Litigation
False Claims Act / Qui Tam Defense
Gibson Dunn is the premier firm in False Claims Act (FCA) defense, offering comprehensive legal services across all phases of FCA litigation.
Overview
Gibson Dunn has extensive experience defending False Claims Act (FCA) cases, achieving significant victories at the U.S. Supreme Court, appellate courts, and district courts nationwide.
Our team, which includes former civil and criminal prosecutors who investigated and prosecuted FCA matters for the government, excels in all phases of FCA litigation—from conducting internal investigations and negotiating with the government to narrow Civil Investigative Demands (CIDs) or avoid intervention, to winning cases at the pleading stage, engaging in discovery, and trying cases. We litigate both intervened and non-intervened FCA matters from trial to appeal.
We leverage data analytics to develop defense theories and proactively engage in affirmative discovery from relators and government agencies to combat theories, often securing evidence that undermines relators’ claims. Our comprehensive, semi-annual legal analyses on FCA activity further underscore our expertise and provide in-depth insights into the latest developments in FCA defense.
Our proactive approach includes providing contemporaneous compliance guidance during investigations, handling post-resolution compliance work, and advising on potential collateral risks and litigation.
Ranked Tier 1 in False Claims Act – Nationwide by Chambers USA – one of only five firms – we are recognized as a “top-notch firm” with a “tremendous team of lawyers.”
Our strong working relationships with DOJ lawyers and State Attorneys General, built through substantial experience, have led to considerable success in representing clients during FCA investigations. We frequently convince prosecutors not to intervene in whistleblower actions, not to separately file or pursue FCA actions, or to settle on favorable terms rather than litigate.
And our experience runs the gamut of industries, from healthcare and life sciences, to technology and cybersecurity, to government contractors and defense/aerospace.
“Gibson Dunn boasts an extensive roster of former high-level prosecutors and governmental officials to offer extensive and detailed knowledge in a broad array of FCA litigation matters. The practice is noted for the diverse variety of whistle-blower suits it can handle, including healthcare, government contracts and antitrust FCA matters.”
Chambers USA
Experience
Recent representations include:
- Obtained dismissal of a False Claims Act suit alleging a pharmaceutical retailer falsely certified beneficiaries’ compliance with a state Medicaid program’s preauthorization requirements.
- Successfully defended a multinational pharmaceutical company in a False Claims Act suit alleging a kickback scheme to provide surgeons with free advertising in exchange for purchases of devices.
- Successfully defended several local health plans for alleged False Claims Act violations regarding Affordable Care Act refund allegations.
- Successfully obtained a dismissal of a False Claims Act qui tam action brought by a whistleblower against a state’s largest health care system, alleging reverse FCA claims based on overpayments relating to a Medicaid program.
- Defended and obtained a favorable settlement on behalf of a government contractor transportation company in connection with a False Claims Act qui tam lawsuit.
- Represented an energy distribution company in an investigation for alleged FCA and Truth in Negotiations Act (TINA) violations, resulting in a negotiated resolution significantly lower than the initial settlement offer.
- Represented a private equity firm in a False Claims Act investigation regarding the purchase of victims’ rights to distributions from a receiver. Secured a favorable settlement with both the DOJ and the qui tam relator.
- Defended a surgical device manufacturer in an investigation of allegations of improper financial arrangements with promotional speakers. The Government declined to intervene and the relator dismissed the qui tam case.
- Represented a biotechnology company in criminal and civil investigations by multiple agencies, focusing on allegedly improper programs to promote testing products.
- Successfully obtained a motion to dismiss with prejudice against a claim that a multinational investment bank violated a state False Claims Act by allegedly fraudulently inducing a state agency to enter into various investments.
Practice Leaders
News & Insights
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