In a recent opinion, the U.S. Court of Appeals for the Third Circuit weighed in on what standard to apply in reviewing government motions to dismiss False Claims Act (FCA) actions.  As discussed in detail in a July 2021 Law360 article titled “Tide Is Turning Against FCA Case Dismissals,” a three-way circuit split has developed regarding the standard governing a government motion to dismiss a whistleblower’s non-intervened qui tam case, but the varying approaches in the courts may be less important to the viability of government dismissals than the actions of the executive and legislative branches.[1]

Finback Investment Partners has invested in Equality Health, according to a news release.

Equality, based in Phoenix and founded in 2015, is a population health risk management company and provider of value-based physician networks focused on improving care delivery for underserved populations.

Finback, based in Coral Gables, Fla., is a private equity…

Two related cases, Bradley D. Sharp v. Shinhan Bank Co., Ltd. (the “Shinhan Action”) and Sharp v. Daishin Securities Co., Ltd. (the “Daishin Action”), were filed in the United States District Court for the Central District of California on November 23, 2021 by the receivers for various businesses under the Direct Lending Investments, LLC umbrella of companies (“Direct Lending”).  Both actions allege that certain redemptions paid out to investors in a fraudulent investment scheme constitute constructive and actual fraudulent transfers under California’s Uniform Voidable Transactions Act, regardless of the investors’ knowledge of the underlying fraud.

Plaintiffs in both actions are receivers (the “Receivers”) appointed in the underlying SEC enforcement action against an investment manager entity that was used to carry out a fraudulent investment scheme (the “Receivership Entity”). Defendants in the Shinhan Action are investment funds (the “Defendant Funds”) that invested in the scheme, trustees (the “Defendant Trustees”) that entered into subscription agreements with the Receivership Entity on the Defendant Fund’s behalf, and fund managers (the “Defendant Managers,”) that sold the funds to investors.   Defendant in the Daishin Action is a South Korean investment company that invested in the scheme.

Avesi Partners has announced it has invested in Danforth Advisors.

Danforth, based in Waltham, Mass., is a provider of strategic and operational finance and accounting for life science companies. The company states that it has served more than 750 private and public life science companies across the sectors of drug discovery and development, medical…

On Nov. 23, 2021, the New York Court of Appeals sided with the policyholder, resolving a decades-long insurance coverage dispute, J.P. Morgan Sec. Inc. v. Vigilant Ins. Co., __ N.E.3d __, 2021 N.Y. Slip Op. 06528, 2021 WL 5492781 (Nov. 23, 2021). It held that a $140 million disgorgement payment to the Securities and…

MidOcean Partners has announced it has acquired GHR Healthcare.

GHR, based in Plymouth Meeting, Pa., is a provider of healthcare staffing services offering travel nursing, local nursing, per diem nursing, allied health, behavioral health, education, information technology, revenue cycle, managed services provider, interim leadership and permanent placement services to healthcare facilities. The company states…

Quilvest Capital Partners has announced it has acquired a majority interest in UrgentMED.

UrgentMED, based in West Hollywood, Calif., is an independent network of urgent care clinics in Southern California. Founded in 2007, the organization currently operates 35 locations.

Quilvest, with its North American operations based in New York, is the multi-strategy alternatives division…