News & Analysis as of

Qui Tam

Seeking Dismissal Of False Claims Qui Tam Actions – Seven Factors Clarify The Standard Of Dismissal Used By The Department Of...

The U.S. Department of Justice Civil Division (Department) issued a Memo dated January 10, 2018 (Granston Memo), directing Department of Justice attorneys to more seriously consider dismissing False Claims Act (FCA) cases...more

A Second Judge Gives United Health A Partial FCA Victory Based On Materiality

by Arnall Golden Gregory LLP on

On February 12, 2018, a second judge in the Central District of California, Judge Michael W. Fitzgerald, dismissed, with leave to amend by February 26, 2018, counts in a False Claims Act (FCA) case alleging that UnitedHealth...more

Food and Beverage Law Update: February 2018

by Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

The DOJ’s “Granston Memo,” and Its Implications for Future Dismissals of False Claims Act Cases

The recent leak of an internal U.S. Department of Justice (DOJ or Department) memorandum setting forth considerations for dismissal of civil cases brought under the False Claims Act (FCA) offers helpful guidance not only to...more

A New Year, a New, Firmer DOJ: Recently-Released Parameters for DOJ in False Claims Act Litigation

by Baker Donelson on

The U.S. Department of Justice (DOJ) kicked off the new year with two new resolutions to help clarify some enforcement and litigations policies, both of which are directly relevant to claims brought under the False Claims...more

False Claims Act Circuit Splits—FCA Issues That May Soon Reach The Supreme Court Or Lead To Congressional Amendment

• Under the FCA there are multiple circuit court splits related to how power should be allocated between the United States and the relator and whether the relator has contributed sufficient value to merit obtaining a...more

Kickback Case Results in Jury Verdict Exceeding $50 Million

by King & Spalding on

A South Carolina jury found three individuals liable for violations of the Federal False Claims Act (FCA) in a qui tam whistleblower action in which DOJ intervened. The defendants, owners of a specialized laboratory company...more

Emerging Trends in False Claims Act Enforcement: 2018 Outlook

by Holland & Knight LLP on

• While financial recoveries under the federal False Claims Act (FCA) continued at a fast pace last year, the U.S. Department of Justice (DOJ) started 2018 with a proverbial "bang" by issuing new internal guidance directing...more

The Brand Memo: Establishing “Reasonable and Necessary” In The Face Of DOJ’s New Mandate Prohibiting Reliance On Agency Guidance...

by Reed Smith on

On January 25, 2018, the U.S. Department of Justice (DOJ) issued a memorandum that further limits its ability to rely on sub-regulatory guidance to establish legal requirements for health care providers. The memorandum...more

Designing Clinical Studies To Avoid Regulatory Scrutiny

Practical advice following the Primex Clinical Laboratories settlement - Earlier this year, the Department of Justice (DOJ) announced a $3.5 million settlement against Primex Clinical Laboratories, a California laboratory...more

Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: January 2018

by Mintz Levin on

Overview of Qui Tam Activity: ..We identified 47 health care-related qui tam cases that were unsealed in August and September 2017. ..Over those two months, the rate of intervention was relatively high — at least 34%. For...more

DOJ Enforcement Memorandum Signals Policy Shift in Deference to Agency Guidance Documents for Civil Health Care Enforcement...

by Ropes & Gray LLP on

On January 25, 2018, the U.S. Associate Attorney General issued a memorandum directing civil litigators in the U.S. Department of Justice (“DOJ”) to limit their use of governmental agency guidance documents in affirmative...more

Justice Department Issues Memo Limiting Use of Agency Guidance in Affirmative Civil Enforcement Suits

by WilmerHale on

On January 25, Associate Attorney General Rachel Brand issued a memorandum to all components of the Department of Justice with civil litigating authority limiting the use of agency guidance documents in affirmative civil...more

Government Gatekeeper? DOJ Memo Encourages Dismissal of Meritless False Claims Act Cases

by Latham & Watkins LLP on

Leaked DOJ memo instructs government attorneys to consider dismissing certain False Claims Act qui tam actions. On January 10, 2018, Michael D. Granston, Director of the Commercial Litigation Branch of the Department of...more

DOJ Issues Memorandum Urging Government Lawyers to Dismiss ‘Meritless’ False Claims Act Cases

by King & Spalding on

The Department of Justice recently issued an internal guidance memo to DOJ attorneys regarding the dismissal of meritless False Claims Act (FCA) cases. Michael Granston, the Director of DOJ’s Civil Fraud Section, first made...more

Two Recent Justice Department Memoranda May Have Significant Consequences for Pending and Future False Claims Act Enforcement

by Dorsey & Whitney LLP on

In recent weeks, the United States Department of Justice (“DOJ”) issued two memoranda that might change the calculus of False Claims Act (“FCA”) cases. The memoranda at a minimum provide organizations with new—or at least...more

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

Recent DOJ Memos Provide New Tools For False Claims Act Defendants

by Bryan Cave on

Earlier this week, the U.S. Department of Justice (“DOJ”) announced that in the fiscal year ending September 30, 2017, it recovered over $3.7 billion in judgments and settlements from civil cases involving the False Claims...more

New DOJ Guidance Portends New Defenses in False Claims Act Cases

Last week, the Department of Justice (DOJ) issued two separate memoranda with potentially far-reaching consequences. While the practical effect of these documents remains to be seen, they may provide another avenue of...more

2017 Statistics Again Show Massive Recoveries in False Claims Act Cases

by 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

Has the DOJ Signaled a More Critical Approach to FCA Cases?

Defendants have faced an ever increasing number of qui tam actions, yet the government has historically declined to seek dismissal of those actions where it declined to intervene. ...more

To Dismiss or Not to Dismiss? That Is the Question

Healthcare news and information site RACmonitor reported with some fanfare in early November of last year that DOJ Civil Fraud Section Director Michael Granston (a friend and former DOJ colleague) had announced at a...more

Guidance on Guidances: DOJ Says its Litigators May Not Use Noncompliance with FDA Guidances as Basis for Civil Enforcement Actions

by Reed Smith on

Having worked in the federal government, we are familiar with how important Department of Justice Guidance Policy memoranda can be. They set priorities, outline criteria for acceptable guilty pleas and sentencing factors,...more

DOJ Signals More Liberal Exercise Of Power To Dismiss Qui Tam Actions Under The FCA

by Husch Blackwell LLP on

On January 10, 2018, citing costs associated with record increases in the number of qui tam actions filed under the False Claims Act, the Department of Justice issued a memorandum to certain DOJ attorneys, strongly signaling...more

Department of Justice Memorandum Provides Guidance for Evaluating Dismissal of Qui Tam FCA Cases

• Department of Justice (DOJ) has released a memorandum detailing seven nonexhaustive factors to be considered by its attorneys in making the important determination of whether to dismiss False Claims Act (FCA) qui tam...more

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