The Supreme Court held that the FCA’s extended limitations period is available to relators in qui tam cases even when the government declines to intervene. Lower courts continued to divide over the first-to-file bar, standards for determining the materiality of allegedly false claims, the standard of review for government motions dismiss under 31 U.S.C. § 3130(c)(2)(A), and the definition of protected conduct in retaliation claims.

WilmerHale’s comprehensive review of FCA developments surveys significant federal and state court decisions, settlements, and recently filed or unsealed complaints; legislative and regulatory changes at both the federal and state levels; changes in investigation and litigation strategy by relators, state attorneys general, and federal prosecutors; and proposals for reform of the FCA. By looking back over 2019, the report also provides an important guide to changes on the horizon for 2020.