Biden Admin Promises More ‘Aggressive’ Approach To False Claims Act Enforcement, Lawyers Say
Manufacturers may see a more forceful approach toward False Claims Act enforcement under the new administration, attorneys say.
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A report from the law firm Gibson Dunn found that the US government brought more new cases under the False Claims Act last year than ever before, which they partially attribute to COVID-19 enforcement actions.
Courts have been busy with False Claims Act-related cases in the first half of 2018 despite a lack of device-specific settlements, new analysis from law firm Gibson Dunn shows. Of particular interest: New rulings that show courts settling on a unified interpretation of the Supreme Court’s 2017 Escobar ruling.
Industry should be cautious in interpreting a recent US Department of Justice memo stating DOJ wouldn’t take enforcement actions based on failure to comply with guidance documents alone, according to experts. But the document still could offer assistance to manufacturers fighting enforcement actions.