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Overview
False Claims Act (“FCA”) enforcement and litigation has surged in recent years, with the U.S. Department of Justice recovering billions of dollars annually. Leading companies, institutions, and investors facing FCA actions turn to Ropes & Gray. Our Chambers Band 1-ranked FCA practice consistently secures favorable outcomes in high-risk, cutting-edge FCA cases.
Set apart by a track record of excellence. When the stakes are highest, we deliver success in FCA cases for our clients, which include:
- Fortune 500 companies
- Leading pharmaceutical companies
- Medical device manufacturers
- Diagnostic laboratories
- Digital health companies
- Nursing facilities, hospices and home health agencies
- Biotechnology firms
- Hospital systems
- Academic medical centers
- Health care providers
- Private equity firms
- Universities
- Government contractors
We defend against both whistleblower and government actions, from investigation through trial and appeal. For 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 litigation
- Health care
- FDA regulatory & compliance
- Data, privacy & cybersecurity
- Labor & employment
- National security
- Foreign influence
- Economic sanctions and export control
The government demystified. Our team features former federal prosecutors from the DOJ and U.S. Attorney’s Offices, including a former Civil Division Senior Trial Counsel with a decade of experience managing nationwide FCA cases, and a former assistant to the U.S. Solicitor General with extensive Supreme Court FCA experience. We understand the government’s approach to FCA matters at the federal and state AG levels and offer creative, practical strategies.
360° perspective on health care and life sciences. The FCA is the government’s primary tool for addressing healthcare fraud, a top DOJ priority. Recently, the DOJ has intensified scrutiny of private equity investments in the healthcare sector. Partnering with Ropes & Gray’s market-leading health care and life sciences attorneys, our FCA group handles some of the most significant investigations and litigation in these industries. Clients benefit from our collaborative approach, deep industry understanding, and extensive regulatory knowledge based on firsthand experience.
Deep expertise in cybersecurity, foreign influence and national security. Enforcement actions related to national security are facing heightened scrutiny, with the FCA increasingly being used to address these issues. The DOJ is particularly focused on cybersecurity violations by government contractors and grantees. Additionally, foreign influence in federally funded research remains a significant concern, with the DOJ pursuing more FCA cases against universities based on their submissions to federal funding agencies. We assist leading universities, research institutions, and companies in navigating the intricate landscape of national security and FCA compliance, ensuring effective responses while minimizing reputational risks.
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
- Achieved a landmark victory in the First Circuit for a global pharmaceutical company in a FCA case brought by the U.S. Attorney’s Office for the District of Massachusetts. The case involved allegations of Anti-Kickback Statute (AKS) violations in connection with donations to an independent charitable foundation assisting low-income Medicare beneficiaries in accessing the company's breakthrough treatment. The unanimous First Circuit ruling set a significant precedent for the industry by determining that the Department of Justice must prove that the AKS, often the basis for FCA lawsuits, requires proof that kickbacks directly changed medical treatment decisions.
- Achieved a landmark victory in the First Circuit for a global pharmaceutical company in a FCA case brought by the U.S. Attorney’s Office for the District of Massachusetts. The case involved allegations of Anti-Kickback Statute (AKS) violations in connection with donations to an independent charitable foundation assisting low-income Medicare beneficiaries in accessing the company's breakthrough treatment. The unanimous First Circuit ruling set a significant precedent for the industry by determining that the Department of Justice must prove that the AKS, often the basis for FCA lawsuits, requires proof that kickbacks directly changed medical treatment decisions.
- Favorably resolved an enforcement action for a health care investment private equity firm and its portfolio company, a multi-state physician practice, which resulted in the lifting of a CMS-imposed multi-year Medicare payment suspension. The private equity firm was released from liability.
- Won three motions to dismiss on behalf of a multinational medical device company in an FCA qui tam action alleging that the company misrepresented its compliance with federal regulations for certain devices reimbursable through Medicare. Secured a favorable settlement following the 9th Circuit’s affirmance for much of the lower court’s dismissal.
- Represented a home health care provider in connection with a CID issued by the DOJ concerning Medicaid claims submissions for home health care visits using Electronic Visit Verification. The investigation, which resulted from a relator’s qui tam claim, closed without further action.
- Representing several Medicare Advantage vendors in connection with investigations by DOJ and the U.S. Attorney’s Office for the Southern District of New York into whether such vendors caused the submission of false claims via submission of improper diagnosis codes.
- Secured favorable resolution for a global pharmaceutical company in connection with an investigation by the DOJ into an entity the company acquired. The investigation focused on the acquired company’s relationships with hundreds of physician speakers who were paid to educate other prescribers about a novel, newly approved medication.
- Defending a French multinational pharmaceutical and health care company in a qui tam action filed by a hospital operator against several drug manufacturers alleging FCA violations resulting from overcharges for 340B program drugs.
- Advising a large private equity firm and several of its portfolio companies in an FCA inquiry concerning Paycheck Protection Program loans received by the firm’s portfolio companies.
- Representing a global aerospace and defense company in response to subpoenas issued by the U.S. Attorney’s Office for the District of Massachusetts related to alleged criminal and civil FCA violations.
- Representing three large U.S. universities in responding to subpoenas from the NASA Office of Inspector General, who has become increasingly aggressive in investigating universities that are receiving NASA funds.
- “Customs Fraud May Bring a New Wave of False Claims Act Cases,” R&G Alerts (February 2025)
- “False Claims Act Insights: Key Takeaways from DOJ’s Fiscal Year 2024 Cases & Recoveries,” R&G Alerts (January 2025)
- Quoted, “The Hottest Topics Appellate Attys Are Tracking in 2025,” Law360 (January 2025)
- Quoted, "FCA Whistleblower Provisions Could Face Peril Under Trump," Law360 (December 2024)
- Quoted, "Justices to Weigh What's a Government Dollar in FCC Fraud Case," Bloomberg Law (November 2024)
- “Targeting for Action: Unpacking DOJ’s Enforcement Priorities and Strategic Focus Area,” ACI 12th Annual Advanced Forum on FCA & Qui Tam Enforcement (January 2025)
- “Key Developments in the Law,” 3rd Annual False Claims Act Webinar Series | Session 3 (January 2025)
- “Vendors and Contractors,” 3rd Annual False Claims Act Webinar Series | Session 2 (November 2024)
- “Private Equity Sponsor Liability,” 3rd Annual False Claims Act Webinar Series | Session 1 (October 2024)
- “Practice Pointers for False Claims Act Cases,” ABA’s 34th Annual National Institute for Health Care Fraud (May 2024)