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Douglas W. Baruch

パートナー

douglas.baruch@morganlewis.com

Washington, DC 電話 +1.202.739.5219 Fax +1.202.739.3001

1111 Pennsylvania Ave. NW//Washington, DC 20004-2541//United States

New York 電話 +1.212.309.6695 Fax +1.212.309.6001

101 Park Ave.//New York, NY 10178-0060//United States

Douglas W. Baruch is a litigation partner resident in the Washington, DC and New York offices. Doug represents corporations and individuals in a variety of complex civil and criminal litigation and enforcement matters, ranging from investigations and subpoena compliance to federal and state court litigation and appeals, with an emphasis on cases arising under the False Claims Act (FCA) and Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA).

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.

Selected Representations

  • 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.

受賞・所属

Top Legal Talent, Washingtonian (2017, 2018)

Capital Pro Bono High Honor Roll, DC Access to Justice Commission and DC Bar Pro Bono Center (2018)

Team leader, Jack Wasserman Memorial Award for Excellence in Litigation, American Immigration Lawyers Association (2018)

Recommended, Dispute Resolution: International Arbitration and Government: Government Contracts, The Legal 500 US (2019)

Member, Aerospace and Defense Editorial Advisory Board, Law360

Member, Board of Directors, Washington Lawyers' Committee for Civil Rights and Urban Affairs

Member, Board of Directors, Lawyers' Committee for Civil Rights Under Law

弁護士登録

  • District of Columbia
  • Maryland
  • New York
  • 米国連邦最高裁判所
  • US Court of Appeals for the District of Columbia
  • US Court of Appeals for the Federal Circuit
  • US Court of Appeals for the Fourth Circuit
  • US Court of Appeals for the Sixth Circuit
  • US Court of Appeals for the Ninth Circuit
  • US District Court for the District of Columbia
  • US District Court for the Southern District of New York
  • US District Court for the District of Maryland

学歴

  • 1987年 ジョージタウン大学ロースクール (J.D.)
  • 1984年 ジョンホプキンス大学 (B.A.)

セクター

  • ヘルスケア
  • 金融サービス

取扱分野

  • 訴訟、法規制、及び調査
  • White Collar Litigation & Government Investigations
  • False Claims Act & Qui Tam Litigation
  • Commercial Litigation
  • Government Contracts
  • ヘルスケア関連訴訟、及び規制に関するカウンセリング
  • 国際仲裁
  • Appellate
  • 海外腐敗行為防止法及びグローバル腐敗防止

地域

  • 北米
  • ヨーロッパ

イベント

6/7/2022 - ABA’s Civil False Claims and Qui Tam Enforcement Institute 2022
11/11/2021 - Preparing for the New DOJ Civil Cyber Fraud Initiative and Enforcement Actions and the False Claims Act Matters That Will Follow
12/1/2020 - ABA's Virtual Civil False Claims Act and Qui Tam Enforcement Institute
2/27/2020 - Federal Bar Association 2020 Qui Tam Conference
2/25/2020 - Trade Compliance and the Prospect of False Claims Act (FCA) Liability
2/12/2020 - Government Contracting Seminar
1/27/2020 - ACI's 7th Annual Forum on False Claims & Qui Tam Enforcement
12/12/2019 - Understanding and Preparing for the new DOJ Procurement Collusion Strike Force
4/25/2018 - New Directions of FCA Enforcement? Reading DOJ's Tea Leaves on Intervention, Dismissal, and Agency Guidance

ニュース

4/30/2021 - Morgan Lewis Lawyers, Professional Staff Named to Law360 2021 Editorial Advisory Boards
11/19/2020 - DOJ Scrutiny of Whistleblower Suits Under Biden Unlikely to Stop, Bloomberg Law
9/4/2020 - The Latest Round of Litigator of the Week Runners Up, The Am Law Litigation Daily
8/24/2020 - 7th Circ. FCA Dismissal Ruling May Have Unintended Effects, Law360
8/21/2020 - DOD Can't Renege in Service Member Expedited Citizenship, Law360
7/6/2020 - A Conversation with Civil False Claims and Qui Tam Actions Author Douglas Baruch
7/6/2020 - Morgan Lewis Publishes False Claims and Qui Tam Actions Treatise
6/8/2020 - Morgan Lewis Lawyers, Professional Staff Named to Law360 2020 Editorial Advisory Boards
2/17/2020 - “Qui Tam 2020” Panel Preview: AseraCare and the Future of Medical Necessity Cases under the False Claims Act
10/11/2019 - The Lawyer Names Morgan Lewis Among Top 10 Global Litigation Firms
8/21/2019 - DOJ Seems Gun-Shy with New FCA Penalty Firepower, Law360
7/22/2019 - Morgan Lewis Adds Two White Collar Litigators with Focus on False Claims Act Matters

著書・論文

12/8/2021 - Are You Prepared for DOJ’s Civil Cyber-Fraud Initiative?
9/8/2020 - DOJ Civil Division Announces New Guidance on Inability-to-Pay Claims
8/20/2020 - Seventh Circuit Creates Third Standard in FCA Dismissal Authority Circuit Split
8/7/2020 - Ninth Circuit’s Refusal to Consider Government Appeal of FCA Dismissal Authority Portends Trouble
8/5/2020 - Senator Grassley Drafting Legislation to Potentially Limit DOJ Dismissal Power in FCA Cases
7/7/2020 - Two-Volume Treatise on False Claims and Qui Tam Actions Now Available
July 2020 - Civil False Claims and Qui Tam Actions, Fifth Edition
1/23/2020 - Implications of FCA Extension to Conduct Involving Federal Reserve Bank Loans
1/16/2020 - FIRREA Remains Potent Civil Fraud Enforcement Tool, Law360
1/8/2020 - Recent Cases Confirm That FIRREA Remains Potent Civil Fraud Enforcement Tool for DOJ
1/6/2020 - Get Ready for New Waves of FCA Activity in 2020, The AmLaw Litigation Daily
11/11/2019 - DOJ Launches Procurement Collusion Strike Force on Antitrust Crimes
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