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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Gibson Dunn lawyers review False Claims Act enforcement activity and litigation during the first half of 2019.
Client Alert | July 16, 2019
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
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
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
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
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
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
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
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
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
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
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
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
The Department of Justice issued two internal memoranda in January 2018 that, taken together, reflect the Trump Administration's first significant policy statements on False Claims Act (FCA) enforcement.
Client Alert | February 6, 2018
In this webcast, a panel reviews key regulatory and corporate governance developments in 2017 and offers valuable insight on how to address challenges forecasted for 2018.
Webcasts | January 24, 2018
How will the Trump Administration alter enforcement of the False Claims Act ("FCA")? This is a question we fielded frequently at the end of 2016. Our answer at the time: We do not expect there to be significant changes in FCA enforcement, and we expect that the Department of Justice ("DOJ") and private qui tam plaintiffs will continue to brandish the FCA as a powerful weapon.
Client Alert | January 5, 2018
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 23, 2017
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 2, 2017
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 | July 26, 2017
In our 2016 Year-End Update, we noted that 2016 was a year full of change—including significant Supreme Court False Claims Act rulings and the election—and raised questions regarding the application and enforcement of the False Claims Act ("FCA") going forward. The first half of 2017 has answered some of those questions, but many remain. First, some consensus has developed among the courts as to how to apply the Supreme Court's decision in Universal Health Services v. United States ex rel.
Client Alert | July 12, 2017
I. INTRODUCTION What a year. With two Supreme Court decisions and nearly $5 billion in recoveries (among other interesting entries) in 2016's now-closed books, we can say with certainty that 2016 delivered plenty of False Claims Act ("FCA") headlines.
Client Alert | January 5, 2017
Denver partner John D.W. Partridge, associate Reid Rector and Washington, D.C. associate Jonathan Phillips are the authors of "FCA Liability after Escobar: Challenges and Opportunities for Device Companies" [PDF] published in the October 2016 issue of Medtech Insight.
Article | October 27, 2016
Major changes -- that is how we would describe the developments in the first half of 2016 as related to the scope of liability and damages under the federal False Claims Act (FCA).
Client Alert | July 7, 2016
A bit less, but no less impressive--that is how we would characterize False Claims Act enforcement in 2015. This past year, the federal government recovered approximately $3.6 billion in either settlements or judgments in cases brought under the False Claims Act ("FCA" or the "Act").
Client Alert | January 6, 2016
Washington D.C. associate Jonathan M. Phillips is the author of "Compliance Implications of the Rise of False Claims Act Cases Based on the 60-Day Rule" [PDF] published in the December 2015 issue of Health Care Fraud Westlaw Journal.
Article | December 1, 2015
I. INTRODUCTION There is no end in sight to the False Claims Act gold rush. After a record-setting 2014, which saw $5.7 billion in recoveries under the federal False Claims Act (FCA), 31 U.S.C.
Client Alert | July 8, 2015
Just two years ago we noted the staggering level of the federal government's recovery-- approximately $5 billion--under the False Claims Act, 31 U.S.C.
Client Alert | January 7, 2015
I. INTRODUCTION It has been an explosive past six months in matters under the federal False Claims Act ("FCA"), 31 U.S.C. § 3729 et seq., which prohibits the knowing submission of false claims for payment to the government or false statements material to false claims.
Client Alert | July 9, 2014
$3.8 Billion—That is the approximate amount recovered by the federal government last year alone in settlements and judgments under the False Claims Act, 31 U.S.C.
Client Alert | January 8, 2014
$5 Billion! That's the approximate amount recovered by the federal government from settlements and judgments in cases filed under the federal False Claims Act, 31 U.S.C.
Client Alert | July 10, 2013
For years, the Department of Justice ("DOJ") has sought recoveries under the False Claims Act, 31 U.S.C. §§ 3729-33 (the "FCA" or the "Act"), with a torrid pace.
Client Alert | January 8, 2013
For years, on these pages, we have marveled at the precipitous increase in False Claim Act (FCA) enforcement.
Client Alert | July 12, 2012
It seems that "record-breaking" years for recoveries under the False Claims Act, 31 U.S.C. §§ 3729-33 (the "FCA" or the "Act") are becoming as predictable as Gibson Dunn publishing its Year-End Update on the subject.
Client Alert | January 5, 2012
$7,300,000,000! That's 7.3 billion dollars. If that figure grabbed your attention, imagine the reaction of federal and state prosecutors and qui tam plaintiffs' lawyers across the country when they heard that between January 2009 and June 2011, the Department of Justice ("DOJ") recovered more than $7.3 billion in civil settlements and judgments alone under the False Claims Act, 31 U.S.C.
Client Alert | July 14, 2011
Denver partner Robert Blume, Washington, D.C. partner Andrew Tulumello and Denver of counsel Jessica Sanderson are the authors of "2010 Year-End False Claims Act Update: Part 2" [PDF] published in the April 2011 issue of Westlaw Journal's Health Care Fraud.
Client Alert | April 1, 2011
Denver partner Robert Blume, Washington, D.C. partner Andrew Tulumello and Denver of counsel Jessica Sanderson are the authors of "2010 Year-End False Claims Act Update: Part 1" [PDF] published in the March 2011 issue of Westlaw Journal's Health Care Fraud.
Client Alert | March 1, 2011
Printable PDF False Claims Act litigation and enforcement exploded in 2010 with unprecedented intensity. Indeed, the government secured more than $3 billion in civil settlements and judgments for its fiscal year ending September 30, 2010--a 25% increase over the previous year and the second-largest yearly recovery amount ever.
Client Alert | January 6, 2011
Many consider the False Claims Act (the "FCA") to be the "fastest growing area of federal litigation." At the outset of the federal government's fiscal year 2010, Senator Charles Grassley (R-Iowa) reported that the government had more than 1,000 qui tam cases awaiting its decision on intervention.
Client Alert | July 9, 2010
In 2009, the United States government invested trillions of dollars into the economy. Coupled with this unprecedented spending came increased demands for transparency and accountability.
Client Alert | January 8, 2010
The frenetic pace of False Claims Act ("FCA") activity in 2008 has continued into the first half of 2009. In addition to record-breaking FCA settlements in several industries, we have witnessed substantial amendments to the federal statute itself.
Client Alert | July 13, 2009
I. Introduction Today's headlines are riddled with allegations of fraud and fraudulent schemes--against investors, markets, homeowners, individuals, corporations, and the government.
Client Alert | January 8, 2009