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Civil False Claims and Qui Tam Actions, Fifth Edition by Douglas W. Baruch , John T. Boese Fried, Frank, Harris, Shriver & Jacobson LLP Civil False Claims and Qui Tam Actions, Fifth Edition by Douglas W. Baruch , John T. Boese Fried, Frank, Harris, Shriver & Jacobson LLP

Civil False Claims and Qui Tam Actions, Fifth Edition

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Overview

Civil False Claims and Qui Tam Actions is an essential tool for litigating or defending against civil False Claims Act actions or investigations. This Fifth Edition, two-volume treatise provides comprehensive coverage of all aspects of FCA enforcement and litigation, including an in-depth analysis of the statute’s history, a circuit-by-circuit focus on the key liability and damages/penalties provisions, a detailed description of the law and procedures relevant to the statute’s unique qui tam provisions, and practice pointers that are critical for understanding how the law is applied in today’s enforcement environment.   The treatise also provides a state-by-state survey of state-level false claims statutes, a civil fraud enforcement arena with growing implications and import.

Civil False Claims and Qui Tam Actions, frequently cited by the courts, equips practitioners with the essentials for modern day FCA practice, including:

  • The distinct roles, responsibilities, and perspectives of the government, defendants, and qui tam relators.
  • The instruments available to the government to investigate potential FCA violations, including Civil Investigative Demands.
  • The unique procedural and jurisdictional aspects applicable to qui tam enforcement and litigation, including the steps necessary to initiate a qui tam action, jurisdictional and statutory bars to qui tam enforcement (including the “public disclosure” and “first-to-file” bars), and the rights of relators and the government in “intervened” and “declined” qui tam cases.
  • Motions practice, discovery considerations, trial strategy, and settlement of FCA suits.
  • Detailed analysis of the FCA’s liability provisions.
  • Extensive discussion of the damages and penalties provisions of the statute.
  • Analysis of state false claims laws.
  • Emerging trends in FCA enforcement and litigation.

Co-author John T. Boese is Of Counsel at Fried, Frank, Harris, Shriver & Jacobson. Co-author Douglas W. Baruch is a litigation partner and a leader of the False Claims Act practice group at Morgan, Lewis & Bockius LLP. The authors each have more than 30 years of experience handling FCA matters and draw on that experience to provide clear and straightforward expert analysis of the statute, enforcement, and recent developments of critical importance to current FCA practice including:

  • The Supreme Court's decision in Escobar that validated the implied false certification theory and adopted a specific materiality standard, and key decisions interpreting and applying Escobar materiality.
  • The expanding definition of “claim” as applied to new government programs and to existing statutory schemes.
  • The increased use of Civil Investigative Demands.
  • Changes in Justice Department policies affecting FCA enforcement, including policies against use of non-compliance with agency guidance to impose liability and the exercise of the government’s authority to dismiss non-meritorious qui tam cases under 31 U.S.C. § 3730(c)(2)(A).
  • Continued conflicts among the circuit courts involving public disclosure, original source, and the application of Rule 9(b).
  • Trends in state false claims laws, many of which mirror key aspects of the federal law but also have individual and important nuances.

The impact of the civil False Claims Act—with annual recoveries averaging $3 billion—has been felt by all manner of business, extending well beyond traditional government contractors to reach across the industry spectrum.  Because liability can arise under the federal FCA wherever federal dollars are spent or monies are owed to the federal government, businesses large and small, and domestic and foreign, are ripe targets of FCA enforcement.

And the statute’s treble damages provision and unique opportunity and financial incentives for qui tam enforcement are attracting litigation funders, causing the creation of special purpose relator entities, and driving new and creative theories of FCA liability that make this area of the law ever-changing and challenging.

The Fifth Edition is a go-to, reliable resource for today’s FCA practitioner.

Note: Online subscriptions are for three-month periods.

Pages 2382
Last Updated 06/12/2020
Update Frequency Semi-annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781543827132
SKU 10083885-7777
Publish Frequency Semi-annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010066250
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