False Claims Act

The Litigation Center increasingly uses its amicus program to present the views of the business community in False Claims Act (“FCA”) litigation.  It can be challenging for the Chamber to participate in FCA cases because many of them are under seal for years, and many settle before reaching a proper stage for the Chamber’s involvement.  Nonetheless, the Litigation Center has increased its amicus filings in FCA cases in recent years, advocating for privilege protections in internal investigation cases and increased requirements for relators, as well as battling back against abuse by relators using the implied certification theory.