Last Updated: June 2 2014
Article by Bernard Nash, Christopher J. Allen, Merle M. DeLancey and Andrew E. Smith
Over the last decade, False Claims Act ("FCA") litigation has exploded, and actions asserting new theories of liability are resulting in increasingly large recoveries. Last year the U.S. Department of Justice (DOJ) announced that it had recovered $3.8 billion under the federal FCA in FY 2013. From all appearances FY 2014 promises to be another "banner year for civil fraud recoveries," and the DOJ has already put up impressive numbers, particularly against pharmaceutical and medical device companies, including a massive $2.2 billion settlement with Johnson & Johnson, as well as settlements with
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