False claims/qui tam actions brought by whistleblowers have increased exponentially since the 1986 amendments to the False Claims Act.
To the benefit of clients seeking representation in this area of the law, our qui tam/false claims act litigation team has extensive experience in related qui tam litigation and has experienced lawyers.
We handle whistleblower actions from the internal investigation and discovery process through negotiating the settlement agreement with the US Department of Justice and corporate integrity agreement (CIA) or corporate compliance agreement (CCA) with the OIG. We counsel our clients with CIAs or CCAs on annual reporting and internal and external review obligations.
We have represented companies in a variety of industries, including health care, energy, defense, housing, banking and other industries that regularly conduct business with the federal government.
Our areas of qui tam/False Claims Act work include
- “direct” False Claims Act cases in which goods and services have been sold to the government
- “reverse” False Claims Act cases where payments are made to the government
- “retaliation” claims of wrongful discharge and discrimination brought by whistleblowers under the False Claims Act
Our recent qui tam/False Claims Act work
- Represented and defended an academic medical center against claims by the DOJ and the state AG’s Office on a qui tam action under the False Claims Act in which it was alleged that the university had submitted false claims to Medicare and the state Medicaid. We convinced the government to allow us to conduct an internal investigation into the allegations, which we completed within three months. We were able to demonstrate to the government that any billing errors were limited in scope, which allowed us to settle the matter promptly and without the university having to enter into a corporate integrity agreement with the OIG.
- Settled a qui tam action under the federal and North Carolina False Claims Act challenging the use of certain billing codes and modifiers by our client, a large hospital system. The government agreed to allow system to conduct an expedited audit and targeted email review, which formed the basis for settlement discussions.
- Represented a medical device manufacturer in a qui tam matter under the False Claims Act in which two former employees of the company allege that the company submitted false claims to federal healthcare programs for various medical devices. The allegations concern both improper coding of claims and the payment of kickbacks to physicians and other referral sources. The government declined to intervene in this case, and discovery is still ongoing.
- Represented a pharmaceutical manufacturer in connection with federal and state investigations, litigation and qui tam False Claims Act actions involving Average Wholesale Price, Medicaid Rebate arising out of pricing, and sales and marketing practices.
- Conducted an internal investigation and defended a multinational medical device manufacturer in a qui tam False Claims Act action arising out of sales and marketing practices.