With Data and AI, Whistleblowers Set Off an FCA Tidal Wave, Law360
2026年06月24日Partner Douglas Baruch was quoted by Law360 in an article examining how AI is fueling a surge in False Claims Act (FCA) whistleblower litigation, as data miners use it to analyze public information and identify potential fraud claims.
The article explores the growing volume and complexity of qui tam complaints and the challenges they present for both the US Department of Justice and companies facing FCA investigations. Doug cautioned that even when the government declines to intervene, companies may still face significant litigation costs if well-funded relators continue pursuing data-driven claims.
“I am concerned that well-funded relators will tell the Justice Department, ‘Let the case go forward. We’ll take it from here,’” Doug said. “Allowing a relator to run with a case just based on data is enormously expensive for companies to respond to. The litigation costs can be prohibitively expensive for some companies.”