False Claims Act & Qui Tam
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False Claims Act (FCA) investigations and litigation can be among the most consequential matters faced by companies and their boards. Paul, Weiss has successfully represented a wide range of clients in FCA and other matters involving allegations of government fraud. Our team offers an unparalleled combination of litigation expertise and senior government experience.
Supreme Court Holds That False Claims Act’s Scienter Element Refers to Defendant’s Subjective Knowledge
- Walter Brown
- John P. Carlin
- Roberto Finzi
- Roberto J. Gonzalez
- Andrew G. Gordon
- Melinda Haag
- Claudia Hammerman
- Joshua Hill Jr.
- Michele Hirshman
- Gregory F. Laufer
- Randy Luskey
- Loretta E. Lynch
- Jessica E. Phillips
- Elizabeth M. Sacksteder
- Kannon K. Shanmugam
- Daniel J. Toal
- Theodore V. Wells, Jr.
- Brian M. Lipshutz
- Jing Yan
- Supreme Court & Appellate Litigation
- False Claims Act & Qui Tam
In United States ex rel. Schutte v. SuperValu and United States ex rel. Proctor v. Safeway, the Supreme Court held that the False Claims Act’s scienter element “refers to [defendants’] knowledge and subjective beliefs—not to what an objectively reasonable person may have known or believed.”
Randy Luskey Publishes Article on Pharma Speaker Programs Amid Increased FCA Scrutiny in Corporate Compliance Insights
Litigation partner Randy Luskey wrote an article in Corporate Compliance Insights on what pharmaceutical companies can do to minimize False Claims Act litigation risks around their speaker programs, which are used to educate health care professionals about pharmaceutical products.
Paul, Weiss, alongside co-counsel at Holton Law, won a major victory on behalf of Carolina Liquid Chemistries Corporation (CLC), securing summary judgment in a high-value, long-running False Claims Act case in the Northern District of California in which the relators sought treble damages.
Awards & Recognition
Litigation partner Randy Luskey was recognized as a 2022 “Top Health Care Lawyer” by the Daily Journal, which annually highlights the California-based attorneys leading in the most noteworthy health care matters ranging from litigation to transactions, mergers and acquisitions, and counseling.
Paul, Weiss achieved a significant victory for Citibank, N.A., securing the dismissal of a qui tam action brought in Florida state court under the Florida False Claims Act (FFCA).
The DOJ recently announced a settlement in an FCA case involving a medical testing company that included a parallel settlement with the company’s minority owner, a private equity firm. The settlement joins a growing number of similar FCA cases taking aim at private equity firms based on their involvement with or ownership of portfolio companies.
Awards & Recognition
Litigation partner Randy Luskey was recognized by The American Lawyer’s “Litigation Daily” column on December 23 for his victory in a long-running FCA lawsuit.
Randy Luskey and Michael Milea Discuss Uncertainty About the Scope of the Eliminating Kickbacks Recovery Act in the Daily Journal
Litigation partner Randy Luskey and associate Michael Milea discuss how the first criminal conviction under the EKRA has created uncertainty.
Litigation partner Jeannie Rhee will cross-examine a witness as part of the ABA’s 2022 FCA Mock Trial Institute.
The DOJ recently announced its first civil settlement with a borrower for allegedly committing fraud in obtaining a Paycheck Protection Program (PPP) loan, in violation of the False Claims Act and the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA).
The CARES Act and other COVID-19 relief measures have brought new focus on the False Claims Act, a potent tool used by the government and private whistleblowers for pursuing government fraud claims. This memo provides a primer on the key aspects of FCA civil and criminal liability, identifies the primary areas of risk under the CARES Act and discusses strategies for mitigating FCA exposure.
Paul, Weiss secured a victory for Citigroup Inc. and Citigroup Global Markets Inc. when New Jersey False Claims Act claims against them were dismissed without prejudice.