False Claims Act/Qui Tam Defense

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False Claims Act 2023 Year-End Update

Our lawyers provide a year-end update on the False Claims Act (FCA), including significant enforcement developments.

Client Alert | March 4, 2024

False Claims Act Risks for Cyber Device Manufacturers Arising under New Requirements Subject to FDA Enforcement Beginning October 1, 2023

Our lawyers discuss recent Federal Food, Drug, and Cosmetic Act amendments requiring cybersecurity information in premarket submissions for cyber devices, as well as the potential implications for False Claims Act liability, and the rise of FCA cases for claims relating to cybersecurity in the healthcare industry more generally.

Client Alert | October 16, 2023

Webcast: False Claims Act Hot Topics – Cybersecurity, Government Contracting, and Technology Companies

Please join us to discuss developments in the False Claims Act, including the latest trends in FCA enforcement actions and associated litigation affecting government contractors, including technology companies.

Webcasts | September 27, 2023

2023 Mid-Year False Claims Act Update

Gibson Dunn lawyers summarize recent False Claims Acts enforcement activity, then provide an overview of notable legislative and policy developments at the federal and state levels, and finally analyze significant court decisions from the first half of the year.

Client Alert | August 2, 2023

Supreme Court Upholds The Federal Government’s Broad Authority To Dismiss False Claims Act Lawsuits After It Has Intervened

The U.S. Supreme Court held 8-1 that the federal government may move at any time to dismiss a False Claims Act lawsuit over the objection of a relator, so long as it first intervenes in the action.

Client Alert | June 16, 2023

Supreme Court Holds That False Claims Act Scienter Turns On Defendant’s Knowledge And Subjective Beliefs

The Supreme Court recently held that an objectively reasonable interpretation of an ambiguous statutory or regulatory requirement does not preclude a finding that the defendant acted “knowingly” under the False Claims Act.

Client Alert | June 2, 2023

Year-End Review of False Claims Act Developments: Ninth Circuit

San Francisco partner Winston Chan is the author of "Year-end Review of False Claims Act Developments: Ninth Circuit" published by the Daily Journal on March 29, 2023.

Article | April 4, 2023

2022 Year-End False Claims Act Update

Our lawyers review the past year in False Claims Act activities.

Client Alert | February 8, 2023

Seven Gibson Dunn Attorneys Named Among Washingtonian Magazine’s 2022 Top Lawyers

Washingtonian magazine named seven Washington, D.C. partners to its 2022 Top Lawyers, which features “Washington’s top legal talent,” in their respective practice areas.

Firm News | January 3, 2023

Senators’ Call for Increased DOJ Use of Suspension and Debarment Could Impact False Claims Act Investigations and Resolutions

In an August 11, 2022 letter to the Department of Justice, Senators Elizabeth Warren (D-Mass) and Ben Ray Lujan (D-N.M.) signaled renewed congressional interest in the Government’s right to suspend or debar government contractors and federal financial assistance recipients from obtaining new business, and pressed for DOJ to boost its use of this administrative remedy in connection with its prosecution of criminal or fraud cases.

Client Alert | August 31, 2022

Anti-Kickback Circuit Split Holds Implications For Defendants

Denver partner John Partridge, Washington, D.C. Jonathan Phillips, and associate Allison Chapin are the authors of "Anti-Kickback Circuit Split Holds Implications For Defendants" published by Law360 on August 11, 2022. 

Article | August 12, 2022

2022 Mid-Year False Claims Act Update

Gibson Dunn lawyers summarize recent False Claims Act enforcement activity, provide an overview of notable legislative and policy developments at the federal and state levels, and analyze significant court decisions from the first six months of 2022.

Client Alert | July 20, 2022

Recent Settlement Indicates Donations by Healthcare Entities Could Be Subject to Increased DOJ Scrutiny

On February 14, 2022, the Department of Justice and U.S. Attorney’s Office for the Middle District of Florida announced they had reached a $5.5 million settlement with NCH Healthcare System to resolve common law claims arising from NCH’s donations to local government entities—payments that the government alleged were used improperly to fund Florida’s share of Medicaid payments made to NCH.

Client Alert | March 7, 2022

2021 Year-End False Claims Act Update

This past year underscored the continuing impact of the False Claims Act and attendant risks to companies that do business - directly or indirectly - with the government. DOJ announced that it collected more than $5.6 billion in FCA and related recoveries during FY 2021, which is the second-largest total ever for FCA recoveries and the largest since 2014.

Client Alert | February 3, 2022

Webcast: The False Claims Act – 2021 Update for Health Care Providers

The False Claims Act (FCA) is one of the most powerful tools in the government’s arsenal to combat fraud, waste, and abuse involving government funds. In this webcast, a panel of Gibson Dunn lawyers discusses the latest trends in FCA enforcement actions and associated litigation affecting health care providers.

Webcasts | October 26, 2021

Webcast: The False Claims Act – 2021 Update for Drug & Device Manufacturers

The False Claims Act (FCA) is one of the most powerful tools in the government’s arsenal to combat fraud, waste, and abuse involving government funds. In this webcast, a panel of Gibson Dunn lawyers discusses the latest trends in FCA enforcement actions and associated litigation affecting drug & device manufacturers.

Webcasts | October 19, 2021

Webcast: The False Claims Act – 2021 Update for Government Contractors

The False Claims Act (FCA) is one of the most powerful tools in the government’s arsenal to combat fraud, waste, and abuse involving government funds. In this webcast, a panel of Gibson Dunn lawyers discusses the latest trends in FCA enforcement actions and associated litigation affecting government contractors.

Webcasts | October 14, 2021

Webcast: The False Claims Act – 2021 Update for Financial Services

The False Claims Act (FCA) is one of the most powerful tools in the government’s arsenal to combat fraud, waste, and abuse involving government funds. In this webcast, a panel of Gibson Dunn lawyers discusses the latest trends in FCA enforcement actions and associated litigation affecting financial services.

Webcasts | October 6, 2021

Private Equity Firms and PPP Fraud Liability Under the False Claims Act

Writing for the Daily Journal, Winston Chan and Trisha Parikh discuss how private equity firms might be responsible for PPP fraud liability under the False Claims Act.

Article | September 23, 2021

Surge in False Claims Act enforcement continues

Los Angeles partners Nicola T. Hanna and James L. Zelenay Jr. and associate Sean S. Twomey are the authors of "Surge in False Claims Act enforcement continues," [PDF] published by the Daily Journal on August 13, 2021.

Article | August 16, 2021

2021 Mid-Year False Claims Act Update

Gibson Dunn lawyers summarize recent False Claims Act enforcement activity, provide an overview of notable legislative and policy developments at the federal and state levels, and analyze significant court decisions from the first six months of 2021.

Client Alert | July 26, 2021

False Claims Act Circuit Splits Proliferate as Supreme Court Declines to Resolve Split Concerning Key Element of FCA Claims

On Monday, February 22, 2021, the United States Supreme Court declined to resolve a prominent split between federal Courts of Appeal regarding the False Claims Act (“FCA”).

Client Alert | March 9, 2021

2020 Year-End False Claims Act Update

Looking back on the incredible year that was 2020, some observers of the False Claims Act enforcement space may note that the year’s FCA recoveries were the lowest they have been in twelve years, but the most important takeaway for those who deal in government funds is this: the government opened the most new FCA investigations ever in 2020.

Client Alert | January 27, 2021

Webcast: The False Claims Act: Updates for Health Care Providers

In this webcast, a panel of Gibson Dunn lawyers discusses the latest trends in False Claims Act enforcement actions and associated litigation affecting health care providers.

Webcasts | November 4, 2020

Webcast: The False Claims Act: Updates for Drug & Device Manufacturers

In this webcast, a panel of Gibson Dunn lawyers discuss the latest trends in False Claims Act enforcement actions and associated litigation affecting drug and device companies providers.

Webcasts | October 22, 2020

Webcast: The False Claims Act: Updates for the Government Contracting Sector

In this webcast, a panel of Gibson Dunn lawyers provides an update on the latest trends in False Claims Act enforcement actions and associated litigation affecting government contractors.

Webcasts | October 13, 2020

Webcast: The False Claims Act: Updates for the Financial Services Sector

In this webcast, a panel of Gibson Dunn lawyers discuss the latest trends in False Claims Act enforcement actions and associated litigation affecting the financial services sector;

Webcasts | October 6, 2020

2020 Mid-Year False Claims Act Update

As the world reels from the COVID-19 pandemic and certain sectors of the economy struggle, False Claims Act (“FCA”) enforcement and litigation has largely plodded along during the first six months of 2020—and some areas reflect increasing activity.

Client Alert | July 17, 2020

The CARES Act, the Higher Education Emergency Relief Fund, and Guidance for Schools to Limit Litigation Exposure

Gibson Dunn lawyers present an overview of the Higher Education Emergency Relief Fund (HEERF) and its conditions, potential False Claims Act pitfalls, and advice for ensuring compliance and avoiding litigation.

Client Alert | June 8, 2020

Implications of COVID-19 Crisis for False Claims Act Compliance

Gibson Dunn lawyers discuss the impact of the COVID-19 pandemic and related government measures on potential False Claims Act enforcement activity in the years to come.

Client Alert | March 31, 2020

2019 Year-End False Claims Act Update

Gibson Dunn lawyers discuss False Claims Act enforcement and settlement activity, legislative and policy updates, and significant case law developments during the fiscal year ending on September 30, 2019.

Client Alert | January 31, 2020

Webcast: Preparing for Enhanced Antitrust Enforcement in Government Procurement

In this webcast, Gibson Dunn lawyers discuss the DOJ’s newly-announced Procurement Collusion Strike Force and what it portends for federal antitrust and False Claims Act enforcement in government procurement.

Webcasts | December 4, 2019

U.S. Department of Justice and U.S. Department of Housing and Urban Development Issue Memorandum on Application of the False Claims Act

In a move designed to encourage greater participation by banks and other lending institutions in Federal Housing Administration (FHA) programs, on October 28, 2019, the U.S. Department of Justice (DOJ) and the U.S. Department of Housing and Urban Development (HUD) signed a Memorandum of Understanding (MOU) setting forth guidance on the appropriate use of the False Claims Act (FCA) to enforce violations of FHA regulatory requirements.

Client Alert | November 4, 2019

Webcast: The False Claims Act – 2019 Mid-Year Update: Health Care and Life Sciences Sector

In this webcast, Gibson Dunn lawyers discuss developments in False Claims Act enforcement particularly with regard to the health care and life sciences sector.

Webcasts | October 15, 2019

Webcast: The False Claims Act – 2019 Mid-Year Update: Government Contracting Sector

In this webcast, Gibson Dunn lawyers discuss developments in False Claims Act enforcement particularly with regard to the government contracting sector.

Webcasts | October 1, 2019

Webcast: The False Claims Act – 2019 Mid-Year Update: Financial Services Sector

In this webcast, a panel of Gibson Dunn lawyers discusses the latest trends in FCA enforcement actions and associated litigation affecting the financial services sector.

Webcasts | September 17, 2019

Mid-Year Review: False Claims Act Enforcement in 2019

Los Angeles partner James L. Zelenay Jr. and associate attorney Sean S. Twomey are the authors of “Mid-Year Review: False Claims Act Enforcement in 2019” [PDF] published by the Daily Journal on August 1, 2019.

Publications | August 5, 2019

2019 Mid-Year False Claims Act Update

Gibson Dunn lawyers review False Claims Act enforcement activity and litigation during the first half of 2019.

Client Alert | July 16, 2019

Cooperation Credit in False Claims Act Cases: Opportunities and Limitations in DOJ’s New Guidance

On May 7, 2019, the U.S. Department of Justice (“DOJ”) released long-awaited guidance on when DOJ will award cooperation credit to targets of False Claims Act (FCA) enforcement.

Client Alert | May 14, 2019

Looking back and ahead at the False Claims Act

Los Angeles partners Debra Wong Yang, Michael Farhang and James Zelenay, and associate Sean Twomey are the authors of "Looking back and ahead at the False Claims Act" [PDF] published by The Daily Journal on February 14, 2019.

Publications | February 14, 2019

Recent Developments Related to Regulation and Litigation Involving the Education Sector

This is the latest update of significant developments related to regulatory, administrative, and legal actions involving schools.  This quarter saw the Ninth Circuit issue its long-awaited decision in United States ex rel. Rose v. Stephens Institute, a number of other interesting developments related to the False Claims Act ("FCA"), a flurry of activity from the Department of Education and other federal agencies, and more. 

Client Alert | November 6, 2018

Webcast: The False Claims Act: 2018 Mid-Year Update for Government Contracting

The False Claims Act (FCA) is well-known as one of the most powerful tools in the government’s arsenal to combat fraud, waste and abuse anywhere government funds are implicated.

Webcasts | September 10, 2018

Webcast: The False Claims Act – 2018 Mid-Year Update: Three Industry-Specific Programs

The False Claims Act (FCA) is well-known as one of the most powerful tools in the government’s arsenal to combat fraud, waste and abuse anywhere government funds are implicated.

Webcasts | August 29, 2018

Webcast: The False Claims Act – 2018 Mid-Year Update: Drug and Device Industries

The False Claims Act (FCA) is well-known as one of the most powerful tools in the government’s arsenal to combat fraud, waste and abuse anywhere government funds are implicated.

Webcasts | August 22, 2018

2018 Mid-Year FDA and Health Care Compliance and Enforcement Update – Providers

A year and a half into the new Administration, we are seeing new and shifting enforcement and regulatory trends in the health care provider space. While the staying power of these trends remains uncertain, it is increasingly clear that the Administration is implementing changes—including potentially significant ones—at each of the principal health care enforcement agencies.

Client Alert | July 26, 2018

2018 Mid-Year False Claims Act Update

Six months ago, we remarked in these pages on the largely unchanged and unrelenting pace of False Claims Act ("FCA") enforcement under the Trump Administration.

Client Alert | July 11, 2018

Webcast: Defending Medical Necessity Enforcement Actions

Gibson Dunn and BDO provides an overview of significant trends and key issues in government enforcement actions and litigation involving allegations that services or items billed to government health programs were not medically necessary.

Webcasts | June 27, 2018

Acting Associate AG Panuccio Highlights DOJ’s False Claims Act Enforcement Reform Efforts

On June 14, 2018, Acting Associate Attorney General Jesse Panuccio gave remarks highlighting recent enforcement activity and policy initiatives by the Department of Justice ("DOJ").

Client Alert | June 20, 2018

Recent Developments Related to Regulation and Litigation Involving the Education Sector (May 2018)

This is the latest update of significant developments relating to regulatory, administrative, and legal actions involving schools. This quarter saw the reinstatement of the Accrediting Council for Independent Colleges and Schools (ACICS), as well as three for-profit law schools turning the tables on their schools' accreditor, the American Bar Association.

Client Alert | May 30, 2018

Recent Developments Related to Regulation and Litigation Involving the Education Sector (February 2018)

This is the latest update of significant developments relating to regulatory, administrative, and legal actions involving schools, especially private-sector schools.

Client Alert | February 20, 2018