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Clients praise Latham for its "outstanding credibility with the DOJ," adding: "I wouldn't pick anyone else to handle a significant matter."

Chambers USA 2020

False Claims Act

Latham & Watkins provides clients with experienced and insightful advice to handle all aspects of False Claims Act investigations and litigation

Latham’s False Claims Act (FCA) team works closely with clients to plan an effective response to FCA issues and to mitigate potential FCA liability. Our lawyers draw on a long record of successful resolutions for clients across industries, including healthcare, financial services, defense, IT and other government procurement industries. 

Combining FCA Knowledge with Regulatory Expertise and Litigation Experience

Latham provides clients with comprehensive and effective representation in FCA matters by combining experience handling the unique aspects of an FCA case with extensive expertise in healthcare and government contracts regulatory law. Our FCA lawyers offer advice and counsel at every stage of FCA civil or parallel criminal proceedings; from the critical investigation period — when the case is under seal — to trial and appeals.

Our FCA team is exceptionally well prepared to work with clients to craft a multi-faceted approach to responding to FCA investigations and litigation. An effective defense strategy must take into account the relevant constituencies: the Department of Justice, the federal judge, a defendant’s government customers, agency policy makers, shareholders and the public. Our focus is on obtaining the optimal result for our client — whether negotiating a favorable settlement agreement or aggressively litigating a case against a qui tam relator, the government, or both.

Latham’s FCA team includes lawyers with significant government experience, including the former head of the Criminal Division of the Department of Justice and chair of the National Procurement Fraud Task Force, the former deputy head of the Civil Division of the Department of Justice and General Counsel of Health and Human Services, and multiple assistant US Attorneys. Our team provides 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.

Areas of Expertise
  • Defending civil False Claims Act and qui tam litigation
  • Responding to criminal and civil government FCA investigations
  • Assisting in voluntary disclosures and self-reporting
  • Conducting internal investigations
  • Advising on employment law and other whistleblower issues
  • Negotiating optimal civil, criminal, and administrative resolutions, including Corporate Integrity Agreements and Administrative Agreements
  • Developing compliance programs
  • Strategic counseling in fraud and abuse laws
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