Skadden offers significant experience in advising and defending clients in matters involving the federal False Claims Act (FCA) and analogous state and municipal statutes, including the proper handling of allegations or issues raised by those seeking whistleblower protection. The firm’s reach, depth and experience provide the ready capability to perform fact-finding and analysis in connection with complex business matters in any jurisdiction in which our clients deal with the government.
The FCA poses consequential risks to clients in light of the potential imposition of treble damages and statutory penalties. Separate and apart from substantial financial consequences, clients also may face possible criminal liability, debarment and reputational harm. Skadden relies on a deep bench of FCA, criminal defense and regulatory attorneys to ensure that the allegations are properly defended in this broad legal landscape.
Our team represents companies, their boards and management, and individuals in all aspects of FCA matters, including internal investigations, transactional due diligence, the implementation of remedial measures and compliance programs, and the defense of government investigations, enforcement actions, and criminal and civil proceedings. We have handled FCA matters in many different contexts, in the life sciences industry, the health care industry, the defense and aerospace industry and the government contracting context. Such matters typically arise from investigations by United States Attorney’s Offices, the Offices of Inspector General and state attorneys general, often in response to a whistleblower report or lawsuit, and from audits by the General Services Administration (GSA), the Defense Contract Audit Agency and the Defense Contract Management Agency.
Skadden has numerous former United States attorneys, assistant United States attorneys, Department of Justice lawyers and counsel in regulatory agencies such as the Food & Drug Administration, in our Boston, Chicago, Los Angeles, New York and Washington, D.C. offices. The powerful combination of former prosecutors, experienced civil litigators and regulatory counsel enables the firm to anticipate and respond to the many demands created by the joint investigations and proceedings routinely pursued in connection with FCA matters. Our attorneys handle such matters from the time that the allegations first arise through final resolution, whether the matter is concluded with a declination, an agreed upon settlement, or, if necessary, trial and appeal.