The False Claims Act (FCA) is a key government civil enforcement tool that has been employed to target a broad spectrum of alleged frauds against the public fisc. Its breadth is compounded by the authority granted to private citizens under the Act’s qui tam provisions to sue on behalf of the government and share in any recovery. And numerous states have parallel statutes. Qui tam litigation under the FCA thus presents complex procedural and substantive issues that affect many companies in a wide variety of industries regardless of whether they view themselves as traditional government contractors.
Our litigators have extensive experience defending all types of claims under the FCAs, whether asserted by the federal government or a state, or by private qui tam plaintiffs. We routinely represent FCA defendants from numerous regulated industries, including financial services, high-tech defense contractors, pharmaceutical companies, health-care providers, government suppliers and other entities doing business with the government or receiving government funding. Sidley’s synergistic relationship between its deep regulatory practices and its enforcement team has yielded a record of success in cases focused on these highly regulated industries.
Our experience covers all facets of activity under the FCA from parallel investigations, motions, trial, settlements and appeals. We have had significant success representing clients during the government-investigative phase of qui tam actions, before an intervention decision is made and during which, quite frequently, parallel civil and criminal investigations are proceeding. We also work with clients responding to FCA and related criminal investigations initiated solely by the government and not precipitated by qui tam actions. Regardless of the source of the government investigation, in many cases, we have succeeded in resolving the matter through declination or negotiated resolution on favorable terms. As part of these efforts, we regularly work with Department of Justice attorneys in Washington, D.C. and in U.S. Attorneys’ offices in districts around the country, as well as with federal investigative agents from numerous agencies.
Where matters cannot be resolved before litigation, we bring to bear our formidable litigation skills. In FCA matters, we have engaged in cutting-edge and complex motions practice, as well as affirmative and defensive discovery in the most complicated of areas. We have significant experience litigating FCA retaliation claims, and we have even litigated, through appeal, issues concerning statutory attorneys’ fees for whistleblowers’ counsel.
We bring our depth of experience together with our breadth of resources from a range of practice areas to comment on emerging issues within this rapidly expanding area of law on our industry-leading blog, “Original Source: The Sidley Austin False Claims Act Blog” at http://fcablog.sidley.com.