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False Claims Act and Qui Tam

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Litigation

Post-Grant

Prosecution & Counseling

Fish & Richardson’s False Claims Act/Qui Tam Practice Group is experienced in all aspects of qui tam proceedings under the False Claims Act.

Relevant Statutes
Federal and state prosecutors, regulators, auditors and investigators are closely scrutinizing companies that receive federal and state dollars for goods and services, particularly in the area of health care reimbursement under Medicare, Medicaid and other federal health care programs. The False Claims Act, Patient Protection and Affordable Care Act, Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) and various state laws provide disgruntled employees with significant financial incentives not to report alleged fraud, abuse, and corporate misconduct through internal channels, but to seek out whistleblower/qui tam attorneys in the hope of obtaining large cash settlements through false claims and other whistleblower lawsuits.

Resources
Fish & Richardson’s False Claims/Qui Tam team includes an essential mix of litigators who have handled business and IP disputes, Federal Circuit appeals, Regulatory matters, White Collar cases and scores of internal investigations. Many of our attorneys have prior governmental experience as federal prosecutors, law enforcement officials and senior-level officials within the U.S. Department of Justice. Others have also worked as in-house counsel and compliance officers in highly regulated industries, including the pharmaceutical industry. Our trial skills are enriched by our broad and deep technical expertise, which sets us apart from general practice firms.

Approach
Given on our deep experience, our highly skilled team is well-suited to handle all aspects of whistleblower litigation. These efforts begin with pre-litigation work aimed at influencing the Government’s decision not to intervene in a qui tam suit through the development of a truthful, accurate and positive portrayal of our client, which is designed to counter the often unbalanced and negative whistleblower “narrative.” Where necessary, our team is prepared to litigate aggressively against the whistleblower through motion practice, discovery and trial work, while always maintaining a disciplined cost-effective approach.

Our practice also includes a strong emphasis in counseling our clients in the development and implementation of robust governance, risk and compliance programs critical to minimizing exposure to False Claims Act and other whistleblower litigation, or where necessary to comply with a corporate integrity agreement. Fish & Richardson attorneys have deep experience in developing risk management and compliance programs and, at our clients’ request, will evaluate and audit their governance, risk management and compliance programs to determine if their policies, procedures, training, internal controls and/or processes should be enhanced.

While it is important to provide superb legal counsel and service, we understand the need to maintain an appropriate sense of balance, proportion and efficiency. Our practice in this regard reflects our understanding of the “real” business world in which our clients operate, including their resource and budget constraints. Thus, whether we are counseling on ways to improve a compliance or internal audit program, conducting an internal investigation stemming from an audit finding, or defending a government investigation or qui tam lawsuit, we operate with these core principles imbedded in our practice.


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