Tirzah S. Lollar | People | Arnold & Porter

Tirzah Lollar is co-chair of the firm's False Claims Act practice, where she concentrates on white collar defense, internal and government investigations, as well as trial work. Tirzah represents her clients in internal and government investigations and, if necessary, vigorously defends them at trial. She has handled every stage of investigation and litigation under the False Claims Act (FCA) and other related proceedings. Her work also includes complicated issues involving government contracts and procurement fraud, cybersecurity, the Foreign Corrupt Practices Act (FCPA), and similar global anti-corruption legislation, tax fraud, and antitrust offenses.

Tirzah has a strong track record defending cases investigated and prosecuted by the government. She also provides compliance counseling, helping clients assess and address anti-corruption and other risks by leading internal compliance investigations and regulatory due diligence related to acquisitions and business relationships, as well as conducting risk assessments and implementing compliance programs.

Focus Areas

Experience

Pharmaceutical companies on FCPA compliance matters involving operations in high risk geographical regions and the use of distributors and other third parties.
Ten senior officers and employees of a commercial real estate development company in large scale FCPA investigation by the DOJ and SEC regarding permitting and licensing in a Latin American country.
Telecommunications company in conducting an internal investigation regarding potential FCPA violations in connection with the company's operations in a South American country that resulted in voluntary disclosure and no action taken against company.
U.S. pipeline company in conducting an FCPA review of a proposed relationships with third parties in connection with a more than $3 billion project in a Latin American country.
Global manufacturer and service provider for the drilling industry in conducting internal investigation for a regarding potential FCPA compliance violations in a North African country.

International oil company in conducting internal investigation regarding potential FCPA compliance violations in connection with company's operations with a national oil company in a Middle Eastern country.
Senior employees of a global car manufacturer in multi-national FCPA investigation by DOJ and SEC regarding the company's sales practices.
Large international drilling contractor in conducting FCPA reviews of third-party representatives throughout the world.
US company during pre-sale anti-corruption due diligence conducted by a prospective buyer and its auditors to facilitate the purchase of the U.S. company.
Individual before the Office of Institutional Integrity of the Inter-American Development Bank (IDB) in a corruption matter. No adverse action taken.

Government contractor in defending it in a $1.4 billion fraud trial against the United States that resulted in judgment for the government contractor on all but one claim, which resulted in a low-value negotiated settlement. (Fed. Cl.)
Government contractor in defense of qui tam action in which, after dismissal by trial court and reversal by circuit court, the Supreme Court ruled 9-0 in favor of contractor that Wartime Suspension of Limitations Act does not suspend statute of limitation for civil fraud actions, including those brought under the FCA. (E.D. Va.); (Fourth Circuit, U.S. Supreme Court)
Five Healthcare Providers in Texas and Louisiana in a case brought under the federal, Texas, and Louisiana FCA statutes filed by a relator and the State of Texas relating to Texas and Louisiana’s efforts to terminate the providers from participating in their respective Medicaid programs where Plaintiffs seek over $1 billion in damages and penalties. (N.D. Tex.)
Fluor in defending the client against allegations of whistleblower retaliation under the FCA. At the conclusion of discovery, the Court granted Fluor’s motion for summary judgment on Relator’s retaliation claim. (D.S.C.)
Government contractor in qui tam action and successfully obtained two writs of mandamus vindicating the contractor's claim of attorney-client privilege over materials created during an internal investigation led by company lawyers; subsequently won summary judgment on all counts. (D.C. Cir.); (D.D.C)

Government contractor in defending FCA case brought by the government alleging violations of Truth in Negotiations Act in price negotiations and claiming damages of potentially upwards of $400 million that resulted in a cost of litigation settlement. (E.D. Mich.)
Individual in a large mortgage FCA case brought by DOJ in which the individual was charged with violating FIRREA by making false statements and certifications to the Department of Housing and Urban Development. (S.D. Tex.)
Global supplier of telecommunications products in defense of qui tam action regarding its provision of services to schools and libraries under the federal E-Rate program; although the district court denied a motion to dismiss, the Fifth Circuit reversed and held on an issue of first impression that funds from the E-Rate program are not "provided by" the United States for purposes of the FCA. (S.D. Tex.); (Fifth Circuit)
Government contractor in obtaining dismissal of qui tam on grounds that alleged contractual deficiencies alone do not create FCA liability; the Fourth Circuit affirmed the dismissal in a published opinion that has been cited in countless FCA cases since. (E.D. Va.); (Fourth Circuit)
Government contractor in successfully defending it in qui tam action where a relator sought more than $600 million in damages and penalties; relator voluntarily dismissed the suit after defense team won a parallel contract interpretation suit against the Army in which the Army adopted the contractor's interpretation of the contract, which preempted relator's claims. (C.D. Ill.)
Global supplier of communications and security products in defense of qui tam action regarding its dealings with a government customer that resulted in favorable settlement at a small fraction of the United States' original damages claim. (E.D. Va.)
Government contractor in winning summary judgment in non-intervened qui tam regarding morale, welfare, and recreation services; affirmed on appeal in first post-Escobar case in DC Circuit. (D.C. Cir.); (D.D.C.)
Oil and gas company in government investigation of allegations of FCA violations based on natural gas royalty accounting and reporting. (D. Colo.)

Fluor in successfully obtaining writ of mandamus establishing that by making a disclosure to the Department of Defense did not waive privilege over its underlying investigation and winning summary judgment in a case that sought to impose tort liability on Fluor for its legally-mandated disclosure. (E.D. Va.); (Fourth Circuit)
Government contractor in winning dismissal of intervened qui tam and Anti-Kickback Act (AKS) claim regarding kickbacks. The government did not appeal dismissal of FCA claim. Defended AKS claim at trial and court awarded only fraction of damages sought by government. On appeal, damages were reduced even further. (E.D. Tex.)
Ivy League university in internal investigation and disclosure relating to U.S. federal grants.
Senior official of a Latin American shipping company in industry-wide price-fixing investigation by DOJ and other international competition authorities.
High-wealth individual in successfully representing him in a sensitive criminal investigation that resulted in no action by DOJ.

Perspectives

March 28, 2024

Back to School: Are Universities the Next Target for Cyber-Related FCA Cases?

Qui Notes: Unlocking the False Claims Act

March 21, 2024

DOJ’s 2023 False Claims Act Recoveries and Early Trends in 2024

Qui Notes: Unlocking the False Claims Act

March 19, 2024

DOJ Flexes Its Post-Polansky (c)(2)(A) Muscles and Moves To Dismiss Qui Tam Midway Through Discovery

Qui Notes: Unlocking the False Claims Act

March 19, 2024

Ep. 3.03: DOJ’s False Claims Act Recoveries for 2023

Bona Fide Needs

March 1, 2024

“Catastrophic” Construction?: The Government’s Continued Payment Defeats Materiality

Qui Notes: Unlocking the False Claims Act

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Recognition

Chambers USA

False Claims Act (Nationwide) (2023)

Latin Lawyer 250

Anti-Corruption Investigations and Compliance (2019-2022)

Best Lawyers

Criminal Defense: White-Collar (2022-2023)

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Credentials

Education

J.D., University of Virginia School of Law, 2004
B.A., University of Virginia, 1999, with distinction

Admissions

District of Columbia
Virginia
Supreme Court of the United States
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the District of Columbia Circuit
U.S. District Court, Eastern District of Virginia
U.S. District Court, Western District of Virginia
U.S. District Court, District of Columbia
U.S. District Court, Southern District of Texas
U.S. District Court, Central District of Illinois
U.S. District Court, Eastern District of Michigan
U.S. Court of Federal Claims

Government & Military Service

Paralegal Specialist, Criminal Division, Office of International Affairs, U.S. Department of Justice

Clerkships

U.S. District Court, Eastern District of Virginia, The Honorable James C. Cacheris

Activities

Member, Public Contract Law Section, American Bar Association