The application of these rules to internal investigations was not clear, and it was therefore often difficult to put the rules into practice. This legal vacuum created significant risks, both for the integrity of the investigation itself and for the admissibility of any evidence gathered. ...