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We bring our depth of experience and breadth of resources from the firm’s myriad legal disciplines to analyze emerging issues within this dynamic area of law on our industry-leading blog, Original Source: The Sidley Austin False Claims Act Blog. We also have significant experience litigating ancillary matters related to core FCA claims, including retaliation claims, securities and product liability litigation, and suspension, debarment and exclusion proceedings. We also have extensive experience litigating FCA matters brought by State and local authorities, which is increasingly important as state and municipal FCAs proliferate and there is increased coordination between the DOJ and State AGs, and a growing alliance between State AGs and plaintiffs’ contingency fee lawyers. We also have the expertise necessary to successfully try FCA cases. Thereafter, we have prevailed on numerous occasions at the summary judgment stage. Where matters are not dismissed at the outset, we are well equipped to engage in affirmative and defensive discovery in the most complicated of regulatory areas. In FCA matters, we engage in cutting-edge and complex motions practice, regarding issues such as public disclosure, original source, and 9(b), with many cases successfully dismissed at the pleading stage. Where matters cannot be resolved through settlement, we bring to bear our formidable litigation skills.

Understanding of all aspects of FCA-related litigation.

Our lawyers also advise on issues related to those resolutions such as tax treatment, negotiation of CIAs, compliance program implementation and monitoring, and employment issues. To that end, we have a vast amount of experience with damages modeling to reduce the amount of such resolution, as much as possible, based on principled arguments grounded in both the facts and the case law.

In those cases where the government has decided to intervene and the client has determined that settlement is the best option, we employ numerous strategies to resolve those cases on terms favorable to our clients.

We understand what factors play into the government’s decision whether to intervene, and have succeeded in convincing the government not to intervene in FCA cases on many occasions.

We assist during government investigations of qui tam matters, before an intervention decision is made, and during which, quite frequently, parallel civil and criminal investigations are proceeding. We also have considerable experience assisting companies in their interactions with whistleblowers and potential whistleblowers. We have extensive experience handling sensitive internal investigations regarding compliance issues and advising regarding self-reporting, including providing advice on related employment issues. On the front end, we help companies with compliance and risk management issues, including developing robust ethics and compliance programs designed to minimize FCA risk. Our lawyers advise clients throughout the lifecycle of potential FCA claims. A full-service, lifecycle FCA practice.Our lawyers have been consistently recognized for their FCA work by leading legal directories and publications, including Chambers USA, LMG Life Sciences, The Legal 500 US and Benchmark Litigation. We have FCA practitioners in offices throughout the United States who partner with our subject matter, regulatory, and industry experts to establish formidable teams. We provide solutions across all key areas of law, including white collar, healthcare, life sciences, FDA, government contracts, banking and financial services, labor and employment, tax, international trade, and appellate. Our clients entrust us with their most complex FCA matters, relying on our multidisciplinary approach. A multidisciplinary approach with a deep national regulatory and investigatory bench.

We bring value to our clients in the following ways: