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For more than forty years, Crowell & Moring has advised and defended clients at all stages of the False Claims Act (FCA) lifecycle. Our team provides strategic and practical advice to clients navigating complex government investigations involving allegations of fraudulent conduct, and we have a long track record of successfully resolving FCA qui tam actions by persuading the government to decline intervention or exercise its dismissal authority, obtaining dismissal at the pleading or summary judgment stages, negotiating favorable settlements, and securing victories at trial and on appeal.

Our deep bench combines the investigatory and trial experience of former prosecutors and civil litigators along with deep subject matter expertise of the regulatory regimes under which FCA cases frequently arise. Our firm has earned a reputation with DOJ and relators’ counsel as not only formidable but credible in our approach to every FCA case we handle. From claims of fraud involving procurement, healthcare, financial matters, grants, 3730(h) retaliation, and much more, our ability to blend our industry, investigation, and trial experience allows us to assemble the right team for any challenge in this high-stakes area.

Our FCA Practice draws upon the regulatory knowledge of our Health Care, Government Contracts, White Collar & Regulatory Enforcement, Labor & Employment, and International Trade practice groups which allows us to build inter-disciplinary teams that can ably handle the full life-cycle of FCA cases across many industries. Lawyers from these groups are regularly named among the top-ranked practitioners by Chambers, Legal 500, National Law Journal, and Best Lawyers.

FCA Services Chart


Compliance & Regulatory Counseling

“The best offense is a good defense” is an adage that has particular significance when it comes to the False Claims Act. While no company can control the opening of a government investigation or filing of a qui tam suit, every company can act to minimize FCA risk and be prepared to respond when a claim inevitably arises. Our lawyers work closely with our clients to mitigate FCA risks by training their employees, assessing potential FCA noncompliance, and developing procedures and controls to help prevent compliance failures. When problems do arise, we advise on the implementation of remedial measures and corrective actions, including compliance program improvements. Our lawyers also frequently provide advice and counseling on employment policies and personnel issues that arise in connection with FCA investigations.

Disclosure & Resolution

Recognizing that disclosures to the government can enhance credibility and establish defenses, we help clients analyze potential disclosable violations, determine whether disclosure is warranted, draft the appropriate communications, and implement corrective actions.

Our objective is to resolve matters expeditiously and with minimal business disruption for our clients. By engaging with the government and/or relator’s counsel we are often able to narrow the disputed issues and settle on favorable terms without the need for protracted litigation.

Investigations

Our FCA practice focuses on both internal investigations and representing clients in investigations conducted by federal and state government agencies, as well as parallel internal and government-facing investigations.

Internal Investigations

Our clients entrust us to handle their most sensitive internal investigations. After performing the necessary fact-finding and legal analysis, we advise on litigation risks, self-reporting and mandatory disclosure requirements and considerations, and potential steps for remediation. Our FCA practice also includes labor and employment attorneys with extensive experience counseling clients on interactions with whistleblowers to mitigate the risk of an employment discrimination or retaliatory discharge action.

Government Investigations

We have built credibility with government enforcement officials based on a long history of effective interaction and a strong bench of former prosecutors and government officials. Leveraging this experience, we help clients manage strategic responses to Civil Investigative Demands as well as subpoenas from grand juries, federal agencies, and inspectors general.

Through our engagement with the Department of Justice, our objective in almost every FCA case is to persuade the government not to bring an FCA action or, in the case of a qui tam suit, to decline intervention and, where appropriate, move to dismiss it.

Litigation

Our FCA lawyers vigorously defend our clients in litigation. We have a strong track record of obtaining early dismissals at the pleading stage, from failure to state a claim or meet the heightened pleading requirements of Rule 9(b) to public disclosure bar and first-to-file bar defenses and more. If a case survives a motion to dismiss, our litigators engage in affirmative discovery from both the qui tam relator and the government to set the stage for a successful motion for summary judgment or a defense verdict at trial.

Trial & Appeal

While we resolve most FCA cases long before trial, our team has successfully tried cases to jury verdict and overturned unfavorable rulings on appeal, obtaining landmark victories for our clients. We also regularly win affirmances of dismissals achieved at the pleading or summary judgment stage.

View More

"“Mere allegations of fraud do not divest the Board of jurisdiction” – Government’s Motion to Dismiss Denied When It Cannot Prove that Appeal Resolution Depends on a Factual Determination of Fraud," Government Contracts Bullet Points (May 7, 2021). Contacts: Stephen J. McBrady, Brian Tully McLaughlin, Lyndsay A. Gorton, Catherine O. Shames
Client Alert/Newsletter
"Biden’s First 100 Days: Developments to Date and What Lies Ahead," Climate Law & Environmental Finance Update (May 7, 2021). Contacts: James G. Flood, Michael K. Atkinson, Tim Shadyac, Troy A. Barsky, Byron R. Brown, Caroline E. Brown, Robert A. Burton, Matthew Cohen, Kelly T. Currie, Jodi G. Daniel, W. Scott Douglas, Carina C. Federico, Paul Freeman, Thomas P. Gies, Alexis J. Gilman, Christine B. Hawes, Robert Holleyman, Stacie Heller, S. Starling Marshall, Shelley Su, Jeane A. Thomas, CIPP/E, Scott L. Winkelman, Tiffany Wynn
Client Alert/Newsletter
"Byte-Sized Q&A: Tell me about FedRAMP," Podcast: Byte-Sized Q&A (May 6, 2021). Contact: Kate M. Growley, CIPP/G, CIPP/US
Client Alert/Newsletter
"Fastest 5 Minutes: Minimum Wage for Contractors and Bid Protests (May 5)," Podcast: Fastest 5 Minutes in Government Contracts (May 5, 2021). Contacts: Peter Eyre, Monica DiFonzo Sterling
Client Alert/Newsletter
"Speak Now Or Forever Hold Your Protest: Intervenor’s Silence Waives Future Protest Grounds," Government Contracts Bullet Points (May 5, 2021). Contacts: Eric M. Ransom, Robert J. Sneckenberg
Client Alert/Newsletter
The Top Healthcare FCA Developments Of 2020 (May 4, 2021). Authors: Michael E. Shaheen, Matthew P. Vicinanzo, and Payal Nanavati.
Publications
Tech & Trade: A Look at New Opportunities & Risks Washington Lawyer (May 4, 2021)
Media Mentions
"Paycheck Protection Program Investigations," Investigations: Readiness and Response Webinar Series (April 30, 2021). Presenters: Olivia Lynch, Amy Laderberg O'Sullivan, Rebecca Monck Ricigliano, and Tiffany Wynn.
Speech/Presentation
"All Things Protest: Evolving Developments in Awardee Standing (April 2021)," Podcast: All Things Protest (April 30, 2021). Contacts: Olivia Lynch, Christian N. Curran
Client Alert/Newsletter
"President Biden Signs Executive Order Mandating $15 Minimum Wage for Certain Employees on Certain Federal Contracts," (April 29, 2021). Contacts: Lorraine M. Campos, James G. Flood, Kris D. Meade, Rebecca L. Springer, Jillian Ambrose, Rina M. Gashaw
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with approximately 550 lawyers representing clients in litigation and arbitration, regulatory and policy, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity, equity and inclusion. The firm has offices in Brussels, Doha, London, Los Angeles, New York, Orange County, San Francisco, Shanghai, and Washington, D.C.

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