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False Claims Act qxp


									False Claims & Whistleblower
Litigation Practice
Trusted Advisors In The False
Claims & Whistleblower Arena

In today’s political and business climate, corporations doing business with federal       The DOJ has
and state agencies — particularly in the healthcare, defense contracting, and energy      reported that,
industries — face ever increasing scrutiny from government regulators and                 between fiscal 1987
whistleblowers (who are often facilitated by an aggressive plaintiff’s bar). Central to   and fiscal 2011, the
this legal environment are the federal False Claims Act and its state level analogues.
                                                                                          federal government
These statutes allow for treble damage recoveries and civil penalties, provisions
which have led to settlements and judgments in the billions of dollars. As shown by
                                                                                          recovered over
our record of successfully representing corporations in this area, King & Spalding’s      $30 billion in
attorneys have the experience and backgrounds necessary to successfully guide             settlements and
businesses through these difficult and complex matters.                                   judgments in False
                                                                                          Claims Act cases.
King & Spalding’s False Claims & Whistleblower Litigation Practice Group is
comprised of experienced litigators in the healthcare, pharmaceutical, biotech,
medical device, and energy industries, including numerous former federal
prosecutors, congressional investigators, and certified compliance specialists with
decades of experience in the government and private practice. From high-profile
criminal and civil fraud and abuse matters to private, internal corporate compliance
and employment issues, we tailor our approach to each client and each set of facts.
Whether the case requires delicate interaction with or a voluntary disclosure to
regulators or an aggressive litigation and trial stance, our team is prepared to
vigorously defend client interests.

Nationally Recognized Industry Expertise
     • 21 King & Spalding attorneys working in the False Claims and Whistleblower
       field were named in the 2011 Best Lawyers in America guide, with 4 receiving
       notable recognition for their experience in “bet-the-company litigation.”
     • King & Spalding’s Government Investigations Practice was profiled in 2010
       by Law360 as a “White Collar Group of the Year” and was described as “the
       premier firm in this practice area” by the U.S. News & World Report/Best
       Lawyers’ “Best Law Firms” survey.
     • King & Spalding’s FDA, Healthcare, and Energy and Natural Resources
       Practices are regularly ranked among the nation’s best by Chambers and other
       outside experts.
     • King & Spalding attorneys regularly lecture at regional and national
       conferences and CLEs on false claims and other fraud and compliance issues,
       in addition to hosting numerous programs throughout the year for our clients
       and friends.

False Claims & Whistleblower Litigation                                         
                          Because Experience Counts
                          Our lawyers include experienced civil litigation experts and numerous attorneys
                          who have served in key government positions. Notably, our practice includes:
                             • The former Assistant Attorney General in charge of the Justice Department’s
                               Criminal Division;
                             • A former acting Assistant Attorney General in charge of the Justice
                               Department’s Civil Division and Principal Deputy Assistant Attorney General,
                               with oversight over all civil False Claims Act cases nationwide;
                             • A former Deputy Assistant Attorney General in the Justice Department’s Civil
                               Division, with responsibility for overseeing civil and criminal proceedings under
                               the Food Drug & Cosmetic Act;
                             • Three past presidents of the American Health Lawyers Association, who
                               collectively have decades of experience defending healthcare companies in
                               government investigations;
                             • The former Inspector General of the Department of Defense;
                             • One of the top energy industry litigators in the country with more than 25
Contacts                       years of civil litigation experience defending companies in qui tam actions;
                             • A former Acting General Counsel and Principal Deputy General Counsel for
Jeff Bucholtz                  the United States Department of Health and Human Services;
+1 202 626 2907              • Three former United States Attorneys, and more than a dozen former Assistant            United States Attorneys;
                             • A nationally recognized leader in employment and labor law specializing in
Steve Cowen                    defending against alleged whistleblower violations of the False Claims Act;
+1 404 572 4688              • Three former members of the FDA’s Office of the Chief Counsel.
                          Recent Matters
Gary Eiland               Having handled well over 80 False Claims Act matters in the last five years alone,
+1 713 751 3207           King & Spalding has diverse experience across industries:            • Represented a major defense contractor in a qui tam case related to work
                               done on a federal contract and successfully convinced the U.S. government not
Eleanor Hill                   to intervene in the case.
+1 202 626 2955              • Represented numerous hospitals and hospital systems in the defense and                settlement of False Claims Act investigations and related qui tam actions, e.g.,
                               allegedly improper billings to federal healthcare programs, alleged violations
Drew Hruska                    of the Ethics in Patient Referrals Act (the Stark Law), issues regarding
+1 212 556 2278                supplemental Medicaid funding, and quality of care concerns.            • Represented multiple national retail pharmacy companies in a variety
                               of government investigations and follow-on FCA suits, including issues of
Paul B. Murphy                 coordination of benefits, Stark Law and Anti-Kickback Statute violations,
+1 404 572 3085                Medicare and Medicaid billing, and retention of overpayments.           • Represented a major health insurer in parallel criminal, administrative
                               and civil False Claims Act investigations, obtaining a criminal declination, no
Rick Shackelford               adverse administrative consequences, and a favorable civil settlement with DOJ.
+1 404 572 4995              • Represented numerous pharmaceutical companies and medical         device manufacturers in federal and state investigations (including qui tam
                               actions) involving off-label promotion, unlawful inducements, and other sales,
Wick Sollers                   marketing, and development activities.
+1 202 626 5612              • Represented a number of major energy companies in numerous False             Claims Act matters including cases alleging undervaluation of royalties on
                               nationwide production of oil and natural gas, mismeasurement of production
Chris Wray                     volumes, underpayment of interest on balance adjustments, and improper
+1 202 626 5570                deductions of post-production costs.            False Claims & Whistleblower Litigation                           2401201259966657

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