1. What could/should Tuomey Healthcare have done differently to avoid or mitigate FCA liability?
2. Do you feel that the Yates Memo goes too far or not far enough with regard to seeking to hold individuals accountable in instances of alleged corporate wrongdoing?
3. In vacating an approximately $350 million FCA verdict against several nursing home operators, the Ruckh Court (see page 8 of the Order) cited the US Supreme Court's opinion in Escobar and described it as rejecting "a system of government traps, zaps, and zingers that permits the government to retain the benefit of a substantially conforming good or service but to recover the price entirely - multiplied by three - because of some immaterial contractual or regulatory non-compliance." Do you agree with that characterization? Why or why not?