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DOJ’s National Fraud Enforcement Division Launches West Coast Health Care Fraud Strike Force
By Kristin Graham Koehler, Jaime L.M. Jones, Lisa H. Miller, Dave Anderson, Sheila A.G. Armbrust, Douglas A. Axel, Kevin R. Rubino, Mallory W. Edel
In a further sign that healthcare fraud enforcement remains a top Department of Justice (“DOJ”) priority, on April 30, 2026, the National Fraud Enforcement Division ( “Fraud Division”) announced the…
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E.D. Pa. Rejects Indefinite Sealing of FCA Extension Materials, Emphasizing Narrow Purpose of Seal
By Jaime L.M. Jones, Meredith Greene Jalali
A recent decision from the Eastern District of Pennsylvania provides an important procedural win for defendants and a reminder that the False Claims Act’s seal provision is not intended to…
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Texas Qui Tam Under Fire: Texas Appellate Dissent Raises Major Constitutional Doubts
By Kwaku A. Akowuah, Jaime L.M. Jones, Kenneth G. Coffin, Matt Bergs
In a closely watched mandamus proceeding, the Texas Fifteenth Court of Appeals denied mandamus relief to a defendant pharmaceutical company in a qui tam case brought under the Texas Healthcare…
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DOJ Announces FOCUS Initiative to Work with Data Miners Filing Qui Tams
By Kristin Graham Koehler, Jaime L.M. Jones, Matt Bergs, Joseph R. LoCascio, Anna M. Schmitt
As we previously reported here, record numbers of cases are being filed by “whistleblowers” under the FCA—approximately 1,300 qui tam suits last year alone. This morning, Brenna Jenny, the Deputy…
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Ninth Circuit Rejects $8.5M Award Of Attorneys’ Fees to FCA Whistleblower
By Jaime L.M. Jones, Naomi A. Igra
The U.S. Court of Appeals for the Ninth Circuit issued a decision that reenforces the high bar for an award of attorneys’ fees above the lodestar amount in an FCA…
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DOJ Announces First FCA Settlement Resolving Title VII Discrimination Allegations
By Kristin Graham Koehler, Jaime L.M. Jones, H. Boyd Greene IV, Joseph R. LoCascio
Last week, the Department of Justice (“DOJ”) announced a more than $17 million settlement with IBM to resolve allegations that the company violated the FCA by defying “anti-discrimination requirements as…
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Ninth Circuit Opens Door to FCA Liability for Alleged 340B Overcharges
By Jaime L.M. Jones, Naomi A. Igra, Matt Bergs, Hannah Zobair
A recent decision from the U.S. Court of Appeals for the Ninth Circuit significantly reshapes the intersection of the False Claims Act (FCA) and the 340B Drug Pricing Program (340B…
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Fourth Circuit Highlights Tougher Path to Dismissal of FCA Cases Post-SuperValu
By Jaime L.M. Jones, Scott D. Stein, Matt Bergs, Anna M. Schmitt
A divided panel of the Fourth Circuit reversed the dismissal of a qui tam FCA suit alleging that the defendant pharmaceutical company underpaid Medicaid rebates by misreporting “best price” under…
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Fifth Circuit Panel Produces Three Opinions Wrestling with Application of First to File Bar
By Kenneth G. Coffin, Jaime L.M. Jones
On March 9, 2026, a divided panel of the Fifth Circuit revived a long-running qui tam suit against Lockheed Martin and reversed a district court’s dismissal of the relator’s complaint…
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Strictly Enforcing Rule 9(b), Second Circuit Affirms Dismissal of FCA Claim Based on Allegedly Defective Medical Devices
By Jaime L.M. Jones, Scott D. Stein, Joseph R. LoCascio, Anna M. Schmitt
The Second Circuit affirmed dismissal of an FCA qui tam based on allegedly faulty medical devices, an area marked for particular FCA scrutiny by the DOJ-HHS FCA Working Group, as…