Osborn Maledon lawyers have significant experience representing clients in matters under the federal False Claims Act (FCA) and its state and municipal counterparts. Our lawyers serve as plaintiff’s counsel for relators and as defense counsel for companies accused of fraud, waste and abuse (FWA) and other forms of misconduct. With decades of relevant experience—including particular experience in the health care and defense contracting sectors—our lawyers are able to represent clients in FCA matters in all jurisdictions nationwide.
Plaintiff’s Counsel for FCA Relators
We represent current employees, former employees and other individuals who have information about corporate violations of the False claims Act. This includes, but is not limited to, claims involving Medicare and Medicaid billing violations, other forms of federal health care billing fraud, defense contractor bidding and procurement fraud, and fraudulent billing under defense contracts.
If you believe you have information about an FCA violation, it is important that you seek counsel promptly. You must meet certain requirements in order to qualify as a whistleblower and secure the protections (and the right to compensation) afforded under the law. Our lawyers can help you take all of the steps that are necessary, and we can deal with the government on your behalf. If the government declines to intervene in your claim, we can help you make an informed decision about whether to pursue your claim directly.
Defense Counsel for Companies Accused of FCA Violations
When serving as defense counsel for companies accused of fraud and other violations, we seek to resolve False Claims Act matters as early as possible, either by convincing the government to decline intervention in the underlying qui tam action or by convincing the government to forgo its investigation altogether. We also advise our clients on the many legal issues that often accompany FCA matters, including subpoena response, white-collar defense, suspension and debarment proceedings, employment-related claims, and shareholder derivative litigation.
Related areas of practice include:
- Investigations and Criminal Defense
- Public Contracts and Procurement
- Securities Defense
Given the risks associated with facing litigation under the FCA, it is imperative that companies targeted in qui tam actions take a proactive and strategic approach. Avoiding unnecessary liability requires a targeted defense that addresses the underlying substantive issues as well as the unique procedural aspects of FCA matters. As noted above, it also requires due consideration of ancillary civil and criminal litigation risks—including the risk of facing criminal charges from the U.S. Department of Justice (DOJ), allegations of retaliation, or a shareholder derivative suit on the heels of an FCA settlement. At Osborn Maledon, we take a comprehensive approach focused not only on protecting our clients in litigation, but also on protecting our clients from litigation whenever possible.