The U.S. courts of appeals disagree along two, perhaps three, lines over both the scope and validity of the doctrine of implied false certification under the False Claims Act. These divergences mean that motion practice and the potential for underlying liability differ depending upon where qui tam litigation is filed. The U.S. Supreme Court has before it a case that could potentially resolve the issue, and the court continues to deliberate as to whether to accept review. Click here to read the entire article.
Steven Kaufmann has more than 25 years of experience guiding his clients through their most difficult, high-stakes litigation. He has extensive commercial litigation, government enforcement, and trial experience, including False Claims Act investigations and litigation. In 2010, he was appointed by President Obama to serve as the chief of staff at the Millennium Challenge Corporation (MCC), an independent U.S. government development agency created to reduce poverty through long-term investments in impoverished countries. More ›
Marc Hearron is a partner in Morrison & Foerster's Appellate and Supreme Court Practice Group. He has extensive experience handling appeals in complex matters at every level, including in the Supreme Court of the United States, the federal courts of appeals, and several state appellate courts. He also has argued and won multiple cases in the Second, Ninth, and Federal Circuits. More ›
Aaron Rauh is an associate in the firm’s Litigation Group. Mr. Rauh focuses his practice on intellectual property disputes before the U.S. International Trade Commission (ITC). More ›