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False Claims Act Investigations & Defense

Arnold & Porter's False Claims Act practice has unparalleled breadth and depth of experience defending life science companies and health care providers, government contractors, financial institutions, and other companies that receive federal funds in FCA investigations and litigation. Led by former federal prosecutors and accomplished civil litigators who work closely with the firm's deep regulatory bench, our team has successfully persuaded the government not to proceed. But where a case is inevitable, we tirelessly work to meet our clients' objectives, effectively negotiating favorable settlements or vigorously defending in court, at trial, on appeal, and even in the Supreme Court.

The government and relators wield the FCA to reap billions of dollars in penalties and damages each year. The monetary stakes are high as is the threat of exclusion, suspension, or debarment. So, when the government comes calling, you can rely on the seasoned, expert, and practical advice that we provide and our clients have come to expect.

  • Success in High-Stakes Litigation and Establishing FCA Precedents: In addition to our impressive record of dismissals and declinations, we have established important precedents on key issues, including Escobar materiality, definition of "claim," first-to-file bar, and fraud in the inducement.

  • Unique White Collar Criminal Defense Expertise and Comprehensive Representation: Our team includes dozens of former government attorneys who leverage their government FCA, fraud, and trial experience. Our experience also enables us to improve compliance programs, evaluate potential criminal issues, and handle State AG actions.

  • Full Range of FCA Expertise: We have a wealth of FCA experience representing companies across industries. We draw on our intimate familiarity with the relevant regulatory regimes and constantly evolving FCA case law to provide practical and strategic legal advice.

Read our blog for insightful commentary and the latest news on FCA recoveries as they happen.
Qui Notes Blog
Ranked Band 1 in Chambers USA FCA
“Highly sophisticated FCA practice noted for its considerable depth and breadth of experience across the board.”

Experience Highlights

  • Novartis in the successful defense of a qui tam suit brought in the District of Massachusetts by multiple relators, alleging off-label and kickback claims in connection with the asthma medication Xolair®. On a motion to dismiss, we obtained dismissal with prejudice of all claims, which was affirmed by the First Circuit. Relators then filed suits in Massachusetts and New York under state FCA statutes, and we successfully obtained dismissal of those cases. 

  • Fluor Corporation in persuading DOJ to decline intervention in 2018 after sprawling, multi-year protracted investigation, in a qui tam action brought by multiple relators relating to management of hundreds of millions of dollars-worth of materials on a contingency contract performed in Afghanistan.

  • Bristol-Myers Squibb and Sanofi-Aventis, in securing DOJ’s declinations and winning dismissals of two FCA qui tam suits concerning Plavix® promotional activities.

  • KBR in qui tam action in which, after dismissal by trial court and reversal by circuit court, the Supreme Court ruled 9-0 in favor of KBR that Wartime Suspension of Limitations Act does not suspend the statute of limitations for civil fraud actions, including the FCA. The case was dismissed on remand and dismissal was affirmed on appeal in 2018.

  • Eli Lilly, AstraZeneca, and UCB in three federal qui tam litigations filed in Texas, Washington, and Illinois, respectively, alleging violations of the AKS and FCA through the use of nurse educator and reimbursement support services. All cases have been dismissed. After Relator refiled the cases against Eli Lilly in New Jersey and Texas state courts, we obtained dismissal of the New Jersey state case and a stay of the Texas state case.

  • KBR in long-running FCA lawsuit involving KBR’s provision of essential wartime support to the U.S. Army during the early days of the war in Iraq. Won partial summary judgment in 2021, and in 2022, reached a favorable settlement with the U.S. at a fraction of DOJ’s initial damages claim with no admission of liability.

  • AbbVie in a qui tam suit filed in the District of Maryland alleging price reporting claims in connection with various medications. On a motion to dismiss, we obtained dismissal of all claims. The relator appealed. On January 25, 2022, the Court of Appeals for the Fourth Circuit affirmed the dismissal. The Fourth Circuit later decided to rehear the case en banc. On September 23, 2022, the full court affirmed the district court's dismissal.

  • Fluor Corporation in winning summary judgment in 2022 on relator's FCA retaliation claim alleging that relator was included in reduction in force from Afghanistan because he made an internal report of allegedly falsified inventory records, which was affirmed on appeal. Actively litigating relator's substantive FCA in a separate action.

  • Bayer and Merck in defense of a qui tam suit in the District of New Jersey alleging misbranding in connection with the antibiotic, Cipro®. Filed a motion to dismiss the amended complaint in March 2021 on various grounds. On March 31, 2022, the Court granted our motion in its entirety, dismissing the case. The relator has since filed an amended complaint, and our motion to dismiss the amended complaint is pending.

  • KBR in obtaining unilateral and voluntary dismissal by DOJ of FCA litigation involving a Request for Equitable Adjustment, without any settlement or making any concessions, after an evidentiary hearing in a parallel proceeding before the Armed Services Board of Contract Appeals.

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  • Chambers USA
    False Claims Act (Nationwide) - Band 1 (2024)
    Corporate Crime & Investigations: The Elite (Nationwide) (2024)
    Litigation: White-Collar Crime & Government Investigations (Washington, D.C.) (2024)
    Litigation: White-Collar Crime & Government Investigations: The Elite (New York) (2024)
  • Benchmark Litigation
    White-Collar Crime (2024)
  • U.S. News & World Report and Best Lawyers
    “Best Lawyers” for Criminal Defense: White Collar—National, Washington, D.C., New Jersey, New York (2024)
    “Best Lawyers” for Bet-the-Company Litigation—Chicago, Colorado, San Francisco (2024)