King & Spalding’s Government Investigations and Whistleblower Litigation (Qui Tam) Practice includes experienced health care litigators and former federal prosecutors, regulators, congressional investigators, and compliance officers. Our lawyers understand the investigative process because they themselves prosecuted and defended health industry cases in the government, and in private practice have developed highly effective defenses for a wide array of clients. They learned by doing, and they bring that same insight to bear when counseling our clients in times of crisis. Notably, many of these attorneys served in key positions within the U.S. Department of Justice (DOJ) and other regulatory enforcement agencies. The recent Assistant Attorney General in charge of the Justice Department’s Criminal Division, Christopher Wray, now leads this Practice.
Government Investigations
Our core team of partners and associates has handled all variety of criminal and civil healthcare investigations, with a particular expertise in investigations and litigation under the False Claims Act. From high-profile criminal fraud and abuse matters to private, internal corporate compliance issues, our approach is uniquely tailored to each client and each set of facts. Whether the case requires delicate cooperative interaction with or a voluntary disclosure to regulators or an aggressive litigation stance during a federal or state trial, our team is prepared to vigorously defend our client’s interests. These internal inquiries and civil and criminal investigations by federal and state authorities often involve both bet-the-company issues and significant collateral proceedings. Collateral proceedings can include congressional investigations, product liability actions, third-party payor suits, employment disputes and DHHS OIG regulatory actions. Accordingly, our Healthcare Government Investigations attorneys work closely with our Government Relations, Litigation, Tort, FDA & Life Sciences regulatory lawyers to provide multi-disciplinary representation. In addition to specialized expertise in life sciences and healthcare regulatory matters, the Practice handles investigations covering a wide variety of other subject matters, such as the Foreign Corrupt Practices Act (FCPA), SEC and accounting rules, tax controversies, environmental cases and antitrust matters.
False Claims Act and Whistleblower Practice
King & Spalding’s Government Investigation and Whistleblower Practice has particular expertise in defending False Claims Act (FCA) cases and has successfully handled numerous such cases, including whistleblower retaliation claims. Our initial goal in such cases is to persuade the government not to intervene in our clients’ cases, and we have a proven track record of success in that regard. We work hard to maintain our credibility with government enforcement officials and thus always strive to be known as tenacious client advocates with very high standards of honesty and integrity. If an FCA case is unsealed and moves forward, we have been very successful in defeating the asserted claims through motions to dismiss. We are quite comfortable in litigating FCA cases and seek to obtain the most favorable and cost effective resolution for the client--either through litigation and trial, if necessary, or through an appropriate settlement. Our FCA lawyers also have considerable expertise in negotiating FCA settlements, Corporate Integrity Agreements (“CIAs”) and Certification of Compliance Agreements (“CCAs”), and we have had considerable success in avoiding the imposition of CIAs and CCAs entirely and in obtaining favorable terms for our clients where such agreements are necessary. In addition, we have considerable expertise in managing and dealing with suspected or known whistleblowers and fully understand the sensitivity and judgment which must be afforded in this area. We are also quite experienced in litigating and defeating whistleblower retaliation claims. Our capabilities in managing FCA matters extend beyond the litigation setting as well, to the counseling of clients in avoiding the imposition of fraud allegations and assisting clients with self disclosures where necessary.
