Federal and state governments frequently employ the False Claims Act (FCA), and various similarly-worded state statutes, to pursue recoveries from companies that operate in a variety of industries to make up for budget shortfalls and to otherwise bolster revenue. The breadth and effect of these statutes is further enlarged by governments’ statutory investigation powers, which permit pre-suit depositions and document discovery without the government having to disclose the existence of sealed lawsuits or the bases for such litigation. Further, the FCA and parallel state statutes also provide private plaintiffs (and their attorneys) strong financial incentives to assert claims on behalf of the government through privately-filed qui tam lawsuits.
Our lawyers have broad and extensive experience representing clients in all facets of FCA and qui tam litigation, as well as the governmental investigations that frequently precede such litigation. We represent and defend clients in several regulated industries, including pharmaceutical manufacturers, health care companies, financial institutions, oil and gas businesses, and accounting service providers. Along with these companies, we also frequently represent their past and current employees and officers in connection with civil and criminal investigations. Our lawyers have safeguarded our clients’ interests while maintaining constructive relationships with government investigators so as to avoid potential litigation is some circumstances.
In addition to defending our clients in the courtroom and courts of appeal, we routinely work with our clients to identify and preemptively address potential litigation risks, as well as assist our clients with structuring their commercial dealings to avoid potential statutory violations, and to comply with applicable safe harbors. Our attorneys routinely speak and present at continuing legal education forums and publish articles on these subjects.
Our lawyers also understand the importance of avoiding and mitigating the disruption, distraction and risk associated with governmental investigations and large-scale litigation arising under the False Claims Act, Medicare/Medicaid Anti-Kickback Act, and other federal and state statutes. In those situations where such matters culminate into litigation, we aggressively defend our clients and their employees through effective motion practice, defensive depositions and discovery, trial advocacy and comprehensive appellate experience.