False Claims Act/Qui Tam Defense

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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

DOJ Policy Statements Signal Changes in False Claims Act Enforcement

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

Webcast – Challenges in Compliance and Corporate Governance -14th Annual Briefing

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

2017 Year-End False Claims Act Update

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

Webcast: 2017 Mid-Year Update: The False Claims Act and Financial Services

​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

Webcast: 2017 Mid-Year Update: The False Claims Act and Drug and Device Manufacturers

​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

Webcast: 2017 Mid-Year Update: The False Claims Act and the Education Sector

​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

2017 Mid-Year False Claims Act Update

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

2016 Year-End False Claims Act Update

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

FCA Liability after Escobar: Challenges and Opportunities for Device Companies

​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

2016 Mid-Year False Claims Act Update

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

2015 Year-End False Claims Act Update

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

Compliance Implications of the Rise of False Claims Act Cases Based on the 60-Day Rule

​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

2015 Mid-Year False Claims Act Update

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

2014 Year-End False Claims Act Update

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

2014 Mid-Year False Claims Act Update

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

2013 Year-End False Claims Act Update

$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

2013 Mid-Year False Claims Act Update

$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

2012 Year-End False Claims Act Update

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

2012 Mid-Year False Claims Act Update

For years, on these pages, we have marveled at the precipitous increase in False Claim Act (FCA) enforcement.

Client Alert | July 12, 2012

2011 Year-End False Claims Act Update

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

2011 Mid-Year False Claims Act Update

$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

2010 Year-End False Claims Act Update: Part 2

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

2010 Year-End False Claims Act Update: Part 1

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

2010 Year-End False Claims Act Update

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

2010 Mid-Year False Claims Act Update

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

2009 Year-End False Claims Act Update

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

2009 Mid-Year False Claims Act Update

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

2008 Year-End False Claims Act Update

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