False Claims Act

The Litigation Center plays an active role in using amicus briefs to present the views of the business community in False Claims Act (“FCA”) litigation, which can have adverse impacts on a wide range of industries.  We have filed many amicus briefs in support of the government’s authority to dismiss a qui tam suit over the relator’s objections.  We have argued that courts should limit FCA liability by applying proper standards for scienter, falsity, materiality, and the public disclosure bar.  Our briefs have also encouraged courts to enforce limits on relators’ ability to rely on inferences from statistical analyses to allege fraud.