We resolve a majority of FCA matters at an early stage of the proceeding, but, when litigation is necessary, we develop favorable and efficient strategies for our clients.
Morrison & Foerster’s U.S. False Claims Act (FCA) practice is composed of former federal prosecutors and seasoned defense lawyers from multiple offices and practices across the firm, including from our award-winning Government Contracts + Public Procurement and Investigations + White Collar Groups. Our team has substantial experience handling FCA investigations and litigation, whether initiated by the government or by whistleblowers.
Our group has a proven record of success in resolving FCA matters at an early stage of the proceeding by convincing the government to decline intervention in the underlying qui tam action or to forgo its investigation altogether. Our lawyers use their first-hand knowledge of how U.S. federal and state enforcement agencies make these decisions to avoid prosecution and to reduce fines and penalties. When litigation is necessary, we develop efficient and productive strategies, including obtaining dismissals under FRCP 9(b) and the FCA’s unique public disclosure and first-to-file bars and winning on summary judgment, at trial or on appeal.
We also advise clients on potential parallel issues, including criminal investigations, suspension and debarment proceedings, civil and criminal subpoenas, employment and retaliation claims, and the shareholder derivative suits that may be filed on the heels of an FCA settlement. We also work closely with clients in establishing or updating global compliance programs, while also assisting with due diligence in connection with mergers and acquisitions.
Our clients are in a wide array of industries, including:
In FCA matters arising in the healthcare and life sciences industries, we have negotiated nationwide FCA settlements with the National Association of Medicaid Fraud Control Units (NAMFCU) and successfully convinced the Office of Inspector General to the U.S. Department of Health and Human Services (HHS‑OIG) to forgo the imposition of onerous Corporate Integrity Agreements. Our team works closely with our FDA Regulatory Practice when advising clients in the life sciences industry, helping them navigate complex regulatory, compliance, healthcare system, and marketplace issues.