Stuart Gerson Quoted in “Supreme Court’s New FCA Standard Will Get Messy Fast”Law360 June 17, 2016
Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care and Life Sciences practices, in the firm’s Washington, DC, office, was quoted in Law360, in “Supreme Court’s New FCA Standard Will Get Messy Fast,” by Jeff Overley. (Read the full version – subscription required.)
Following is an excerpt:
But reasonable minds can disagree about whether something matters, and attorneys expect those disagreements to be common. That's because similar approaches frequently divide courts in other contexts, such as whether police searches are reasonable under the Fourth Amendment and whether business arrangements are unreasonable restraints on trade under antitrust law.
"It's a somewhat problematic standard because there's no clear definition of what constitutes materiality," Epstein Becker Green member Stuart Gerson said. "It's all fact-based."