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Capabilities / False Claims Act

False Claims Act

Informed and vigorous defense of federal investigations and whistleblower lawsuits involving the FCA.

Husch Blackwell has a deep roster of experienced litigators—many of whom are former federal prosecutors—who handle False Claims Act (FCA) investigations and litigation.

FCA litigation is defined by high stakes and rapid evolution of this Civil War-era law to cover emerging areas, including healthcare and cybersecurity. Our FCA teams bring a wealth of experience and thorough understanding of the FCA and its qui tam provision to each matter, and routinely guide clients through disputes at all phases, from initial setting up compliance programs, and conducting internal investigations, to interfacing with the Department of Justice during its investigation, to developing winning trial strategies.

In recent years, most FCA litigation has featured healthcare industry defendants, and our FCA litigation team works closely with our nationally ranked Healthcare Regulatory group to resolve disputes that involve the industry. More recently, the Department of Justice has expanded its application of the FCA to cover alleged misrepresentations in connection with the cybersecurity requirements in certain federal government contracts, as well as pressing forward with novel “reverse” FCA investigations and lawsuits. In response our FCA litigators collaborate with Husch Blackwell’s Government Contracts and Cybersecurity teams to develop robust defenses for clients embroiled in these emerging areas of FCA litigation.

Across all industries and situations, our deep knowledge of the FCA and how the Department of Justice pursues FCA cases is a core team strength that enables us to position clients for favorable outcomes.

Representative Experience

  • Prevailed for Bethany Hospice and Palliative Care in False Claims Act litigation and secured the victory before the U.S. Court of Appeals; the relator sought a writ of certiorari from the U.S. Supreme Court, and our team convinced the Solicitor General’s office to recommend denying cert, providing our client with a complete and final victory. Given several petitions raising the same issue at play in this case, there was considerable media attention and consideration of whether the Court would accept review.
  • Representing Health Management Systems, Inc. in False Claims Act litigations brought by a former employee—and repeat relator—who was terminated by the company a decade prior. The litigations involve allegations that HMS violated the FCA and many state false claims act statutes for many years when it failed, among other things, to pursue third party liability claims on behalf of its many state Medicaid program clients. The U.S. Government and all named state governments have declined to intervene.
  • Representing the operator of senior living facilities under government investigation for possible False Claims Act violations under a “worthless services” theory cause of action.
  • Representing Integra LifeSciences in False Claims Act litigation involving allegations of fraudulent billings to the government for reimbursement regarding off-label marketing of pharmaceuticals.
  • Represented a Fortune 100 healthcare company in a government investigation and concurrent whistleblower lawsuit concerning payments made to providers as required under the Affordable Care Act and in violation of federal and state False Claims Act. The U.S. and state governments declined to intervene in the lawsuit, which is ongoing.
  • Represented Mobilecare 2U, LLC in federal and state False Claims Act litigation stemming from a former employee’s allegations that the client defrauded Medicaid in selling dental care policies to nursing home residents. Relator also asserted claims for retaliation, wrongful discharge under a state false claims act as well as under common law. The federal government and all named state governments declined to intervene. Upon MC2U’s filing of a robust motion to dismiss, the relator agreed to voluntarily dismiss all but her employment-related claims.
  • Represented a physician group in connection with alleged violations of the False Claims Act filed by a former employed physician who quit after being placed on a performance improvement plan. The relator alleged that our client violated Stark and anti-kickback laws, including billing for services at a higher “incident-to” rate than permitted. The Court dismissed all claims for fraud, conversion, tortious interference, misappropriation, and violations of the Theft Liability Act, and the government declined to participate after a lengthy investigation of the allegations.
  • Representing a multinational financial services company in connection with a government investigation regarding the importation of consumer goods, including a reverse False Claims Act investigation where the government is pursuing allegations that tariffs were improperly and intentionally designated.
News Releases | February 22, 2021
Husch Blackwell's Hospice Team Opens 2021 with Significant Audit Victory

The victory was the most significant victory to date for the Madison, WI-based team, which arrived at Husch Blackwell in January 2020.