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False Claims Act Defense

Enforcement actions under the Federal False Claims Act (FCA), and equivalent state laws, are at an all-time high. Government investigations and prosecutions, both civil and criminal, along with qui tam "whistleblower" filings, have grown ubiquitous for firms engaged in any sort of business with the government. Since 2010, there have been more than 4,600 federal FCA lawsuits filed, generating over $24 billion in recoveries.

Arnold & Porter is uniquely positioned to assist clients confronted with FCA-type claims. The firm's highly regarded litigation and white collar teams work in an interdisciplinary fashion with historically strong practices across a wide array of regulated industries, including government contracts, financial services, healthcare, pharmaceuticals, medical devices, and environmental compliance.

Our FCA working group includes former senior criminal prosecutors and civil enforcement attorneys from the US Department of Justice and various US Attorney's offices (S.D.N.Y., E.D.Va., D.D.C., etc.), the former Attorney General of the District of Columbia, and former counsel for the US Departments of Health and Human Services (including the Food and Drug Administration), Defense, Treasury, State, and Energy. We have defended leading companies in a diverse range of industries, including aerospace, defense, information technology, healthcare, pharmaceuticals, medical devices, financial institutions, telecommunications, insurance, and accounting.

Our attorneys are regularly called upon to assist clients with large-scale, highly sensitive and complex FCA matters, including classified programs. We are well-equipped to handle the entire course of proceedings, from initial investigation through all stages of defense, trial, and appeal. We support clients in their compliance efforts to prevent and avoid FCA exposure, and strive to help clients resolve FCA matters when they do arise in the most efficient and least painful manner. The Arnold & Porter FCA attorneys are recognized thought leaders in this field, writing and speaking regularly on the latest developments and best practices in the area.

Events

January 31, 2017: Addressing Risks for Cybersecurity Contractors and Other Key Issues for the Defense Industry Post-Escobar, American Conference Institute's 4th Advanced Forum on False Claims & Qui Tam Enforcement, New York, NY

  • Arnold & Porter's Mark Colley lead a discussion addressing the following topics: i) new Cybersecurity certifications risks—what do contractors need to know in wake of the Escobar decision; ii) proposals, estimates and invoices—are "mistakes" still possible, or is every error just "knowingly false"; iii) analysis of expanding FCA exposure from increasing compliance requirements; and iv) when mandatory disclosure obligations arise in wake of Escobar.

September 29, 2016: The Current Enforcement Environment Facing the Financial Services Industry

  • Arnold & Porter New York Regulatory Roundtableseries—members from our Financial Services group discussed the current enforcement environment facing the financial services industry under the FCA and the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA), with emphasis on the potential impact of the Supreme Court's decision in the Escobar.

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