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Stradling

False Claims Act/Qui Tam Defense

The federal government and many states have false claims acts that are serious risks to businesses, including some who likely never considered themselves at risk.

In the past 10 years, the federal government and former employees have increasingly used the False Claims Act (FCA), a Civil War era statute, to pursue executives and businesses in a variety of industries, including:

  • Medical device
  • Pharmaceutical
  • Health care
  • Defense
  • Construction
  • Telecommunications

The U.S. Congress expanded the reach of the FCA within the last five years to provide regulators and prosecutors with an even larger tool kit of weapons. These cases are aided, often times in a misguided and uninformed direction, by the government’s welcoming of and encouragement of claims by current and former disgruntled employees (i.e., whistleblowers). In certain circumstances, whistleblowers also turn in to private plaintiffs (i.e., Qui Tam claims).

Our team is adept at defending FCA investigations before they actualize into public complaints. We understand the tactics and requirements of such cases. We frequently work closely with prosecutors and regulators to ensure they have the most accurate understanding of the facts and law.

At times, however, we disagree with the government’s conclusions; in such cases, our trial lawyers are on hand to advocate and prevail in court. Because our team is not just regulatory in nature and includes skilled trial lawyers, we are very prepared for, and skilled at defending, Qui Tam lawsuits.