Latham represents companies, institutions, and individuals in complex, high-stakes investigations and enforcement actions brought by the US government and qui tam whistleblowers. As the government increasingly uses the False Claims Act (FCA) as a key enforcement tool across a range of areas — including healthcare, procurement fraud, anti-discrimination and civil rights, cybersecurity, COVID-19 pandemic-era programs, and trade and tariff fraud — we help clients navigate this evolving enforcement landscape. 

Leveraging both our deep experience engaging with regulators and our unparalleled industry knowledge, we counsel clients at every stage of an FCA proceeding, from the critical pre-intervention investigation period to trial and appeal. We have a long record of successfully resolving FCA matters at the earliest possible juncture. 

Market Leaders in Healthcare FCA Defense

Our team of healthcare enforcement lawyers provides comprehensive counsel in FCA actions by combining deep substantive knowledge of healthcare laws and regulations with expertise resolving FCA issues. Drawing on an extensive understanding of the sector’s varied business models and operations, Latham defends the country’s largest hospital systems, healthcare companies, and pharmaceutical and medical device manufacturers in their highest-stakes healthcare fraud investigations.

A Dedicated Government Contracts Team

Latham’s Government Contracts Practice helps clients mitigate FCA risk and navigate investigations and litigation by drawing on unparalleled expertise in government contracts regulations and procurement fraud. Our lawyers counsel government contractors of all sizes — from emerging companies to major defense contractors — on compliance, disclosure obligations, and defense strategies tailored to the unique regulatory framework governing federal procurement. 

Unique Government Experience

Latham’s team includes lawyers with significant government experience, including:

• A former head of the Criminal Division of the Department of Justice (DOJ)
• A former Principal Deputy Assistant Attorney General of  DOJ and General Counsel of Health and Human Services
• DOJ’s first Director of COVID-19 Fraud Enforcement
• A former acting head of the Criminal Division of DOJ and Deputy White House Counsel
• A former Deputy Counsel to the President and Associate Deputy Attorney General at DOJ
• A former Deputy Assistant Attorney General and Head of Merger Enforcement for the Antitrust Division of DOJ
• Numerous Assistant US Attorneys

Drawing on this government experience, we provide clients invaluable insight into the processes involved in investigating, litigating, and settling FCA cases, as well as the key strategic considerations at each of these stages. We work with clients to draft multifaceted strategies that account for all potential constituencies — including DOJ, courts, government customers, agency policymakers, shareholders, and the public — to ensure an effective defense.