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Seventh Circuit holds that treble damages under the False Claims Act are based on net loss (not gross loss as argued by gov't)

Kelley Drye & Warren LLP
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USA
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March 25 2013

Last Thursday, the Seventh Circuit addressed the issue of whether a net trebling or gross trebling approach should be used in calculating damages in

D. Mass. dismisses FCA claims against drug manufacturer and distributor

Kelley Drye & Warren LLP
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USA
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March 8 2012

A recent case in the District of Massachusetts provides a good illustration of the application of the False Claims Act’s public disclosure and first-to-file bars in health care fraud cases

Which public disclosure bar applies?

Kelley Drye & Warren LLP
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USA
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February 2 2012

A recent case from the District of Massachusetts raises an interesting question under the False Claims Act’s public disclosure bar

Federal False Claims Act recoveries cross the $30 billion mark

Kelley Drye & Warren LLP
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USA
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January 9 2012

According to new statistics released by the Department of Justice, the U.S. government recovered $30.3 billion pursuant to the federal False Claims Act between 1987 and 2011

HEAT releases provider compliance training video on the False Claims Act

Kelley Drye & Warren LLP
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USA
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January 4 2012

The Health Care Fraud Prevention & Enforcement Action Team (known as "HEAT") has produced a series of 11 short training videos covering high priority compliance topics

More federal qui tam cases filed in 2011 than ever before

Kelley Drye & Warren LLP
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USA
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December 19 2011

According to a press release issued today by the Department of Justice, 638 new whisteblower complaints under the qui tam provisions of the federal False Claims Act were filed under seal in fiscal year 2011, representing a peak in such filings over prior years

A CLE about the Lauren Stevens case

Kelley Drye & Warren LLP
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USA
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September 26 2011

If you are looking for an informative discussion about the Lauren Stevens case, I recommend ordering a copy of the ABA’s teleconference "After United States v. Lauren Stevens - The Potential for Criminal liability during Government investigations - What an in-house counsel needs to know," which was held earlier today

False Claims Act developments

Kelley Drye & Warren LLP
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USA
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September 22 2011

To learn more about recent developments in False Claims Act litigation and the measures companies may take to reduce FCA exposure, please see the two publications below:

Falsity and the FCA: the First Circuit's Blackstone and Amgen decisions (Part IV)

Kelley Drye & Warren LLP
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USA
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August 4 2011

This post explores the potential consequences of the First Circuit’s new falsity test for claims arising under the False Claims Act as set forth in United States ex rel. Hutcheson et al. v. Blackstone Medical, Inc., 2011 WL 2150191 (1st Cir. June 1, 2011) and New York ex rel. Westmoreland et al. v. Amgen, Inc. et al., 2011 WL 2937420 (1st Cir. July 22, 2011) and suggests measures companies may want to consider to minimize FCA exposure

Falsity and the FCA: the First Circuit's blackstone and Amgen decisions (Part III)

Kelley Drye & Warren LLP
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USA
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August 2 2011

In New York ex rel. Westmoreland et al. v. Amgen, Inc. et al., 2011 WL 2937420 (1st Cir. July 22, 2011), the relator filed a qui tam action against pharmaceutical manufacturer Amgen and two other corporate defendants

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