FCA Settlement Does Not Bar Third-Party Claims
Client Alert | 1 min read | 12.03.09
In Cell Therapeutics Inc. v. Lash Group Inc. (9th Cir. Nov. 18, 2009), the Ninth Circuit ruled that an FCA settlement entered into between a drug manufacturer and the government and relator did not preclude the drug manufacturer from bringing state common law claims against an expert in Medicare reimbursement protocol for having allegedly advised that the false Medicare billings were proper. Although a company found to have violated the FCA may not shift its FCA liability to a third party, the suit was not foreclosed because, first, "independent" claims for damages were asserted; and, second, a settlement agreement without an admission of FCA liability does not constitute a finding of FCA liability, which could preclude recovery against a third party.
Insights
Client Alert | 6 min read | 01.16.26
Trump Administration Rolls Out New DOJ Division for National Fraud Enforcement
On January 8, 2026, the Trump Administration announced the creation of a new Division for National Fraud Enforcement within the Department of Justice (DOJ). The division will be led by a newly appointed Assistant Attorney General (AAG), pending Senate confirmation, who will report directly to both the President and Vice President and operate out of the White House. Such a reporting structure is unprecedented in the history of the DOJ.
Client Alert | 4 min read | 01.15.26
Access to Public Domain Documents Pilot: Practice Direction 51ZH
Client Alert | 4 min read | 01.14.26
Client Alert | 3 min read | 01.13.26
