False Claims Act practice is evolving in subtle ways that may particularly affect cases where the federal government does not intervene. Recent decisions help clarify the law’s “first-to-file” rule and who may pursue allegations that entities have made false claims for government funds. Other especially noteworthy developments so far this year include the U.S. Supreme Court’s ruling in KBR v. ex rel Carter and the Ninth Circuit’s unanimous en banc ruling in U.S. ex rel. Hartpence v. Kinetic Concepts. Courts also have allowed plaintiffs to use extrapolation and sampling to establish liability, in addition to damages.

California Lawyer magazine met with five panelists in early July. They were Lexi Hazam of Lieff Cabraser Heimann & Bernstein; Ryan Hassanein of McKesson Co.; Mark Labaton of Isaacs Friedberg & Labaton; Stacey Sprenkel of Morrison & Foerster; and Sara Winslow of the U.S. Attorney’s Office for the Northern District of California. The roundtable was reported by Cheree P. Peterson of Barkley Court Reporters.

Originally published in California Lawyer on August 1, 2015.