False Claims Act

Our team of dedicated False Claims Act (FCA) attorneys assists and advises government contractors, health care providers, pharmaceutical and medical device companies, laboratories, and other recipients of federal funding on preventing and defending False Claims Act litigation. We take pride in our ability to provide comprehensive assistance, including:

  • Providing counseling and/or compliance audits to prevent False Claims Act litigation;
  • Advising companies when and how to make voluntary disclosures;
  • Conducting internal investigations in response to internal whistleblower complaints or other compliance concerns;
  • Responding to subpoenas or other inquiries from federal and state agencies;
  • Persuading the Department of Justice (DOJ) not to intervene in qui tam actions;
  • Crafting successful motions to dismiss False Claims Act complaints;
  • Litigating intervened and non-intervened False Claims Act cases through discovery, summary judgment, trial, and appeals;
  • Negotiating global settlements with the Department of Justice, state attorneys’ general, Medicaid Fraud Control units, counsel for federal and state agencies, and relators’ counsel; and
  • Negotiating with agency counsel to prevent suspension, exclusion, or debarment.

Many False Claims Act cases include a parallel criminal investigation, so our False Claims Act team works closely with our white collar litigation attorneys, including a former U.S. attorney and first assistant U.S. attorney to provide full-service advice for companies and individuals. In cases involving health care regulations, including the Anti-Kickback statute, Eliminating Kickbacks in Recovery Act (EKRA), and the Stark Law, our False Claims Act Team collaborates with our Health Care Group to provide specialized, industry-specific counsel and defense.

We are proactive in all issues related to the False Claims Act. We seek opportunities to partner with clients to prevent False Claims Act cases, including designing employee education programs, creating or tailoring a robust internal whistleblower program and conducting compliance reviews. When a client receives a subpoena from the DOJ or another government agency, we work quickly to investigate the likely allegations and to negotiate a response with the relevant agencies. If a qui tam complaint is pending, we work to convince DOJ not to intervene, because DOJ intervention raises the likelihood of a substantial recovery. Additionally, when faced with active False Claims Act litigation, we work closely with our clients to develop efficient and productive strategies to meet their business needs.

We have conducted investigations and litigated cases in federal district courts and courts of appeals in the Second, Third, Fourth, Fifth, Sixth, Seventh, Ninth, Tenth, and Eleventh circuits, and before the United States Supreme Court.

Our multi-disciplinary experience, national footprint, and competitive rates help our clients avoid and resolve False Claims Act issues in a comprehensive and cost-effective manner.