Area of focus

False Claims Act

Investigations and litigation under federal and state False Claims Acts (FCA) can be among the most complex disputes to confront companies and individuals in heavily regulated industries. Penalties and damages in FCA cases can and do pose an existential threat to most defendants. 

Successfully navigating the rough waters of these multifaceted matters requires not only the experience of seasoned FCA litigators, but the insights of regulatory lawyers who can put those allegations in context because they...

Representative experience

Won dismissal of qui tam complaint brought against a major pharmaceutical company surrounding “off-label” uses not approved by the Food and Drug Administration (FDA).

Won dismissal of qui tam complaint against a national health insurer and its subsidiary alleging kickbacks to providers for referrals of dual-eligible Medicare and Medicaid beneficiaries for plan enrollment.

Won dismissal of a qui tam complaint filed against a national finance corporation, alleging company fraudulently obtained over US$4.6bn in loans from the Federal Financing Bank and Farmer Mac.

Settled qui tam claim against major pharmaceutical companies alleging engagement in a scheme to misidentify certain “innovator” drugs as “non-innovator” to reduce Medicaid rebates owed the states.

Successful settlement of FCA claim around research and development of solar technology under contracts with the National Renewal Energy Laboratory, the Department of Energy, and the Department of Defense (DOD).

Won dismissal of qui tam complaint brought by an internal whistleblower against a state university alleging false and inflated payments of employee fringe benefit costs.

Successful defense of leading research institutions in an FCA investigation involving multiple federal agencies and over US$1bn of federal funding.

Won dismissal of qui tam complaint brought against a state student loan authority relating to student loan subsidies. Dismissal affirmed by the United States Court of Appeals for the Fourth Circuit.

Quashed civil investigative demand served by state attorney general on state university seeking academic records for claimed investigation under state FCA statute. Sustained on appeal to state supreme court.

Successful settlement of an FCA claim involving DOD contracts for research and development of aircraft surveillance technologies.

Won summary judgment for a major laboratory company in qui tam complaint alleging improper billing and marketing practices, as well as claimed violations of the federal Anti-Kickback Statute and the Stark Law.

Won dismissal of qui tam complaint alleging that a large academic medical center’s methodology for compensating employed neurosurgeons violated the Stark Law.

Won summary judgment for university in qui tam complaint accusing its anesthesiologists of billing for services they didn't provide.

Represented large health benefits company in responding to a government investigation precipitated by a qui tam complaint, culminating in the government’s decision not to intervene and in relator’s dismissal.

Representing clients, from hospitals to clinical laboratories, in self-disclosures submitted to the OIG (under the SDP) and CMS (under the SRDP).

Won nine motions for summary judgment defeating allegations in declined qui tam that a pharmaceutical manufacturer engaged in off-label promotion and Anti-Kickback Statute violations to generate drug sales.

Negotiated settlement for consumer products company around FCA violations based on alleged failure to pay Tariff Act duties.

Defended medical device company in an FCA qui tam case, in which a manager sought damages for alleged kickbacks to physicians.

Published Works

INSIGHT: Defendants May Seek to Use Discovery to Soften Impact of SCOTUS Decision Bloomberg Law

Defendants in False Claims Act cases may be able to limit the impact of a recent Supreme Court decision, Hogan Lovells attorneys say. The court clarified application of the law’s...

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Hogan Lovells Publications

With Cochise Decision, Supreme Court Expands Limitations Period in Declined Qui Tam Cases Client Alert

The Supreme Court handed down its decision today in Cochise Consultancy, Inc. v. United States ex rel. Hunt, a closely-watched case about the False Claims Act’s (FCA) statute of...

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Hogan Lovells Publications

DOJ issues new guidance regarding cooperation in False Claims Act investigations

Continuing its recent trend of revising and issuing new white collar enforcement guidance, the U.S. Department of Justice (DOJ) on Tuesday announced a new policy[1] governing when...

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Hogan Lovells Publications

Podcast series: False Claims Act 2018 and the road ahead Podcast

The pace of False Claims Act (FCA) litigation remained furious over the past year. Companies (and individuals) in all sectors of the economy continue to face the ever-present threat of FCA...

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Hogan Lovells Publications

ADG Insights: Roadmap for False Claims Act enforcement in 2019 ADG Insights

Through ADG Insights, we share with you the top legal and political issues affecting the Aerospace, Defense, and Government Services (ADG) industry. Our ADG industry team monitors the...

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Press Releases

Hogan Lovells publishes False Claims Act: 2018 and the road ahead

Washington, D.C., 22 January 2019 – Today, international law firm Hogan Lovells published False Claims Act: 2018 and the road ahead. The third annual report, authored by the...

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