False Claims Act Compliance
O’Melveny knows the best defense against FCA enforcement is a compliance program that mitigates risk—we help you protect yourself.
O’Melveny Introduces Unsealed: Following the False Claims Act—A New Hub Tracking Critical FCA Developments
O’Melveny knows the best defense against FCA enforcement is a compliance program that mitigates risk—we help you protect yourself.
O’Melveny Introduces Unsealed: Following the False Claims Act—A New Hub Tracking Critical FCA Developments
As DOJ and relators’ counsel continue their aggressive pursuit of FCA claims, any entity or person that does business, directly or indirectly, with the US government—or invests in companies that do government business—must understand and protect against FCA liability risks. O’Melveny’s FCA team knows that the best defense is a compliance program that mitigates risk in the first place. We provide compliance advice and risk-mitigation strategies to help clients identify and prevent potential violations before they turn into costly litigation.
Led by a team that includes former Department of Justice prosecutors and career white collar defense attorneys, our FCA group works with clients to evaluate, develop, and enhance FCA compliance programs that meet their unique business objectives. We also help companies prepare for subpoenas, Civil Investigative Demands (CIDs), and agency audits or inquiries, and design customized compliance programs, policies, and internal controls that provide defensible support in government investigations and qui tam actions.
Drawing on the depth of experience and subject-matter knowledge of several Chambers-ranked attorneys, we advise life sciences clients on FCA and Anti-Kickback Statute risk implications of marketing practices, and counsel health care clients on the requirements of the Anti-Kickback Statute, Medicare Secondary Payer Act, Medicare Advantage regulations, and other applicable regulations and certifications that may give rise to FCA risk. We also have a sophisticated data privacy and cybersecurity practice that advises on evolving government cybersecurity requirements, which are emerging as a key priority for FCA enforcement.
Our experience covers a broad array of substantive areas, including:
- Anti-Kickback Statute
- Affordable Care Act
- Customs Duties/Tariffs
- Cybersecurity and Data Privacy
- Defective Pricing
- Defense Contracts
- Diversity and Inclusion
- Federally Insured Mortgages
- Medicaid
- Medicare Advantage
- Medicare Secondary Payer Act
- Pharmaceutical and Medical Device Marketing
- Paycheck Protection Program/CARES Act
- Stark Law