When it was first enacted in 1863, the original purpose of the False Claims Act was to prosecute war profiteers who were selling sick mules and broken muzzle-loaded rifles to the Union Army. In recent years, its use has expanded to reach a broader scope of market participants — including the upstream suppliers and manufacturers of products that ultimately get purchased with federal dollars. Because the government uses technology products and services, this naturally includes tech companies. Consequently, device manufacturers, software developers and technology service providers who do not think of themselves as traditional government contractors have found themselves facing the potential for liability under the False Claims Act. Please see our full article as published by Law360.
Stacey Sprenkel has extensive experience conducting corporate internal investigations both domestically and internationally, and she regularly assists clients with conducting global risk assessments, and with anti-corruption and other compliance policies and procedures. She conducts anti-corruption due diligence in connection with M&A and private equity transactions, and provides counseling on a broad range of compliance issues. More ›
Nicholas Napolitan is an associate in the firm’s Litigation Department. His practice focuses on litigation that involves the federal False Claims Act, as well as state false claims acts and health care fraud statutes, particularly actions brought by attorneys general. More ›
Ian Bausback is an associate in the Litigation Department of Morrison & Foerster’s San Francisco office. More ›