In the News

Sean McKenna in Law360: FCA Risks Soar As Medicare Unseals Doc Billing Records

Medicare’s epic release Wednesday of millions of physician reimbursement records is a seminal moment of transparency that will likely galvanize False Claims Act litigation for years to come, experts say. >>

Sean McKenna in Law360: Medicare Billing Records Give FCA Whistleblowers New Ammo

Medicare's new plan to divulge reams of physician-specific billing data will further strengthen the anti-fraud arsenal of whistleblowers and researchers, according to experts who say the transparency will fortify False Claims Act suits and put additional pressure on regulators to curb overpayments. >>

Recent Publications

D.C. Circuit Creates Circuit Split by Holding FCA First-to-File Bar Applies Even When First Action is No Longer “Pending”

The D.C. Circuit recently expanded the scope of the False Claims Act’s first-to-file defense. See United States ex rel. Shea v. Cellco Partnership, __ F.3d __, 2014 WL 1294687 (D.C. Cir. April 11, 2014). >>

Fourth Circuit Affirms Dismissal of FCA Suit Alleging Regulatory Violations

The Fourth Circuit recently held that selling contaminated drugs in violation of FDA regulations does not give rise to False Claims Act liability where compliance with the regulations is not a condition of federal reimbursement. >>

False Claims Act Year in Review 2013

This 2013 Haynes and Boone False Claims Act Year in Review highlights key FCA developments, including significant actions taken by the United States, notable FCA settlements, and important judicial decisions analyzing and applying the statute. Our Review also identifies several issues that are now pending at the U.S. Supreme Court. >>

False Claims Act/Qui Tam

We have extensive experience defending clients in qui tam and False Claims Act investigations and lawsuits. Our clients are companies and executives in a wide variety of industries, including large healthcare companies, educational institutions, and major defense and government contractors.

Our lawyers include several former Department of Justice trial attorneys as well as long-time defense practitioners who understand the unique aspects of False Claims Act litigation. Because False Claims Act and private qui tam actions often arise amid multiple government investigations, we coordinate closely with our attorneys in our white collar criminal defense, government contracts, and healthcare practices to develop strategies that address the complex issues that arise in these parallel proceedings. These include conducting internal investigations, persuading the government not to institute an action or intervene in a pending qui tam suit, and defending clients in parallel criminal investigations or government debarment proceedings. When a False Claims Act lawsuit is unsealed, we have the experience to successfully defend it, and we have obtained numerous dismissals of False Claims Act cases in the early stages of the litigation.