Topic Archives: False Claims Act

FCA
March 15, 2018False Claims Act

FCA Materiality May Return to High Court

Although the Supreme Court ruled on False Claims Act (FCA) materiality requirements in Universal Health Services v. United States ex rel. Escobar, materiality issues continue to be litigated. In their Law360 analysis, Alex Ward, Daniel Chudd, Sandeep Nandivada, and Victoria Dalcourt discuss recent U.S. Courts of Appeal decisions that have added additional nuances to the ...›

FCA
January 29, 2018False Claims Act

DOJ Takes On Meritless Qui Tam Actions

A recently leaked internal memorandum (“Memorandum”) suggests the end is near for the Department of Justice (DOJ) practice of sitting idly by while relators use meritless qui tam actions to shake down companies unwilling to risk their reputations to fight False Claims Act (FCA) allegations.  While the FCA has long explicitly authorized DOJ to seek ...›

FCA
January 16, 2018False Claims Act

MoFo Partner Brad Wine Quoted in Bloomberg Federal Contracts Report on FCA Trends

Brad Wine, co-chair of Morrison & Foerster’s Government Contracts practice, was quoted in the Bloomberg Government Federal Contracts Report article, “Trump’s Justice Department Kept Pace on False Claims in 2017.” The article discusses False Claims Act (FCA) activity overall under the Trump administration. Brad offered his prediction for future actions, saying ‘‘We continue to anticipate ...›

Missed MoForward 2018? Read Our Recap!

On Thursday, October 26th, Morrison Foerster’s Government Contracts Group held its inaugural MoForward Event at the Tysons Corner Ritz Carlton. The event was a rousing success, reflecting the unique interaction between our deep government contracts bench and our colleagues who have led the government’s and industry’s most significant enforcement and response teams. The full day ...›

FY 2018 Forecasts: Winds Shifting on Data Security, Industry Consolidation, and DOJ Enforcement Efforts

In the second of our series about what to watch for in government contracts in fiscal year 2018, we focus on Cybersecurity, Cloud-Based Services, Employment Regulations, M&A, FCA enforcement, and Block Chain. For a more in-depth discussion of current trends, please join us for our inaugural MoForward event on October 26, 2017 at the Tysons Corner ...›

FCA

FY 2018 Forecasts: Cloudy Skies for False Claims and Storms on the Protest Horizon?

This is the first in a short series of forecasts from our Government Contracts partners on things to watch for in government contracts in Fiscal Year 2018.  For more in-depth discussions of current events and trends, please join us for our inaugural MoForward Event on October 26th at the Tysons Corner Ritz Carlton.  Click here ...›

MOFO Event: MoForward 2018

Please join Morrison & Foerster’s Government Contracts Group for our inaugural MOFOrward event on Thursday, October 26, 2017 at the Tysons Corner Ritz Carlton – a collaboration between our deep government contracts bench and our colleagues who have led the government’s and industry’s most significant enforcement and response teams. This full-day program will offer practical, ...›

FCA
May 25, 2017False Claims Act

Protecting Privilege In FCA Cases From Start To Finish

The False Claims Act has been a hot area of litigation for years, and current statistics signal that this trend will not end any time soon. With lucrative rewards for whistleblowers and the possibility of treble damages and steep penalties, companies cannot risk failing to thoroughly investigate False Claims Act allegations. In doing so, however, ...›

False Claims Act
May 1, 2017False Claims Act

Gov’t Nonintervention In Agape And Future FCA Cases

If, as the saying goes, power corrupts and absolute power corrupts absolutely, what then to make of the government’s absolute veto power over False Claims Act settlements? In United States ex rel. Michaels v. Agape Senior Community Inc., the Fourth Circuit recently confirmed that even when the government declines to intervene in a False Claims ...›

False Claims Act
March 22, 2017False Claims Act

The Latest on Statistical Sampling In FCA Cases

After waiting over a year to hear what the Fourth Circuit would say about statistical sampling in False Claims Act cases, the court of appeals recently chose to keep us in suspense. Despite initially granting the relators’ petition to appeal the district court’s ruling that statistical sampling was not an appropriate means of demonstrating liability, ...›