Member Article

The False Claims Act, 31 U.S.C. §§ 3729, et seq. (“FCA”) continued to be a significant focus of government and whistleblower activity in 2014. This 2014 False Claims Act Year in Review highlights key developments, including:

• statistics showing that the rate of FCA filings remains very high, with the number of suits filed by whistleblowers exceeding 700 for the second year in a row,
• a report by the U.S. Department of Justice that it has recovered more than $5.6 billion in settlements and judgments in FCA cases in fiscal year 2014,
• recent decisions holding that ambiguity in governing regulations or contractual provisions can negate scienter,
• the growing trend of filing counterclaims against employee relators who took company documents in violation of employment agreements, and
• a significant decision narrowing the “worthless services” theory of liability in healthcare services.

Our firm has extensive experience in defending clients in FCA actions and investigations. In 2014, we represented healthcare providers, laboratory services companies, defense contractors, medical manufacturers, and executives, resolving matters before litigation was filed, negotiating favorable settlements, and litigating claims in courts across the country. We also advised a number of contractors and providers regarding FCA compliance and other related issues.

To read the publication, click on the PDF linked directly below.

False-Claims-Act-Year-in-Review-2014.pdf

 

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