On Nov. 29, 2018, Deputy Attorney General Rod J. Rosenstein announced several amendments to policies on individual accountability set forth in the 2015 Yates Memo. As a result, companies facing FCA actions—especially defendants in health care cases—should consider following three strategy tips: (1) Establish clear benchmarks for cooperation. (2) Advocate for individual releases. And (3) Emphasize that litigation costs outweigh the potential recovery in appropriate cases.
To learn more please read this Bloomberg BNA article written by Partner William S.W. Chang and Associate Spencer Churchill.