Arent Fox attorneys Melissa Hudzik and David S. Greenberg have been published in the June 2010 edition of The Health Lawyer, the official publication of the American Bar Association's Health Law Section.

Melissa and David's article, “The False Claims Acts Amendments: The Curious Conundrum of Retroactivity” examines some of the issues surrounding the effective date and application of the Fraud Enforcement and Recovery Act of 2009 and its amendments to the False Claims Act (FCA).

“This article provides an overview of: (1) Congress's Constitutional authority to pass retroactive laws, (2) the Supreme Court's position on the retroactivity of the 1986 Amendments to the FCA, (3) Congress's attempt to include clear implementation language with the 2009 Amendments, and (4) recent federal decisions interpreting the implementation and retroactive application of the 2009 Amendments.”

The full article can be read by clicking here.