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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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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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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