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False Claims Act/Qui Tam Litigation

Experience Highlights

  • (U.S.); (4th Cir.); (E.D. Va.) — Won 9-0 ruling from the Supreme Court in landmark decision that Wartime Suspension of Limitations Act does not toll the statute of limitations in civil fraud cases, including the False Claims Act

  • (Fed. Cl.) — Defended a government contractor in a $1.4 billion fraud trial against the United States that resulted in judgment for the government contractor on all but one claim, which resulted in a low value negotiated settlement

  • (D.C. Cir.); (D.D.C.) — Won summary judgment in this non-intervened qui tam regarding morale, welfare, and recreation services; affirmed on appeal in first post-Escobar case in D.C. Circuit

  • (S.D. Tex.); (Fifth Circuit) — Defended a global supplier of telecommunications products in qui tam action regarding its provision of services to schools and libraries under the federal E-Rate program; although the district court denied a motion to dismiss, the Fifth Circuit reversed and held on an issue of first impression that funds from the E-Rate program are not “provided by” the United States for purposes of the False Claims Act

  • (D.C. Cir.); (D.D.C.) — Represented a government contractor in qui tam action in which V&E successfully obtained two writs of mandamus vindicating the contractor’s claim of attorney-client privilege over materials created during an internal investigation led by company lawyers; subsequently won summary judgment on all counts

  • (4th Cir.); (E.D. Va.) — Obtained dismissal of qui tam against a government contractor on grounds that alleged contractual deficiencies do not create False Claims Act liability; appellate court affirmed the dismissal in a published opinion that has been cited in countless False Claims Act cases since

  • (C.D. Ill.) — Successfully defended a government contractor in qui tam action where a relator sought more than $600 million in damages and penalties; relator voluntarily dismissed the suit after V&E won a parallel contract interpretation suit against the Army in which the Army adopted the contractor’s interpretation of the contract, which preempted relator’s claims

  • (E.D. Va.) — Defended a global supplier of communications and security products in qui tam action regarding its dealings with a government customer that resulted in favorable settlement at a small fraction of the United States’ original damages claim

  • (S.D. Tex.) — Represented an individual in a large mortgage FCA case brought by DOJ in which the individual was charged with violating FIRREA by making false statements and certifications to the Department of Housing and Urban Development

  • (E.D. La.) — Obtained dismissal of qui tam alleging false statements and reverse false claims by operators of offshore production facilities under federal oil and gas leases

  • (E.D. Tex.) — Obtained dismissal of intervened qui tam and Anti-Kickback Act claim regarding kickbacks; the government did not appeal the FCA claim

  • (D. Colo.) — V&E was hired, after an adverse jury verdict, to handle post-verdict motions and the appeal in this qui tam royalty case; V&E obtained a favorable ruling awarding minimal amounts of statutory penalties and subsequently settled the case on favorable terms