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False Claims Act Statistics, News & Analysis

Florida Waiver Ruling Reinforces Substance Over Form 01-29-2018

First published by Law360, January 29, 2018

In December 2017, a federal magistrate judge in Florida determined[1] that law firm Morgan Lewis & Bockius LLP had waived work-product protection over witness interview notes and memoranda compiled during an internal investigation of its publicly traded client, General Cable Corp., by “orally download[ing]” such materials to the U.S. Securities and Exchange Commission. 

KBR Defeats FCA Litigation at Fourth Circuit 08-07-2017

In a major win for Vinson & Elkins client KBR, Inc., the U.S. Court of Appeals for the Fourth Circuit has rejected False Claims Act (FCA) litigation accusing KBR of overbilling the government for water purification services provided in Iraq.

KBR Wins Significant FCA Ruling at D.C. Circuit 02-20-2017

KBR recently won a significant victory at the U.S. Court of Appeals for the D.C. Circuit, which rejected claims under the False Claims Act that the company overbilled the U.S. government for services provided in Iraq.

Former AUSA Michael S. Dry Joins V&E as Partner 01-08-2017

Michael S. Dry, a former Assistant U.S. Attorney for the Eastern District of Virginia and most recently the Deputy Chief of its Criminal Division, has joined Vinson & Elkins as a partner in the firm’s Government Investigations and White Collar Criminal Defense practice.

V&E's Review of FY2016 False Claims Act Recoveries and Predictions About DOJ's Upcoming Annual Press Release 11-29-2016

With the launch of our Lincoln’s Law Blog, we have been tracking and analyzing – in real time – FCA recoveries as they unfold. With the close of the fiscal year, we would like to invite you to share in our analysis and thoughts on FCA trends over the past year (and perhaps even a few predictions about what the future may hold).

Déjà Vu All Over Again: Escobar Reversed on Remand 11-28-2016

V&E False Claims Act Update E-communication, November 28, 2016

Perhaps inducing pre-turkey indigestion for some (and particularly the FCA bar), the First Circuit published just before the holiday break its much-anticipated decision on remand in United States ex rel. Escobar v. Universal Health, No. 14-1423, 2016 WL 6872650 (1st Cir. Nov. 22, 2016).

Cost & Pricing Issues November 17: Defective Pricing – Hazards & Defenses 11-17-2016

V&E partner, Dan Graham, will be a co-presenter in a webinar entitled Cost & Pricing Issues: Defective Pricing – Hazards & Defenses hosted by the Public Contracting Institute.

California District Court Works Hard to Find Materiality and Falsity in Post-Escobar World 09-30-2016

V&E False Claims Act Update E-communication, September 30, 2016

A U.S. District Court Judge in the Northern District of California recently denied a defendant’s motion to reconsider denial of its motion for summary judgment in what may be the most pro-government False Claims Act (FCA) decision since the Supreme Court decided the landmark Escobar FCA case in June 2016.

Vinson & Elkins Named a 2016 “Litigation Powerhouse” by Law360 08-25-2016

Vinson & Elkins has been named a 2016 Litigation Powerhouse by Law360 in its inaugural ranking of the top firms in the U.S. for litigation. V&E is among the top 20 firms nationally Law360 recognized for securing “remarkable wins for their clients over the past year.”

Because $3 Billion in False Claims Act Recoveries This Year Just Isn’t Enough, DOJ Doubles Maximum FCA Penalties to $21,563 Per Claim 06-30-2016

V&E False Claims Act Update E-communication, June 30, 2016

By our count, the Department of Justice (DOJ) has reported more than $3.2 billion in False Claims Act (FCA) recoveries so far this fiscal year, already approaching the $3.5 billion in FCA recoveries DOJ reported for all of last year. As we predicted, these substantial recoveries are set to grow with DOJ’s issuing regulations nearly doubling FCA penalties.

First Impressions Post-Ruling in Universal Health v. United States ex rel. Escobar 06-21-2016

V&E appellate partners John Elwood and Jeremy Marwell, and False Claims Act/Qui Tam Litigation partners provided first impressions of the U.S. Supreme Court’s ruling in Universal Health v. United States ex rel. Escobar endorsing the implied false certification theory of liability in certain circumstances.

Defendants Lose a Battle, But Win the War? Supreme Court in Universal Health Endorses False Claims Act Implied Certification Theory in Narrow Circumstances While Raising the Materiality Bar 06-17-2016

V&E False Claims Act Update E-communication, June 17, 2016

The Supreme Court decided Universal Health Services, Inc. v. United States ex rel. Escobar yesterday and held that the implied false certification theory can be a basis for False Claims Act (FCA) liability.

Half-a-Loaf: SCOTUS Grants Cert in Rigsby Solely on Seal Violation Issue 05-31-2016

V&E False Claims Act Update E-communication, May 31, 2016

We have been closely watching the progress of State Farm & Casualty Company v. United States ex rel. Rigsby as it winds through the certiorari process, last noting on May 25, 2016, that the Supreme Court had “relisted” the petition for its next conference and that we could expect action as early as today.

Second Circuit Strips Government of $1.3 Billion Victory, Underscoring the Line Between Breach of Contract and Fraud 05-26-2016

V&E False Claims Act Update E-communication, May 26, 2016

The government and private whistleblowers alike have long attempted to erode the distinction between breach of contract and fraud by bringing fraud cases based on conduct that, at most, gives rise to a claim for breach of contract. 

Rigsby Relist Raises Chances of Three Consecutive Years of FCA in the Supreme Court 05-25-2016

V&E False Claims Act Update E-communication, May 25, 2016

In 2015, there was Carter, in 2016, there was Escobar (with a decision still to come), and a relist in Rigsby just brought False Claims Act (FCA) practitioners a crucial step closer to a trifecta of three consecutive FCA cases in three years at the Supreme Court.

Government Contractors Railroaded Again by the False Claims Act? Railroad Retirement Board Doubles FCA Penalties, Foreshadowing Likely Increase by DOJ 05-11-2016

V&E False Claims Act Update E-communication, May 11, 2016

While the Supreme Court’s implied certification case Universal Health Services, Inc. v. United States ex rel. Escobar gets all the press, the quiet doubling of False Claims Act (FCA) penalties by one small federal agency, the Railroad Retirement Board (RRB), could foreshadow a dramatic increase in FCA penalties by the Department of Justice (DOJ) and possibly other agencies later this year.

Law360 Names Vinson & Elkins Partner Hilary Preston 2016 Rising Star 05-03-2016

Law360 has named Vinson & Elkins partner Hilary Preston 2016 Rising Star.

Webinar: First Impressions Post-Oral Argument in Universal Health v. United States ex rel. Escobar 04-19-2016

Please join V&E appellate partners John Elwood and Jeremy Marwell, and False Claims Act/Qui Tam Litigation partners as they provide first impressions following the oral argument in Universal Health v. United States ex rel. Escobar, which will be heard before the U.S. Supreme Court on Tuesday, April 19.

The False Claims Act in the Supreme Court: What it Means for Your Company 04-13-2016

Hosted by Dixon Hughes Goodman, LLP

On April 19, the Supreme Court will hear argument in one of the most important False Claims Act (FCA) cases in a generation, one that could dramatically reshape the scope of potential FCA liability for government contractors nationwide.

Helicopter Company Flying High After Implied Certification False Claims Act Case Chopped Over DOJ's Objections 04-12-2016

V&E False Claims Act Update E-communication, April 12, 2016

False Claims Act (FCA) practitioners are closely watching United States ex rel. Escobar v. Universal Health, in which the Supreme Court will hear argument on April 19, and ultimately decide whether the so-called “implied false certification” FCA theory is viable.

KBR Defeats FCA Litigation at Fourth Circuit 08-07-2017

In a major win for Vinson & Elkins client KBR, Inc., the U.S. Court of Appeals for the Fourth Circuit has rejected False Claims Act (FCA) litigation accusing KBR of overbilling the government for water purification services provided in Iraq.

KBR Wins Significant FCA Ruling at D.C. Circuit 02-20-2017

KBR recently won a significant victory at the U.S. Court of Appeals for the D.C. Circuit, which rejected claims under the False Claims Act that the company overbilled the U.S. government for services provided in Iraq.

Former AUSA Michael S. Dry Joins V&E as Partner 01-08-2017

Michael S. Dry, a former Assistant U.S. Attorney for the Eastern District of Virginia and most recently the Deputy Chief of its Criminal Division, has joined Vinson & Elkins as a partner in the firm’s Government Investigations and White Collar Criminal Defense practice.

Vinson & Elkins Named a 2016 “Litigation Powerhouse” by Law360 08-25-2016

Vinson & Elkins has been named a 2016 Litigation Powerhouse by Law360 in its inaugural ranking of the top firms in the U.S. for litigation. V&E is among the top 20 firms nationally Law360 recognized for securing “remarkable wins for their clients over the past year.”

Law360 Names Vinson & Elkins Partner Hilary Preston 2016 Rising Star 05-03-2016

Law360 has named Vinson & Elkins partner Hilary Preston 2016 Rising Star.

V&E's Review of FY2016 False Claims Act Recoveries and Predictions About DOJ's Upcoming Annual Press Release 11-29-2016

With the launch of our Lincoln’s Law Blog, we have been tracking and analyzing – in real time – FCA recoveries as they unfold. With the close of the fiscal year, we would like to invite you to share in our analysis and thoughts on FCA trends over the past year (and perhaps even a few predictions about what the future may hold).

Cost & Pricing Issues November 17: Defective Pricing – Hazards & Defenses 11-17-2016

V&E partner, Dan Graham, will be a co-presenter in a webinar entitled Cost & Pricing Issues: Defective Pricing – Hazards & Defenses hosted by the Public Contracting Institute.

Webinar: First Impressions Post-Oral Argument in Universal Health v. United States ex rel. Escobar 04-19-2016

Please join V&E appellate partners John Elwood and Jeremy Marwell, and False Claims Act/Qui Tam Litigation partners as they provide first impressions following the oral argument in Universal Health v. United States ex rel. Escobar, which will be heard before the U.S. Supreme Court on Tuesday, April 19.

The False Claims Act in the Supreme Court: What it Means for Your Company 04-13-2016

Hosted by Dixon Hughes Goodman, LLP

On April 19, the Supreme Court will hear argument in one of the most important False Claims Act (FCA) cases in a generation, one that could dramatically reshape the scope of potential FCA liability for government contractors nationwide.

First Impressions Post-Ruling in Universal Health v. United States ex rel. Escobar 06-21-2016

V&E appellate partners John Elwood and Jeremy Marwell, and False Claims Act/Qui Tam Litigation partners provided first impressions of the U.S. Supreme Court’s ruling in Universal Health v. United States ex rel. Escobar endorsing the implied false certification theory of liability in certain circumstances.

Florida Waiver Ruling Reinforces Substance Over Form 01-29-2018

First published by Law360, January 29, 2018

In December 2017, a federal magistrate judge in Florida determined[1] that law firm Morgan Lewis & Bockius LLP had waived work-product protection over witness interview notes and memoranda compiled during an internal investigation of its publicly traded client, General Cable Corp., by “orally download[ing]” such materials to the U.S. Securities and Exchange Commission. 

Déjà Vu All Over Again: Escobar Reversed on Remand 11-28-2016

V&E False Claims Act Update E-communication, November 28, 2016

Perhaps inducing pre-turkey indigestion for some (and particularly the FCA bar), the First Circuit published just before the holiday break its much-anticipated decision on remand in United States ex rel. Escobar v. Universal Health, No. 14-1423, 2016 WL 6872650 (1st Cir. Nov. 22, 2016).

California District Court Works Hard to Find Materiality and Falsity in Post-Escobar World 09-30-2016

V&E False Claims Act Update E-communication, September 30, 2016

A U.S. District Court Judge in the Northern District of California recently denied a defendant’s motion to reconsider denial of its motion for summary judgment in what may be the most pro-government False Claims Act (FCA) decision since the Supreme Court decided the landmark Escobar FCA case in June 2016.

Because $3 Billion in False Claims Act Recoveries This Year Just Isn’t Enough, DOJ Doubles Maximum FCA Penalties to $21,563 Per Claim 06-30-2016

V&E False Claims Act Update E-communication, June 30, 2016

By our count, the Department of Justice (DOJ) has reported more than $3.2 billion in False Claims Act (FCA) recoveries so far this fiscal year, already approaching the $3.5 billion in FCA recoveries DOJ reported for all of last year. As we predicted, these substantial recoveries are set to grow with DOJ’s issuing regulations nearly doubling FCA penalties.

Defendants Lose a Battle, But Win the War? Supreme Court in Universal Health Endorses False Claims Act Implied Certification Theory in Narrow Circumstances While Raising the Materiality Bar 06-17-2016

V&E False Claims Act Update E-communication, June 17, 2016

The Supreme Court decided Universal Health Services, Inc. v. United States ex rel. Escobar yesterday and held that the implied false certification theory can be a basis for False Claims Act (FCA) liability.

Half-a-Loaf: SCOTUS Grants Cert in Rigsby Solely on Seal Violation Issue 05-31-2016

V&E False Claims Act Update E-communication, May 31, 2016

We have been closely watching the progress of State Farm & Casualty Company v. United States ex rel. Rigsby as it winds through the certiorari process, last noting on May 25, 2016, that the Supreme Court had “relisted” the petition for its next conference and that we could expect action as early as today.

Second Circuit Strips Government of $1.3 Billion Victory, Underscoring the Line Between Breach of Contract and Fraud 05-26-2016

V&E False Claims Act Update E-communication, May 26, 2016

The government and private whistleblowers alike have long attempted to erode the distinction between breach of contract and fraud by bringing fraud cases based on conduct that, at most, gives rise to a claim for breach of contract. 

Rigsby Relist Raises Chances of Three Consecutive Years of FCA in the Supreme Court 05-25-2016

V&E False Claims Act Update E-communication, May 25, 2016

In 2015, there was Carter, in 2016, there was Escobar (with a decision still to come), and a relist in Rigsby just brought False Claims Act (FCA) practitioners a crucial step closer to a trifecta of three consecutive FCA cases in three years at the Supreme Court.

Government Contractors Railroaded Again by the False Claims Act? Railroad Retirement Board Doubles FCA Penalties, Foreshadowing Likely Increase by DOJ 05-11-2016

V&E False Claims Act Update E-communication, May 11, 2016

While the Supreme Court’s implied certification case Universal Health Services, Inc. v. United States ex rel. Escobar gets all the press, the quiet doubling of False Claims Act (FCA) penalties by one small federal agency, the Railroad Retirement Board (RRB), could foreshadow a dramatic increase in FCA penalties by the Department of Justice (DOJ) and possibly other agencies later this year.

Helicopter Company Flying High After Implied Certification False Claims Act Case Chopped Over DOJ's Objections 04-12-2016

V&E False Claims Act Update E-communication, April 12, 2016

False Claims Act (FCA) practitioners are closely watching United States ex rel. Escobar v. Universal Health, in which the Supreme Court will hear argument on April 19, and ultimately decide whether the so-called “implied false certification” FCA theory is viable.

Former Chief Compliance Officer Whistleblower Hits $51 Million Payday, Sending Powerful Reminder That Even Compliance Professionals Can Turn in Their Companies 03-04-2016

V&E False Claims Act Update E-communication, March 4, 2016

After allegedly refusing its Chief Compliance Officer’s attempts to implement compliance reforms and halt a large-scale, multinational kickback scheme, the largest distributor of endoscopes in the United States has agreed to pay $646 million to settle charges under the Anti-Kickback Statute (AKS), False Claims Act (FCA), and U.S. Foreign Corrupt Practices Act (FCPA).

It’s Bottoms Up at the Public Disclosure Bar for One Law Firm 02-19-2016

V&E False Claims Act Update E-communication, February 19, 2016

One law firm won an unusual victory earlier this month when the Third Circuit reversed a district court’s ruling that its False Claims Act (FCA) action was precluded by application of the “public disclosure bar.”

Will the Government Ever Grow Up and Out of False Claims Act “Fairyland?” 02-12-2016

V&E False Claims Act Update E-communication, February 12, 2016

In J.M. Barrie’s famous tale, Peter Pan lives forever in a fairy “neverland,” which appears to be precisely where the government remains stuck on False Claims Act damages. 

Not Letting Up or Letting Go: Justice Department Settles Decade Old False Claims Act Case on Successor Liability Theory 01-12-2016

V&E False Claims Act Update E-communication, January 12, 2016

Last month’s release of the Department of Justice (DOJ) False Claims Act (FCA) year-end statistics made clear that 2015 was another big year for FCA enforcement actions.


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