False Claims Act & Qui Tam Litigation

Morgan Lewis has one of the premier False Claims Act (FCA) and qui tam defense practices in the United States. Our lawyers have litigated such matters in numerous federal and state courts and defended against FCA investigations by both US Attorney and state Attorney General offices throughout the United States. We approach every matter with a sophisticated eye toward the multifaceted risks that may be implicated in order to thoughtfully, proactively, and efficiently guide our clients to optimal outcomes.

We have handled federal and state FCA matters in more than 40 jurisdictions. A hallmark of our practice is our ability to persuade government civil prosecutors not to intervene in such matters while, if necessary, aggressively litigating non-intervened cases pursued by private plaintiffs’ counsel on behalf of relators (whistleblowers). Our lawyers also have deep background in handling related administrative matters such as federal and state healthcare program exclusion proceedings, as well as suspension and debarment matters for government contractors.

Our representation of clients in FCA matters brings to bear our command of the issues at all stages of these matters, including handling internal investigations and subpoena and civil investigative demand responses; defending against investigations and persuading authorities to decline intervention and relator’s counsel to drop cases; negotiating settlements; aggressively litigating both intervened non-intervened cases; and leveraging our talented FCA appellate practitioners to maximize positive results for clients.

In addition, Morgan Lewis lawyers have a remarkable record of accomplishment in collateral matters that may arise from FCA investigations, including defending against parallel criminal investigations; administrative proceedings, including negotiating corporate integrity agreements; and potential follow-on litigation such as state consumer protection and third-party payor class action litigation.

Our team includes a number of fellows of the American College of Trial Lawyers as well as nationally recognized veteran FCA litigators who have been involved in precedent-setting work on the FCA’s scope, the role of relators, and theories on liability and damages. Additionally, our team includes lawyers who have served in important government roles, including former US attorneys, assistant US attorneys, federal prosecutors, and supervisors from numerous US state attorney offices; senior enforcement lawyers; supervisors from the US Department of Health and Human Services Office of Inspector General; state prosecutors; and other government agency leaders. Our lawyers, who are widely regarded thought leaders in the FCA space, speak and write frequently on FCA developments and issues related to enforcement and litigation, and serve as expert witnesses on FCA issues.

Our lawyers share in the authorship of Civil False Claims and Qui Tam Actions, the comprehensive, two-volume treatise published by Wolters Kluwer that is frequently cited by federal and state courts as an authority on the FCA, provides a full history of the federal law, an in-depth analysis of its liability provisions and the case law interpreting them, extensive perspectives on FCA practice and procedure, and a survey of state and local false claims laws.

We have represented clients doing business in an array of industries—pharmaceuticals, life sciences, medical devices, healthcare, defense, aerospace, technology, energy, education (academic medical centers and universities), import/export, insurance, financial services, and transportation and logistics, among others. As such, we are very familiar with FCA issues faced by particular business segments and how best to address those issues. Indeed, there are very few FCA issues that we have not already seen and dealt with. And when new ones do arise, we are often on the leading edge of developing arguments as to why the FCA should not apply.