Publications

Ellen London, Li Yu, and Erica Hitchings published an article in Law360 entitled “Spotlight on Medicare Marketing Practices Enforcement Trend.” The article highlights an important trend: heightened federal scrutiny of Medicare Advantage marketing practices. The article provides practice suggestions considering recent rulings in cases involving alleged Medicare Advantage fraud.

Ellen London, Li Yu, and Rebecca Temkin published an article in Law360 entitled “Customs Fraud Enforcement In The Age Of Tariffs.” The article examines recent developments that show we are in an era of more aggressive fraud enforcement and provides practice suggestions for both whistleblower attorneys and practitioners on the defense.

Shareholder Rachel Naor published an article titled “The Top Five Lesson I Learned in My First Five Years of Practice” for the American Bar Association’s Solo and Small Firm Litigation Committee, which is available on the Committee’s website page. Rachel’s top tip for new lawyers is to be the one who owns the facts of a case. In other words, be the member of the team who commits the case timeline to memory, identifies key documents, and know the witness testimony down cold. Rachel also emphasized that it is important for young lawyers to raise their hands and ask for opportunities to help them feel fulfilled and to round out their experience. Other key tips Rachel shared: learn and execute excellent time management skills; be a team player and support the other lawyers on your team; and focus on building relationships, both internally at your firm and with your clients.

Ellen London, Li Yu, and Gregg Shapiro published an article in Law360 entitled “Recent Cases Clarify FCA Kickback Pleading Standards.” The article provides a summary of the Second Circuit Court of Appeals’s decision in U.S. ex rel. Camburn v. Novartis Pharmaceuticals Corp. and an analysis of how the Second Circuit’s three main holdings may affect ongoing and future AKS-based FCA cases.

In December, Ellen London and Allison Cook published an article in the Winter 2025 Newsletter of the Federal Bar Association Qui Tam section covering the application of the False Claims Act to Medicare Advantage fraud. The article can be found here.

In August, Rachel Naor and Michael Lundholm published an article in the Journal of the Litigation Section of the California Lawyers Association on the key distinctions between California state and federal privilege law. The article focuses on three distinct areas where California and federal courts take different approaches to the application of the attorney client privilege. The article can be found here.

Ellen London, Li Yu, and Corey Lipton published an article in Law360 entitled “Motion to Transfer Venue Considerations for FCA Cases” covering recent developments on this area of the law.

Ellen London, Li Yu, and Erica Hitchings published an article in Law360 entitled “McKesson May Change How AKS-Based FCA Claims Are Pled” covering recent developments on this area of the law.

Ellen London and Li Yu published an article in Law360 entitled “FCA Can Be An Effective Tool For Fighting Customs Fraud – Law360,” covering recent developments in this area under the False Claims Act.

Ellen London and Li Yu recently published an article in Law360 entitled “Emerging Trends in Electronic Health Record Enforcement,” which analyzes the increasing application of the False Claims Act to issues arising from the use of electronic health records, and which provides tips for practitioners.

Shareholder Ellen London, along with Li Yu (with whom Ellen worked when she and Li were Assistant United States Attorneys in the Southern District of New York) have recently published an article in Law360 on developments on the issue of materiality under the False Claims Act (FCA Takeaways From Courts’ Recent Approach To Escobar – Law360). In addition, Ellen and Li presented on this topic to a group of practitioners who focus on white collar defense, government investigations, and whistleblower representation on December 9, 2022.

We are excited to have recently published two articles in legal publications. Ellen London co-authored an article with Li Yu entitled “Weighing Risk and Reward of Cooperating in FCA Civil Cases,” in Law360 (Weighing Risk And Reward Of Cooperating In FCA Civil Cases – Law360), and Rachael Naor published an article in the California Litigation journal entitled “The Crest Opinions: Impeding Legislative Efforts to Diversify Corporate Boards” (Diversity, Equity, and Inclusion – Fall 2022 (calawyers.org).

The Securities Litigation Committee of the American Bar Association recently published my article providing guidance on advising clients who receive interview requests in criminal corporate Department of Justice investigations in the Securities Litigation newsletter.

The article is available here.

Ellen London and Li Yu published an article in Law360 entitled “FCA Can Be An Effective Tool For Fighting Customs Fraud – Law360,” covering recent developments in this area under the False Claims Act. Read paper.