False Claims Act



As the push to expand False Claims Act (FCA) liability continues, we defend companies against liability in FCA investigations and actions and help them develop strategic compliance measures to avoid FCA exposure.

Our approach

With a record 647 qui tam suits filed and recovery of $3.3 billion in 2012, the False Claims Act (FCA) serves as one of the most powerful tools in redressing fraud against the government used by the United States Department of Justice (DOJ).

Many states have passed similar laws and are enforcing them aggressively.

We help clients facing costly FCA-related claims, including claims alleging deficient pricing, faulty contract performance, false certifications, improper reporting, overcharging, kickbacks and fraudulent Medicare and Medicaid billing.

Our seasoned litigators and former state and federal prosecutors bring unique insight and strong relationships from years of experience working on government fraud cases on both sides of the aisle. We can often persuade the government not to pursue further investigation or to decline the intervention in a whistleblower suit.

Our early case assessments help clients evaluate their options. And if necessary, we litigate civil, criminal and administrative claims—often obtaining early dismissal.

We also conduct internal investigations; help clients reinforce compliance measures and remedial programs; and resolve matters through settlement, arbitration and other agreements.

When actions arise amid multiple government investigations and related civil litigation, our multidisciplinary team collaborates to provide added value to clients facing parallel proceedings on the same issues.

We work with

  • Fortune 500 companies
  • Pharmaceutical companies
  • Government and defense contractors
  • Medical device manufacturers
  • Grant recipients
  • Educational Institutions
  • Teaching hospitals
  • Clinics
  • Labs
  • Nursing facilities
  • Medical societies
  • Energy, environmental and transportation infrastructure
  • Technology companies

J&J asks 1st Circ. to halt hip implant FCA suit

Law360 | December 06, 2016

Boston government investigations and white collar defense partners Mark Seltzer and Danielle Pelot and associate Hannah Bornstein are listed as counsel representing Johnson & Johnson and its subsidiary DePuy in a First Circuit case. This article notes their argument to uphold the dismissal of a False Claims Act lawsuit.

Contacts

David A. Vicinanzo

Partner
Practice Group Leader, Government Investigations & White Collar Defense

dvicinanzo@nixonpeabody.com

Phone: 617-345-1177

Mark D. Seltzer

Partner

mseltzer@nixonpeabody.com

Phone: 617-345-6188

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