LIFE SCIENCES INDUSTRY / LIFE SCIENCES FALSE CLAIMS ACT DEFENSE
Our team of dedicated False Claims Act (FCA) attorneys proactively assist and advise life sciences clients on preventing and defending False Claims Act litigation. 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.
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.
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.
We take pride in our ability to provide comprehensive assistance, including:
- Counseling and/or compliance audits and assessments to prevent FCA litigation;
- Advising when and how to make voluntary disclosures or returning overpayments;
- Conducting internal investigations in response to internal whistleblower complaints or other compliance concerns;
- Responding to subpoenas, civil investigative demands, and 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 FCA complaints;
- Litigating intervened and non-intervened FCA cases through discovery, summary judgment, trial, and appeals;
- Negotiating global settlements with the DOJ, state attorneys general, Medicaid Fraud Control Units, counsel for federal and state agencies, and relators’ counsel;
- Advising on ability to pay settlements;
- Negotiating with agency counsel to prevent suspension, exclusion or debarment, including negotiating corporate integrity agreements (CIA), and monitoring agreements; and
- Assessment of CIA-readiness and implementation.
We have represented companies in government investigations by numerous federal and state agencies, defended FCA litigation in jurisdictions across the country, obtained dismissal of FCA cases, and prevailed in appeals in FCA cases.