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False Claims Act (FCA) Litigation Strategies

Foley Hoag LLP - White Collar Law &...

Practitioners' Takeaways From the 2024 BBA White-Collar Crime Conference

On May 2, 2024, the Boston Bar Association (BBA) held its fifth annual White-Collar Crime Conference, featuring panel discussions with current and former prosecutors at the state and federal levels, defense counsel, and...more

Oberheiden P.C.

3 Things to Consider When Selecting a Las Vegas Whistleblower Attorney

Oberheiden P.C. on

It does not happen often, but occasionally someone will stumble onto evidence that suggests that a powerful company or a government agency is breaking the law in Las Vegas, Nevada. When they do find that evidence, they will...more

Oberheiden P.C.

4 Things to Consider When Selecting a New York City Whistleblower Attorney

Oberheiden P.C. on

If you have gained access to damaging or even incriminating information about an individual, corporation, or other entity, you may have the opportunity to become a whistleblower. Taking such action in the public interest is...more

Oberheiden P.C.

What to Look for in a Whistleblower Attorney in Dallas

Oberheiden P.C. on

Whistleblowers in and around Dallas, Texas, who want to take their findings to federal law enforcement and the public should strongly consider hiring a whistleblower lawyer to help them. Not only can whistleblower attorneys...more

Oberheiden P.C.

6 Keys to Selecting a Whistleblower Attorney

Oberheiden P.C. on

Hiring a lawyer is never an easy thing to do. Knowing which attorney has the right skillset and experience for your needs can be incredibly difficult to figure out. But it gets even trickier when you need whistleblower...more

American Conference Institute (ACI)

[Event] 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement - January 23rd - 24th, New York, NY

Hosted by American Conference Institute, the 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement returns for another exciting year for lively discussions on FCA enforcement including the ramifications of two...more

Bradley Arant Boult Cummings LLP

Overruled: Court Denies Relator’s Objection to False Claim Act Settlement

Significant work goes into settling a False Claims Act action. Defendants may spend months negotiating with the government to reach an agreeable settlement — often even longer if the defendant pursues the arduous...more

Verrill

The PPP Litigation Wave Is Coming: Anticipated “Qui Tam” Lawsuits Under the False Claims Act

Verrill on

Many businesses and other borrowers, such as nonprofit organizations, that received Paycheck Protection Program (PPP) loans are now several weeks into disbursing their PPP loans for payroll, mortgage or lease payments, and...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Enforcement Compliance Conference - November 3rd-6th, Washington , DC

Prepare your organization to respond to the ever-increasing emphasis on healthcare compliance issues by enforcement authorities. Hear first-hand from government officials about regulatory changes, expectations, and key...more

McDermott Will & Emery

[Event] 2019 Healthcare Litigation, Compliance & Investigations Forum - November 5th, Washington, DC

McDermott Will & Emery on

Healthcare industry business, legal and compliance executives and investors will learn strategies for proactively managing and effectively responding to compliance risks, investigations and litigation at our fourth annual...more

Butler Snow LLP

Pro Te: Solutio – Vol. 12, No. 3

Butler Snow LLP on

Summer is winding down, and Fall texted to say she is on her way. This means that Pro Te: Solutio is returning for its third edition of 2019. As always, our authors have taken the time to research and address current issues...more

Bass, Berry & Sims PLC

DOJ Formalizes Previous Directives Regarding Limiting Use of Guidance Documents to Prove Violations of Law

Bass, Berry & Sims PLC on

In December 2018, the Department of Justice (DOJ) updated its Justice Manual to add Title 1-20.000 et seq., Limitation on Use of Guidance Documents in Litigation. This addition formalizes guidance provided in two previous...more

Mintz - Health Care Viewpoints

DOJ Updates its Justice Manual to Include Section Limiting Use of Guidance Documents in Litigation

Nearly one year ago, on January 25, 2018, the Department of Justice’s (DOJ) Regulatory Reform Task Force issued a memorandum entitled “Limiting Use of Agency Guidance Documents In Affirmative Civil Enforcement Cases.” Many...more

Sheppard Mullin Richter & Hampton LLP

Healthcare Industry Beware: The Use of Statistical Sampling to Establish Damages and Liability Under the False Claims Act Remains...

The False Claims Act contains numerous requirements that are designed to prevent meritless cases from proceeding to discovery and trial. Among these provisions is the rule that, to establish liability, the government or a...more

Jones Day

DOJ Limits the Use of Agencies' Guidance Documents in Civil Enforcement Actions

Jones Day on

The Department of Justice ("DOJ") recently issued a memorandum limiting the ability of its litigators to use agency guidance documents in civil enforcement actions against private parties. The memo expands on a directive...more

Mintz - Health Care Viewpoints

Perspective on DOJ Pivot on FCA Enforcement Policy

Two new DOJ policies about False Claims Act enforcement became public last week. First, DOJ’s Associate Attorney General announced a new civil enforcement policy that instructs False Claims Act litigators not to use any...more

Jones Day

2017 Statistics Again Show Massive Recoveries in False Claims Act Cases

Jones Day on

Newly released statistics illustrate that 2017 brought continued False Claims Act enforcement. The Department of Justice announced that it recovered more than $3.7 billion from all False Claims Act cases in fiscal year...more

Sheppard Mullin Richter & Hampton LLP

“Brand Memo” Prohibits US DOJ From Converting Agency Guidance Into Binding Legal Obligations In Civil Enforcement Actions

On January 25, 2018, Associate Attorney General Rachel Brand issued a memorandum (the “Brand Memo”) limiting the use of agency guidance documents in affirmative civil enforcement cases. The memorandum builds on Attorney...more

Akin Gump Strauss Hauer & Feld LLP

DOJ Limits Use of Guidance Documents in Affirmative Civil Enforcement Actions

On January 25, 2018, the Associate Attorney General directed the Department of Justice (DOJ) not to rely on agency guidance documents to establish a violation in affirmative civil enforcement (“ACE”) cases. She issued the...more

Jones Day

New DOJ Guidance May Signal Greater Willingness to Dismiss Qui Tam Cases

Jones Day on

Although historically reluctant to seek dismissal of qui tam actions filed under the False Claims Act ("FCA"), the Department of Justice ("DOJ") recently issued an eight-page memorandum providing guidance to DOJ attorneys...more

Foley & Lardner LLP

Leaked DOJ Memo Indicates New Government Focus on Dismissing Meritless False Claims Act Cases

Foley & Lardner LLP on

In a January 10, 2018 memo that leaked last week (the “Granston Memo”), the U.S. Department of Justice (“DOJ”) directs its prosecutors to more seriously consider dismissing meritless False Claims Act (“FCA”) cases brought by...more

Manatt, Phelps & Phillips, LLP

Corporate Investigations and White Collar Defense - DOJ Releases Guidance for Evaluating Dismissal of Qui Tams

A recent memo issued by the U.S. Department of Justice (DOJ) sets forth the issues it considers in deciding whether to seek the dismissal of qui tam cases filed by relators, and, although written for internal government use,...more

Morgan Lewis

DOJ Memorandum Supports Government Dismissal of Qui Tam False Claims Act Cases

Morgan Lewis on

In a recent memorandum, the US Department of Justice provided guidance to its attorneys on when they should seek dismissal of False Claims Act cases filed by relators. This appears to be the first directive advising DOJ...more

Holland & Knight LLP

Healthcare Law Update: September 2017

Holland & Knight LLP on

OIG Advisory Opinions - Manufacturer's Free Replacement of Spoiled Pharmaceutical Products Authorized - On Aug. 25, 2017, the U.S. Department of Health and Human Services' (HHS) Office of Inspector General (OIG)...more

Morrison & Foerster LLP

Statistical Sampling Debate: A Growing Web Of FCA Cases

The government and qui tam plaintiffs are increasingly employing statistical sampling in False Claims Act cases, particularly in cases where addressing and analyzing large numbers of allegedly false claims poses substantial...more

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