Category Archives: Practice Points

When the Government Speaks, Relators Should Listen

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Although the government declines to intervene in False Claims Act cases for a variety of reasons, many of which have more to do with resources (or lack thereof) than the merits of the action, often the government’s reason for not intervening directly bears on the merits of the relator’s allegations. Government lawyers regularly advise relator’s [...]

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10th National Institute on the Civil False Claims Act-American Bar Association – Day 3 – June 6, 2014

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Panel Topic: Settling Procurement Cases under the False Claims Act  Relators’ View: Get an understanding early in the case what the government’s parameters are and where the government is in terms of case value. As soon as relators and defendants begin discussing settlement, they need to alert Department of Justice and bring them into the [...]

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10th National Institute on the Civil False Claims Act-American Bar Association – Day 3 – June 6, 2014

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Panel Topic: State Enforcement Efforts  State Attorney General View: State attorneys general have formed a national association for centralized and coordinated action on Medicaid fraud cases. Lawyers who have Medicaid cases need to understand that they cannot recover for the states’ share of Medicaid fraud without the involvement of the states—they are separate sovereigns. Relators [...]

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