Welcome to Original Source: The Sidley Austin False Claims Act Blog

The False Claims Act (FCA) has long been a key enforcement tool for the federal government in matters involving government contracts or other expenditures of government funds. FCA enforcement has traditionally focused primarily on two industries receiving a substantial amount of government funds: healthcare and defense and other government contractors. Recently, however, FCA enforcement has expanded to other industries, including financial services. Through the False Claims Act Blog, lawyers in Sidley’s White Collar, Healthcare, FDA, Government Contracting, Financial Services, Appellate, and other practices will provide timely updates on new and interesting developments relating to FCA enforcement and litigation.

How Life Sciences Firms Can Reduce DOJ Enforcement Risks

Sidley lawyers Jaime L.M. Jones, Brenna E. Jenny, and Jack Pirozzolo recently published an article in Bloomberg Law entitled How Life Sciences Firms Can Reduce DOJ Enforcement Risks.  Scrutiny of life sciences companies, from their relationships with physicians to their promotional practices, has become one of the few constants in the evolving government enforcement landscape.  But life sciences companies can mitigate this risk by making targeted updates to their compliance programs to address areas of particular interest to the Department of Justice.

A copy of the article is available here.

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Emerging False Claims Act Risk In Trade: Recent False Claims Act Developments Increase Trade Exposure (Part III)

As discussed in our prior two alerts in this series, the expanded liability due to the Fraud Enforcement and Recovery Act (FERA) Amendments to the False Claims Act (FCA), a larger universe of and greater incentive for whistleblowers, and a new administration eager to expand FCA enforcement foreshadow a likely increase in trade-related FCA claims. In this final installment, we explore how recent changes to the landscape of international trade law create increased FCA exposure for importers and what actions companies can take to mitigate these risks.

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Emerging False Claims Act Risk in Trade: Recent False Claims Act Developments Increase Trade Exposure (Part II)

In a three-part series alert, Sidley’s White Collar and International Trade teams explore the intersection of the False Claims Act (FCA) and international trade laws, discussing the legal challenges importers face, the next frontiers of trade-related FCA litigation, and what companies can do to mitigate their risks. In this second alert, Sidley lawyers discuss how changes to the FCA have specifically affected companies that import goods into the United States by exploring recent FCA cases alleging violations of U.S. trade laws and trends that can be drawn from these cases.

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Emerging False Claims Act Risk In Trade: Recent False Claims Act Developments Increase Trade Exposure

In a three-part series alert, Sidley’s White Collar and International Trade teams explore the intersection of the False Claims Act and international trade laws, discussing the legal challenges importers face, the next frontiers of trade-related FCA litigation, and what companies can do to mitigate their risks. In this first alert, Sidley lawyers discuss recent False Claims Act enforcement trends as well as how courts are applying the 2009 and 2010 False Claims Act amendments in a manner that increases the False Claims Act risk for companies engaged in international-trade-related activities.

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District Court Concludes Accurate PDE Data Can be “False Claims” Under the FCA

A district court in the District of New Jersey recently amended its dismissal of a qui tam suit to allow the relator to file a fourth amended complaint against a pharmacy asserting a new theory of liability that prescription drug event (“PDE”) data are “claims” under the FCA and accurate PDE data can be “false claims” under the FCA where a pharmacy pays kickbacks to its customers.  United States ex rel. Silver v. Omnicare Inc., No. 11-cv-01326, (D.N.J. Apr. 13, 2021).

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