False Claims Act enforcement poses a significant and growing threat to corporations and institutions, with billions of dollars at stake. Whistleblowers and the U.S. Department of Justice (DOJ) use the Act aggressively, seeking to extract multiple damages and civil penalties. State Attorneys General (AGs) increasingly conduct investigations and assert claims under state laws modeled on the federal False Claims Act. The opportunity for significant whistleblower monetary awards are resulting in more qui tam actions being filed every year. In addition, recent statutory changes and circuit court decisions are making these claims more difficult to dismiss.
Ropes & Gray attorneys have long been at the forefront of False Claims Act defense. Deploying resources across practices, we effectively respond to investigations and successfully litigate actions pursued by whistleblowers or the government. We have achieved favorable resolutions of False Claims Act cases for numerous Fortune 500 companies by effectively responding to government investigations, challenging whether government intervention is warranted at all and defending companies when the government intervenes.
Our team, which spans our government enforcement, securities & shareholder litigation, health care, and labor & employment practices, includes former federal prosecutors from the U.S Department of Justice and leading United States Attorney’s Offices that aggressively pursue False Claims Act cases, and a former Assistant to the U.S. Solicitor General with extensive Supreme Court False Claims Act experience. We understand the complexities of the government’s approach to False Claims Act matters and offer our clients creative and practical approaches to managing the challenges presented in threatened and intervened qui tam actions.
Our attorneys are skilled at addressing the added challenges posed when an active False Claims Act case runs in parallel to criminal investigations, agency investigations, congressional inquiries, state AG matters or other civil actions. We also strategically prepare our clients for the numerous legal challenges that often follow False Claims Act matters, including consumer and third-party class actions, securities litigation, product liability claims, state AG consumer protection investigations and litigation, and employment disputes.
Ropes & Gray has successfully handled False Claims Act cases on behalf of some of the world’s leading pharmaceutical companies, medical device manufacturers, biotechnology firms, hospital systems, academic medical centers, health care providers, financial institutions, defense contractors and construction companies.
Our False Claims Act experience in the life sciences and health care arenas, in particular, is difficult to match. We have been involved in many of the most significant investigations and litigations in these industries in recent years, and have successfully resolved several high-profile and business-critical matters for our clients.
We have represented clients in investigations conducted by more than 25 different U.S. Attorney's Offices, the U.S. Department of Justice and the state Attorney Generals' offices, including those most active in enforcing the FCA. We have experience litigating FCA cases in more than 20 different state and federal district courts around the country.