Sidley’s FCA Practice
The False Claims Act (FCA) is a key government civil enforcement tool that has been employed to target a broad spectrum of alleged frauds against the public fisc. Its breadth is compounded by the authority granted to private citizens under the Act’s qui tam provisions to sue on behalf of the government and share in any recovery. Qui tam litigation under the FCA thus presents complex procedural and substantive issues.
Sidley has extensive experience in FCA litigation, having defended hundreds of claims under the FCA asserted by government and private qui tam plaintiffs. We represent FCA defendants from myriad industries, including pharmaceutical companies, health-care providers, defense contractors, insurers, government suppliers, financial services companies, and other entities that do business with the government, receive government funding, or owe obligations to the government.
Our experience covers all facets of activity under the FCA. We assist clients in conducting internal investigations into potential FCA liability, advise clients on making disclosures to the government, and represent them in connection with government investigations or audits involving both alleged affirmative false claims and so-called “reverse” false claims. In particular, we have substantial experience with the unique procedural and substantive aspects of qui tam cases, including the FCA’s seal provisions and the first-to-file and public disclosure bars. We also have substantial experience handling parallel criminal investigations that often accompany civil FCA investigations.
Our lawyers have had significant success obtaining declinations or negotiating resolution on favorable terms. As part of these efforts, we regularly work with Department of Justice attorneys in Washington, D.C. and in U.S. attorneys’ offices in districts around the country, as well as with federal investigative agents.
Where matters cannot be resolved before litigation, we bring to bear our formidable litigation skills. In FCA matters, we have engaged in pioneering and complex motions practice, as well affirmative and defensive discovery in complicated areas, and have prepared numerous FCA cases for trial.