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New AG William Barr May Bring A Lighter Touch On FCA Enforcement

Executive Summary

During his January confirmation hearing, new Attorney General William Barr promised to uphold the False Claims Act. But his past statements condemning the law have some wondering how vigorous that enforcement will be.

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US High Court Won’t Hear FCA, Patent Cases

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The US Department of Justice collected $2.8bn in settlements and judgments involving violations of the False Claims Act in 2018, including $2.5bn in health-care cases. Key device industry recoveries included $33.2m from Alere, $12.5m from Angiodynamics, and $30m in two separate settlements from Covidien and its subsidiary ev3.

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The US Department of Justice has ordered its attorneys to ask for the dismissal of more whistleblower cases, and to avoid basing civil enforcement actions solely on guidance documents. Both could lead to fewer enforcement actions against device manufacturers.

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