False Claims Act

Ranked Band 1 in Chambers USA for False Claims Act

“A nationally acclaimed practice with significant pedigree in the healthcare, pharmaceutical and life sciences fields, where it represents a number of highly significant players in extremely contentious FCA matters.”

Chambers & Partners

Overview

When leading companies, institutions and investors face False Claims Act (FCA) enforcement actions, they turn to Ropes & Gray. Our clients have favorably resolved FCA cases with the help of our Chambers Band 1-ranked practice.

Set apart by a track record of excellence. When the stakes are highest, we have achieved success in FCA cases on behalf of our clients, which include:

  • Fortune 500 companies
  • Leading pharmaceutical companies
  • Medical device manufacturers
  • Diagnostic laboratories
  • Digital health companies
  • Nursing homes
  • Biotechnology firms
  • Hospital systems
  • Academic medical centers
  • Health care providers
  • Private equity firms

We assist in defending both whistleblower and government actions, from the start of an investigation through trial court and appeal. When you need help with your most critical and complex FCA matters, we’re your first call.

A high-profile team with unmatched capabilities. When you work with us, you get a Chambers Band 1-ranked team, a deep bench and a breadth of cross-practice experience that includes:

  • Enforcement/white collar criminal defense
  • Civil litigators
  • Health care
  • FDA regulatory & compliance
  • Data security
  • Labor & employment

The government demystified. Our team includes former federal prosecutors from the U.S. Department of Justice and U.S. Attorney’s Offices, as well as a former assistant to the U.S. Solicitor General with extensive Supreme Court FCA experience. We understand the government’s approach to FCA matters and can offer creative and practical strategies.

360° perspective on health care and life sciences. Teaming with Ropes & Gray’s market-leading health care and life sciences attorneys, our FCA group handles some of the most significant investigations and litigations in these industries. Clients benefit from our collaborative approach, in-depth understanding of the industry, and extensive knowledge of applicable regulations and government interpretations based on firsthand experience.

Skilled at parallel investigations and more. FCA cases may run parallel to criminal, agency and state investigations; congressional inquiries; prosecutions under state law; or other civil actions. We offer strategic advice on navigating these concurrent legal challenges, as well as those that follow FCA matters, including consumer and third-party class actions, securities litigation, product liability claims, state consumer protection investigations and litigation, and employment disputes.

 

At a Glance

  • Represented a private equity-owned healthcare software and EHR company in an FCA and Anti-Kickback Statute (AKS) investigation conducted by the U.S. Attorney’s Office in Vermont and U.S. Department of Justice Civil Frauds.
  • Secured a district court dismissal of FCA and state law claims against a company that provides services to the home health industry.
  • Won a summary judgment for a Fortune 200 health care provider in an FCA case alleging more than $100 billion in liability.
  • Successfully resolved a civil FCA investigation involving allegations of unlawful billing of services for a leading dental services organization with a no-admission settlement and no CIA. 
  • Filed amicus briefs on behalf of multiple companies to represent their interests and express their point of view in the United States Supreme Court in connection with FCA cases, providing the Court with the benefit of Ropes & Gray’s extensive experience and industry knowledge.
  • Prevailed on behalf of a global pharmaceutical company in a long-running FCA case—appealed to the 9th Circuit after a successful motion to dismiss—which raised novel First Amendment issues involving claims of off-label promotion.
  • Represented a private equity company in a multiyear investigation by the U.S. Attorney’s Office for the Middle District of Florida and in a related qui tam lawsuit relating to alleged FCA violations.
  • Represented a global health and community care technology company in FCA litigation, alleging fraudulent upcoding of Medicare claims. The case was dismissed by the district court and appealed to the Sixth Circuit, where the dismissal was affirmed. We then convinced the U.S. Supreme Court to deny certiorari, which had been sought on the perennial pleading question of what is required to satisfy Rule 9(b)’s particularity pleading requirements when alleging a FCA violation.

A nationally acclaimed practice with significant pedigree in the healthcare, pharmaceutical and life sciences fields, where it represents a number of highly significant players in extremely contentious FCA matters.

Chambers & Partners