False Claims Act

False Claims Act enforcement presents significant legal, financial, and reputational risks for any global organization that provides products and services directly or indirectly to a state or US territory, the US federal government, receives funding by any US government program, or imports or exports its products and services to and from the United States. FCA claims are generally brought to the government’s attention by whistleblowers or relators who receive on average 15 to 25 percent of the government's recovery. Financial penalties, including treble damages and forfeitures, have dramatically increased each year, with the US federal government recovering more than USD 10 billion in just the past two fiscal years. U.S. State Attorney Generals have realized the power of the FCA and are increasingly bringing independent state enforcement actions that we expect will also result in billions in recoveries over the next few years.

Our FCA team consists of veteran trial lawyers, former DOJ prosecutors and industry experts with experience in all aspects of FCA matters – including investigating, defending, and litigating complex qui tam and government enforcement actions. Contact us and we will help with your defense and more importantly aid you in the development of compliance and risk mitigation strategies.

• Qui Tam Defense: We defend some of the most significant qui tam and DOJ enforcement actions with a team of veteran FCA trial lawyers and former DOJ prosecutors.
• Civil & Criminal Defense: We defend government contractors and corporations receiving federal program funds in civil and criminal fraud actions and are skilled in strategically defending parallel enforcement proceedings.
• FDA, HHS & DOJ Enforcement: We aggressively combat joint FDA, HHS, and DOJ regulatory and enforcement actions. Our team consists of health care regulatory specialists who have successfully prevented enforcement actions and negotiated favorable resolutions with regulatory agencies.
• Supply Chain: We advise global suppliers of commercial products on the consequences of improper tariff classifications and certifications to avoid FCA liability and challenge joint DOJ and US Customs enforcement actions where necessary.
• State Attorney General Enforcement: We advise and defend clients in state false claims actions coordinated by multiple state attorneys general under their own aggressive false claims enforcement regimes.
• Government Procurement: We defend government contractors in complex fraud and procurement qui tam actions involving agencies such as DOD, VA, HUD, NASA, SBA, and GSA. We assist clients with risk mitigation associated with express and implied certifications and minimizing potential for adverse effects of suspension, debarment, and exclusion from government programs. 
• Internal Investigations: FCA internal investigations are unique and often critical precursors to qui tam litigation. We are skilled at conducting thorough investigations while maintaining appropriate privilege to ensure the best defense at trial.
• Compliance: We provide comprehensive compliance program assessments and support, including cGMP risk assessments and monitoring, third-party due diligence and training, policy and procedure gap analysis, and sales/marketing practices-related advice.
• Healthcare & Life Sciences: We provide comprehensive compliance program assessments and support with a focus on the representation of drug and medical manufacturers in compliance program development and implementation. We have extensive experience reviewing policies and procedures for gap analysis and advising on the structuring of relationships and interactions with healthcare professionals. We also support and advise on sales/marketing practices-related issues, including assistance with the internal training of sales force members on compliance matters.