False Claims Act › Qui Tam

The False Claims Act is a United States federal law originally enacted in 1863 to recover fraudulently acquired funds from government contractors. In 1986, The False Claims Act was amended to increase whistleblower incentives and to permit the government to seek treble damages for allegations of fraud against the government

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News & Analysis as of May 21, 2013

Kinetic Moves To Disqualify Counsel In False Claims Act Qui Tam Action For Improper Use Of Contractor’s Privileged Documents

by Connie Bertram, Amy Blackwood | Proskauer - Whistleblowing & Retaliation on 5/6/2013

Arguing that relators’ counsel has retained and used, without authority, more than 800 of its attorney-client privileged and work product documents, Kinetic Concepts, Inc. (“KCI”) has asked the District Court for the Central...more

HEALTH REFORM: OIG Issues Updated Guidelines for Evaluating State False Claims Acts: Is More State Litigation on the Horizon?

by George Breen, Daniel C. Fundakowski, Wendy C. Goldstein | Epstein Becker & Green, P.C. on 4/1/2013

On March 15, 2013, the U.S. Department of Health and Human Services’ Office of Inspector General (“OIG”) released the Updated OIG Guidelines for Evaluating State False Claims Acts (“2013 Guidelines”), which replaces the...more

Weekly Law Resume - February 7, 2013: Protection for Whistleblowers Extended From Employers to Violations by Third Parties,...

by Pamela Helman | Low, Ball & Lynch on 2/15/2013

Brian McVeigh v. Recology San Francisco et al. Court of Appeal, First District (January 31, 2013) Under the California False Claims Act (“CFCA”), whistleblowers are given protection when they disclose information to...more

Major New Jersey Health System Pays $12.6 Million To Settle False Claims Act Suit Alleging Physician Kickback Scheme

by Henry E. Hockeimer, Jr., Evan Krick, Dee Spagnuolo | Ballard Spahr LLP on 1/31/2013

Federal prosecutors recently announced a $12.6 million False Claims Act (FCA) settlement with a major New Jersey health system to resolve allegations that the system paid outside physicians in order to increase referrals....more

DOJ Recovers Up To $48 Million in False Claim Act Case Resulting From Whistleblower Report

by Sigal Mandelker, Massiel Pedreira | Proskauer - Whistleblowing & Retaliation on 1/24/2013

In yet another large recovery for the DOJ, on December 6, 2012, DFB Pharmaceuticals, and its subsidiary, Healthpoint Ltd., agreed as part of a settlement to pay up to $48 million to resolve allegations that Healthpoint caused...more

California District Court Unseals FCA Complaint Filed Against Numerous Banks

by BuckleySandler LLP on 1/24/2013

Last week, after the government declined to intervene in the case, the U.S. District Court for the Central District of California unsealed a qui tam False Claims Act (FCA) complaint filed by a whistleblower in April 2012...more

Fourth Circuit Holds False Claims Act Relators to Strict Pleading Standard: Ruling Will Be Particularly Useful in Defending...

by Ropes & Gray LLP on 1/23/2013

On January 11, 2013, the United States Court of Appeals for the Fourth Circuit issued an opinion reaffirming the requirement that False Claims Act relators plead presentment of a false claim with particularity. United States...more

Ohio Hospital and Heart Center to Pay $4.4 Million to Resolve FCA Allegations

by King & Spalding on 1/18/2013

The U.S. Attorney’s Office for the Northern District of Ohio announced that EMH Regional Medical Center (EMH), a non-profit community hospital system located in Lorain County, Ohio, and North Ohio Heart Center, Inc. (NOHC),...more

Second Circuit Declares Off-Label Promotion Ban Unconstitutional: Implications for False Claims Act Defendants

by Aileen Mcgill | Patterson Belknap Webb & Tyler LLP on 1/17/2013

On December 3, 2012, the United States Court of Appeals for the Second Circuit held that the First Amendment protects pharmaceutical companies who truthfully promote the lawful, off-label use of prescription drugs from...more

A Reduction in the Utility of Civil Investigative Demands and the Interpretive Narrowing of "Person" under the False Claims Act

by Steve Cave | Womble Carlyle Sandridge & Rice, PLLC on 1/15/2013

Executive Summary: False Claims Act actions against government contractors are on the rise. But two recent decisions offer potential limitations to false claims exposure, and may aid defendants in future FCA litigation....more

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False Claims Act › Qui Tam

Kinetic Moves To Disqualify Counsel In False Claims Act Qui Tam Action For Improper Use Of Contractor’s Privileged Documents

HEALTH REFORM: OIG Issues Updated Guidelines for Evaluating State False Claims Acts: Is More State Litigation on the Horizon?

Weekly Law Resume - February 7, 2013: Protection for Whistleblowers Extended From Employers to Violations by Third Parties,...

Major New Jersey Health System Pays $12.6 Million To Settle False Claims Act Suit Alleging Physician Kickback Scheme

DOJ Recovers Up To $48 Million in False Claim Act Case Resulting From Whistleblower Report

California District Court Unseals FCA Complaint Filed Against Numerous Banks

Fourth Circuit Holds False Claims Act Relators to Strict Pleading Standard: Ruling Will Be Particularly Useful in Defending...

Ohio Hospital and Heart Center to Pay $4.4 Million to Resolve FCA Allegations

Second Circuit Declares Off-Label Promotion Ban Unconstitutional: Implications for False Claims Act Defendants

A Reduction in the Utility of Civil Investigative Demands and the Interpretive Narrowing of "Person" under the False Claims Act

Qui Tam Case Study: Dismissal Based On Whistleblower’s Lack Of Standing

Don't Get Fried by Davis-Bacon

2/3 Of DOJ’s Nearly $5 Billion Recovery Under False Claims Act Derived From Whistleblower Suits in 2012

Are Medicaid Claims Becoming the Next Battleground for FCA Cases?

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