False Claims Act Insights Jonathan Porter

Host Jonathan Porter welcomes Husch Blackwell’s Lorinda Holloway to explore settlements in the context of False Claims Act (FCA) litigation. Jonathan and Lorinda discuss the differences between FCA settlements and those typically seen in commercial litigation. They explore what is meant by “covered conduct” and why broad releases are rarely seen in FCA settlements. The presence of whistleblowers, or relators, is another distinguishing feature of FCA litigation, adding another layer of complexity to FCA settlement negotiations, especially around attorneys’ fees which the FCA allows whistleblowers to demand as part of a recovery.

Host Jonathan Porter welcomes Husch Blackwell’s Catherine Hanaway to explore the government’s use of civil investigation demands (CIDs) within the context of False Claims Act investigations. The CID is a powerful and broad tool, and they are used to gather a variety of information regarding the conduct under investigation.

Jonathan and Catherine discuss the importance of handling CIDs with care from the earliest possible juncture, including communication through counsel with government investigators that can provide valuable insight as to the scope and nature of the inquiry. The discussion follows the arc of effective CID responses, exploring why it is vital to initiate a litigation hold and to refrain from internal communications regarding the investigation, as well as how to narrow the initial inquiry through collaboration with government investigators.

Finally, Jonathan and Catherine wrap up the discussion with a brief overview of how internal investigations can provide companies with the perspectives and knowledge needed to address the concerns of government investigators.

Host Jonathan Porter welcomes Husch Blackwell’s Jody Rudman to this inaugural podcast episode to discuss the changing profile of whistleblowers in False Claims Act (FCA) litigation.

Traditionally, relators, or whistleblowers, in FCA litigation, have been employees who bring fraud claims against their employers, but recent cases demonstrate that potential whistleblowers are lurking far beyond a company’s roster of employees and include vendors, consultants, customers or clients, and members of the general public.

This episode of False Claims Act Insights explores the role whistleblowers play in FCA litigation and the mechanics of how cases are filed and handled, including how companies find out whether they have been accused of fraud by a whistleblower and the government’s decision-making process in determining if and when it will intervene in the lawsuit. We talk about how whistleblowers can be current employees who take records and record conversations, leading to occasionally criminal results, and we talk about ways companies wrongfully accused by a whistleblower can sue their whistleblower for malicious prosecution. We end with some practical considerations for companies embroiled in FCA disputes that can help drive better outcomes.