Elizabeth Arias Gray is an experienced litigator who defends companies against the rising tide of False Claims Act cases brought by both private whistleblowers and government enforcers. Drawing on her deep knowledge of the FCA’s intricacies, Elizabeth identifies arguments and devises strategies that help protect her clients’ interests at every stage of a complaint, from investigation and motion practice through discovery and appeal. She has litigated against the US Department of Justice and State Attorneys General as well as individual relators, successfully narrowing claims and minimizing exposure. A member of the defense team in a closely watched Medicare fraud case, Elizabeth helped convince a federal judge that the FCA’s qui tam provision violates the Constitution’s Appointments Clause—a decision with potentially profound ramifications.

Elizabeth’s FCA skillset positions her to offer guidance to a wide variety of companies participating in the government supply chain. Her clients include government contractors facing allegations of false claims made to a variety of state and federal programs, including Medicare Advantage, the Affordable Care Act, and various state Medicaid Programs—as well as violations of anti-kickback laws and FCA retaliation provisions. Elizabeth has advised clients on FCA risk in connection with escrow litigation and merger agreements. And with the emergence of the FCA as an all-purpose enforcement tool, Elizabeth continues to tailor FCA defenses to new industries and regulatory schemes. Elizabeth understands that the nature and evolution of FCA litigation can present significant forward-looking risk and advises clients on managing that risk.

Elizabeth maintains an active pro bono practice, which includes defending prisoners’ rights and ensuring due process for immigrants. Earlier in her career, she clerked for the Honorable Jesus G. Bernal of the Central District of California and externed for the late Stephen R. Reinhardt of the Ninth Circuit Court of Appeals.