Jeremy Kernodle in Law360: 6 Lessons For Lawyers From Feds' 2013 FCA Haul

01/07/2014


News that False Claims Act recoveries plummeted in 2013 shouldn't excite health care companies and defense contractors very much, according to experts who note that the $3.8 billion haul was still the second-biggest ever and that whistleblowers proliferated like rabbits. Here, attorneys share six lessons gleaned from last year's tally...

Qui Tams Are Surging
Any hope in the defense bar that 2012’s record-setting year for new whistleblower complaints would represent a high-water mark were dashed by word that relators had brought more than 750 lawsuits in 2013, up from roughly 650 the year prior. The 15 percent spike seemingly makes clear that word keeps spreading about windfalls for whistleblowers...

Jeremy D. Kernodle, an FCA specialist at Haynes and Boone, LLP, described the continued rise as the biggest takeaway from 2013, and said defense attorneys can only pray there’s a limit in sight to how many fraud suits can be filed.

“You would hope so. I would think eventually we’re going to see it top out,” Kernodle said. “Surely there aren’t that many whistleblowers out there.”

Excerpted from Law360, January 7, 2014. To read the full article, click on the PDF linked below.

PDF - 6 Lessons For Lawyers From Feds' 2013 FCA Haul.pdf

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