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News and Insights on the False Claims Act

We counsel and educate companies on internal whistleblower complaints
or other FCA compliance concerns. Read the latest, below.

 

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The False Claims Act (31 U.S.C. §§ 3729–3733, also called the "Lincoln Law") is an American federal law that imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. It is the federal Government's primary litigation tool in combating fraud and its enforcement is big business for the government.

Latest News and Insight

NEWS April 2017

United States ex rel. Thomas v. Duke University

Duke Gains Home Court Advantage in Relator’s Qui Tam Action

Duke University and its co-defendants persuaded the United States District Court for the Western District of Virginia that a qui tam action pending against it should instead unfold in Greensboro, North Carolina, 50 miles from the Durham campus.

 

Authors:
Joe W. Harper and R. Samuel Gilley

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Analysis April 2017

Chapins v. Northwestern Community Services Board

West Virginia District Court Applies McDonnell Douglas Framework to FCA Retaliation Claim

Although the Fourth Circuit has yet to determine whether the McDonnell Douglas framework—a fundamental employment law doctrine—applies to whistleblower claims under the False Claims Act (FCA), the Western District of Virginia recently applied the burden-shifting framework when considering an FCA retaliation claim.

 

Authors:
Joe W. Harper and Lauren L. Weiner

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News March 2017

United States ex rel. Shepard

District of Colorado Affirms Government’s Broad Discretion
to Settle Qui Tam Case Over Relator’s Objections

This is important not only to the government but to FCA defendants, because cases like Shepard help prevent parties who are interested in a resolution from being held hostage by relators who are lobbying for an unwarranted recovery.

 

Authors:
Joe W. Harper and Jan L. Hatcher

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News March 2017

United States ex rel. Michaels v. Agape Senior Community, Inc.,

Fourth Circuit Upholds Government’s Right to Veto Qui Tam Settlement, Withholds Judgment on FCA Statistical-Sampling Issue

In what many had initially hoped would be a landmark decision regarding whether statistical sampling can be used to assess False Claims Act (FCA) liability, the Fourth Circuit joined two other circuits in holding that the government has an unreviewable right to veto a settlement between a relator and defendants.

Authors:
Joe W. Harper and Sunni R. Harris

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