Douglas W. Baruch

He represents clients in the full spectrum of industries that are targeted for civil fraud enforcement by federal, state, and private parties (qui tam relators), including government contractors, aerospace and defense businesses, financial institutions, healthcare entities, and federal grant recipients. Doug also has an extensive commercial litigation practice. In addition, he has handled numerous international arbitration matters, acting as counsel to domestic and foreign corporations in a variety of International Chamber of Commerce and ad hoc arbitrations.

Doug writes and lectures extensively on various aspects of the FCA and FIRREA. He is co-author of Civil False Claims and Qui Tam Actions (Wolters Kluwer, 5th Ed.), the comprehensive, two-volume treatise that frequently is cited by federal and state courts as an authority on the False Claim Act.  The treatise provides an extensive history of the federal law, an in-depth analysis of its liability, qui tam, and damages provisions and the case law interpreting them, extensive perspectives on FCA practice and procedure, and a survey of state and local false claims laws. Doug also writes a chapter in the Settlement Agreements in Commercial Disputes treatise entitled, “Settlement Considerations Under the Federal Civil False Claims Act” (Wolters Kluwer Law & Business).

Before joining Morgan Lewis, Doug led the FCA and FIRREA practice at another global law firm.

• A a major domestic military aircraft manufacturer in government investigations and False Claims Act litigation arising out of allegations that the manufacturer and a key supplier had knowingly installed non-conforming flight-critical structural components on fleet of trainer aircraft sold to the Air Force and Navy.
• A domestic supplier of gear systems in federal district court and appellate court False Claims Act litigation arising out of allegations that the company falsely certified compliance with manufacturing standards on aircraft parts.
• A contractor U.S. Department of Agriculture in connection with internal investigation and voluntary disclosure to USDA arising out of vendor accounting charges.
• Represented academic medical center in a series of federal agency investigations and related litigation alleging improper use of federal grant funds.
• A major government contractor providing support services in Iraq and Afghanistan in multiple government investigations and False Claims Act litigations alleging fraudulent non-compliance with government regulations in connection with Department of Defense and State Department service contracts.
• A State Department contractor in False Claims Act litigation arising out of alleged mischarging activity in connection with contract to provide aerial support services for operations in South America.
• A large financial institution and Department of Housing and Urban Development contractor in False Claims Act litigation arising out of allegations that the bank and its chief quality officer falsely certified to the Department of Housing and Urban Development that thousands of federally insured home mortgages (that later defaulted) met eligibility requirements.
• A major domestic property and casualty insurance company and Federal Emergency Management Agency flood insurance program contractor in False Claims Act litigation arising out of allegations that the insurer had improperly shifted homeowner property losses to the federal program.