The View From the Front Lines: Litigation Under the False Claims Act in a New Era of Enforcement

^{Posted by Scott Stein and Kristin Graham Koehler}

Sidley lawyers Kristin Graham Koehler and Brian Morrissey have authored a monograph published by the Washington Legal Foundation. The monograph is entitled “The View From the Front Lines: Litigation Under the False Claims Act in a New Era of Enforcement,” and provides a concise overview of the FCA, its qui tam provisions, the latest trends in FCA enforcement, and anticipated future developments. It also assesses enforcement trends in particular industries, such as government contracting, healthcare, and pharmaceuticals, and explains seven key issues affecting future False Claims Act litigation:

• The FCA’s Applicability to “Legally False” Claims
• Scope of FCA’s First-to-File Bar
• Increased Pursuit of “Reverse” False Claims
• Constitutionality of Mandatory Damages
• Increase in False Claims Act Suits Brought against Numerous Defendants in the Same Industry
• Increased Use of Civil Investigative Demands in False Claims Act Investigations
• Sanctions over Privileged Documents Obtained by Qui Tam Relators

A copy of the full monograph can be ordered here.