False Claims Act Defense

As DOJ and relators’ counsel continue their aggressive pursuit of False Claims Act violations, any entity or person that does business, directly or indirectly, with the US government—or invests in companies that do—needs to protect against FCA risk. 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 senior fraud 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 advise life sciences clients about the FCA and Anti-Kickback Statute risk implications of marketing practices, and we counsel healthcare 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. And we have a sophisticated data privacy and cybersecurity practice that advises on evolving government cybersecurity requirements that are emerging as a key priority for FCA enforcement. A defensible FCA compliance program can provide crucial evidence for our clients when facing government inquiries or qui tam suits.

Our experience covers a broad array of substantive areas, including:

• Anti-Kickback Statute
• Customs Duties
• Cybersecurity and Data Privacy
• Defective Pricing
• Defense Contracts
• Federally Insured Mortgages
• Medicaid
• Medicare Advantage
• Medicare Secondary Payer
• Pharmaceutical and Medical Device Marketing
• SBA/CARES Act
• Stark Law