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Practice Areas

False Claims Act Defense

Osborn Maledon lawyers have significant experience advising and defending clients in matters involving the federal False Claims Act (FCA) and various state and municipal equivalents.  Our lawyers skillfully help clients navigate the legal landscape when business conduct results in concurrent criminal, civil and/or administrative proceedings that require a strategically coordinated response. The firm’s experience provides the ready capability to perform fact-finding and analysis in connection with complex business matters in any jurisdiction in which our clients deal with the government.

The FCA’s treble damages provision and a statutory penalty for each false claim give the government and private plaintiffs powerful tools to extract lucrative settlements or win sizeable judgments.  We seek to resolve FCA matters at an early stage of the proceeding when possible, either by convincing the government to decline intervention in the underlying qui tam action, or to forgo its investigation altogether. We also advise clients on the many legal issues that often accompany FCA matters, including white-collar defense, suspension, and debarment proceedings; civil and criminal subpoenas; employment and retaliation claims; and the shareholder derivative suits that are sometimes filed on the heels of an FCA settlement.

Related areas of practice include:

 

Associated Attorneys

Associated Attorneys

Representative Matters

Represented national hospital owner in False Claims Act qui tam and retaliation suit resulting in partial summary judgment and settlement of remaining claims resulting in stipulated dismissal.

Represent defense contractor in False Claims Act qui tam suit alleging violations of International Trafficking in Arms Regulations (ITAR).  

Represented defense contractor in Department of Defense Inspector General investigation of labor charging which was closed without a referral to the Department of Justice.

Represented defense contractor in conducting internal investigation of labor charging matters and in pre-suit resolution of  False Claims Act complaint.