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The U.S. Supreme Court Affirms the Government's Authority to Dismiss FCA Qui Tam Cases After Declining to Intervene

The False Claims Act's ("FCA") use of qui tam relators (private individuals bringing suit on behalf of the government) has long raised both procedural and substantive challenges....more

Senate Judiciary Committee Votes to Approve Amendments to the False Claims Act

In July 2021, a bipartisan group of senators introduced a bill, S. 2428, entitled the False Claims Amendments Act of 2021 ("S. 2428"), which proposed substantive and procedural amendments to the False Claims Act ("FCA")....more

Fourth Circuit Rejects FCA Claims on Scienter Grounds Based on Ambiguous Regulations

The Situation: Manufacturers of allergenic extracts that are injected into a patient must obtain a Food and Drug Administration ("FDA") approved license in order to ensure their products are safe for consumption. Until the...more

Recent Qui Tam Actions Predicated on Human Trafficking Allegations

The Situation: A new line of qui tam cases predicated on alleged human trafficking violations has begun to emerge. The Result: Potential exposure to qui tam claims heightens the risk of allegations of human trafficking...more

Tenth Circuit Rejects False Claims Act Theory About Falsified Records on Materiality Grounds

The Situation: The Supreme Court's ruling in Universal Health Services, Inc. v. U.S. ex rel. Escobar, 136 S. Ct. 1989 (2016), opened the door to more materiality defenses under the False Claims Act ("FCA"), but without making...more

Strategic Budgeting Can Result in Early Resolution of False Claims Act Cases

The Situation: False Claims Act ("FCA") cases are high-risk matters, given their potential to result in "company-busting judgments." The Strategy: The high stakes require defendants and their counsel to treat the budget...more

DOJ Should Dismiss Meritless False Claims Act Qui Tam Relator Claims

The Situation: Despite recently acknowledging the significant burden imposed by frivolous False Claims Act claims and affirming its statutory grant of power to dismiss meritless claims brought by relators, DOJ has maintained...more

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