False Claims Act Litigation
Our Government Disputes Group has diverse experience across several industries in representing corporations and individuals in claims brought under the federal False Claims Act (FCA). Led by experienced regulatory and commercial litigators, former prosecutors and investigative agents, our FCA Team is deeply experienced in navigating the complexities of FCA cases and their regulatory and administrative underpinnings, and has achieved notable successes in FCA cases. By working in collaboration with subject matter experts in the industry and the regulatory environment at issue, we offer clients representation that is reputable, highly accessible and fairly priced.
We regularly represent 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. The firm also has a proven track record of successfully counseling both public- and private-sector clients on the procurement process from inception to close including contract formation, administration, claims, appeals, audit resolution and overall project management.
Our decades of experience in FCA litigation and parallel proceedings brought by governmental agencies positions the firm to successfully defend cases and investigations, anywhere in the U.S. The group's attorneys regularly speak and author analyses on FCA litigation—from review of statutory or regulatory developments, to new FCA judicial decisions and regulatory interpretations—and host client-focused seminars and compliance education and training related to FCA litigation, internal investigations and regulatory compliance.
We have 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 representations include:
- 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, we proactively counsel clients on strategies to avoid FCA exposure. 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 financial and reputational exposures.