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Seventh Circuit reins in Justice Department’s overreaching False Claims Act damages theory

Fried Frank Harris Shriver & Jacobson LLP
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USA
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March 25 2013

For several years, the Justice Department has been advocating for and employing a harsh and aggressive False Claims Act ("FCA") damages methodology

Fourth Circuit applies the Wartime Suspension of Limitations Act to the Civil False Claims Act

Fried Frank Harris Shriver & Jacobson LLP
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USA
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March 21 2013

The False Claims Act's ("FCA") six-year statute of limitations took a body blow on March 18, 2013 when a split panel of the Fourth Circuit Court of

Eighth Circuit rejects Justice Department efforts to avoid paying relators’ share on settlement “unrelated” to relators’ qui tam claims

Fried Frank Harris Shriver & Jacobson LLP
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USA
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March 8 2013

The Justice Department ("DOJ") received an unpleasant surprise last week. After releasing Hewlett-Packard Company ("HP") from a range of False Claims

Justice Department brandishes rarely used weaponFIRREAin full-scale assault on S&P, and California joins the battle with separate state False Claims Act complaint

Fried Frank Harris Shriver & Jacobson LLP
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USA
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February 11 2013

The Justice Department's February 4, 2013 lawsuit against credit rating agency Standard & Poor's Ratings Services ("S&P"), a subsidiary of

Civil False Claims Act: district court says government cannot use civil investigative demands to cure its own pleading deficiencies

Fried Frank Harris Shriver & Jacobson LLP
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USA
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December 10 2012

United States District Judge Richard Bennett, a former U.S. Attorney, rejected attempts by his former Justice Department colleagues to use a Civil Investigative Demand (“CID”) to attempt to gather the information necessary to overcome a Rule 9(b) dismissal of the government’s False Claims Act (“FCA”) complaint

Civil False Claims Act: Sixth Circuit reverses $82 million FCA judgment that would have punished a company “solely for seeking to maximize profits” under federal regulations

Fried Frank Harris Shriver & Jacobson LLP
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USA
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October 11 2012

In a decision last week, the Sixth Circuit announced a much-needed common sense approach to the application of the civil False Claims Act (“FCA”) in a complex regulatory environment

False Claims Act: district court rules that Wartime Suspension of Limitations Act suspends False Claims Act’s six-year statute of limitations

Fried Frank Harris Shriver & Jacobson LLP
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USA
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August 16 2012

What if you woke up today and found out that everything you previously understood about the False Claims Act’s (“FCA”) statute of limitations had been a dream?

Corruption risks for defense contractors in the new market environment

Fried Frank Harris Shriver & Jacobson LLP
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USA
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February 27 2012

In these times of budget austerity and acute market competition, corruption risks have received new attention, particularly at defense contractors

Civil False Claims Act: court applies contra proferentem doctrine against the government in an FCA case based on an ambiguous contract provision

Fried Frank Harris Shriver & Jacobson LLP
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USA
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February 8 2012

In order to resolve the falsity element in many False Claims Act (FCA) cases, courts often must grapple with the meaning of the contractual or regulatory term alleged to have been violated

Civil False Claims Act: Supreme Court holds that government FOIA responses are “public disclosures” and that “opportunistic” FCA suits based on information obtained via FOIA cannot proceed

Fried Frank Harris Shriver & Jacobson LLP
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USA
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May 16 2011

Today, the Supreme Court held that a government agency's response to requests for information under FOIA is a "report" within the meaning of the False Claims Act's "public disclosure" bar

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