1. Home
  2. |Insights
  3. |Eighth Circuit Applies Escobar's Materiality Standard

Eighth Circuit Applies Escobar's Materiality Standard

Client Alert | 1 min read | 10.24.16

In U.S. ex rel. Miller v. Weston Educ. Inc. (Oct. 19, 2016), the Eighth Circuit became the first appellate court to apply the materiality standard recently articulated by the Supreme Court in Escobar (discussion of Escobar available here), holding that defendant’s promise to keep accurate grade and attendance records was material in inducing the government to enter into an agreement under the Higher Education Act. The court rejected defendant’s argument that no individual false record caused payment by the government, reasoning instead that the false promise to keep accurate records was material based on the express regulatory conditions of participation, their reasonable importance to payment, and evidence that the government had terminated other institutions that falsified similar records.

Insights

Client Alert | less than 1 min read | 04.03.25

Conducting Investigations and Discovery in China: What Companies Need To Consider in Preparing for New Policies

In a recently published Corporate Counsel article, “Conducting Investigations and Discovery in China: What Companies Need to Consider in Preparing for New Policies,” Crowell’s John E. Davis and the Zhong Lun Law Firm’s Gary Gao (Jun Gao) discuss the need for companies with operations and data in China to prepare for increased governmental scrutiny and civil actions, and provide tips for effectively responding to cross-border demands for data in such pressurized circumstances....