False Claims Act Litigation

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Kutak Rock LLP’s Government Disputes Practice Group has diverse experience in numerous industries in representing corporations and individuals in claims brought under the federal False Claims Act (FCA). Led by seasoned regulatory and commercial litigators, former prosecutors and investigative agents, our FCA Team has achieved notable successes in FCA cases and developed deep expertise in navigating the complexities of FCA cases and their regulatory and administrative underpinnings. Collaboratively working with our subject matter specialists in the industry and regulatory environment at issue, our FCA team prides itself on offering clients world-class and nuanced expertise grounded in Midwestern values and with reasonable price structures.

Our FCA Team regularly represents health care providers (multi-provider health systems, hospitals, physician practice entities, ambulatory surgery centers, pharmacy providers, home health agencies, nursing homes) as well as defense contractors, financial institutions and other government contractors in all phases of potential FCA exposure, from designing effective regulatory compliance programs, to defending multi-pronged FCA investigations and litigation, to reasonable resolutions which promote and protect the client’s licensure and status as an eligible government contractor. We draw upon decades of experience in FCA litigation and parallel proceedings brought simultaneously by multiple governmental agencies, positioning the firm to successfully defend cases and investigations coast to coast. Firm attorneys regularly lecture on and author timely analyses in areas of FCA litigation—from review of recent statutory or regulatory developments, to new FCA judicial decisions and regulatory interpretations—and offer client-focused seminars and compliance education and training related to FCA litigation, internal investigations and regulatory compliance.

Representation in FCA Matters

The FCA Team has a proven track record in litigating FCA cases, from the initial Hotline complaint, investigative demand and FCA complaint through the ensuing internal investigation, to defense of the FCA litigation at the district court or on appeal. The FCA Team’s recent representations in this area include the following:

  • Representing at the district court level, and on appeal, a publicly traded national financial institution in an FCA case alleging violations of Department of Education student lending regulations in an action seeking more than $1 billion in damages;
  • Representation of a regional ambulatory surgical center in an FCA case alleging fraudulent billing to Medicare/Medicaid;
  • Representation of a national financial ratings agency in an FCA action relating to government lending programs;
  • Representation of a regional home health agency in an FCA investigation and litigation; Representation of a regional speech therapy provider in an FCA investigation and litigation.

In addition to defending litigation under the FCA, the FCA Team proactively counsels clients on strategies to avoid FCA exposure. Primarily through regulatory compliance guidance and other mechanisms to prevent and detect potential violations early, the FCA Team and their subject matter regulatory partners advise clients on how to best avoid the potentially ruinous financial and reputational exposures created by the FCA.