Partner Randall Fox authors an article on NY’s correct treatment of the False Claims Act’s knowledge element, an issue now before the U.S. Supreme Court

KM partner Randall Fox has published an article in Law360 discussing how New York has already decided an issue about the “knowledge” element of the False Claims Act that will be argued next month before the U.S. Supreme Court. In the Sprint case under the New York False Claims Act, New York’s high court ruled in 2015 that the knowledge element depends upon a defendant’s contemporaneous understanding of the applicable rules. In the cases now before the Supreme Court, the defendants are arguing that they can instead rely on interpretations asserted for the first time after the False Claims Act case was filed.