Healthcare Government Investigations & FCA Defense

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Academic Medical Centers
Children’s Health
Civil Litigation
Class Actions
Clinical Research Compliance
Environmental Health & Safety
Financial Restructuring
Government Advocacy
Government Investigations/FCA
Health Information Privacy and Security
Information Technology/EHRs
International Healthcare
Labor & Employment
M&A and Other Transactions
Managed Care
Private Equity
Provider Representation
RAC & MIC Audits and Appeals
Regulatory and Compliance
Tax Exempt Bond Financings
Overview| People| Matters| News & Insights

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.

Government Investigations

Our core team of partners and associates has handled all varieties 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 HHS 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, antitrust matters, insurance coverage and employment.

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 many 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 and, when necessary, Corporate Integrity Agreements (“CIAs”). In addition, we have considerable expertise in managing and dealing with suspected or known whistleblowers and fully understand the sensitivity and judgment needed 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.

Gary W Eiland 
T: +1 713 751 3207 HOUSTON
Wick Sollers 
T: +1 202 626 5612 WASHINGTON, D.C.
Paul B Murphy 
T: +1 404 572 4730 ATLANTA
James W Boswell III (Jim) 
T: +1 404 572 3534 ATLANTA
John C Richter 
T: +1 202 626 5617 WASHINGTON, D.C.
Christopher A Wray (Chris) 
T: +1 202 626 5570 WASHINGTON, D.C.
T: +1 404 572 3544 ATLANTA
T: +1 212 556 2163 NEW YORK
Stephen L Goff 
T: +1 916 321 4802 SACRAMENTO
T: +1 916 321 4802 SAN FRANCISCO
T: +1 916 321 4802 LOS ANGELES
Andrew C Hruska (Drew) 
T: +1 212 556 2278 NEW YORK
T: +7 495 228 8500 MOSCOW
Mark D. Polston 
T: +1 202 626 5540 WASHINGTON, D.C.
Michael E Paulhus (Mike) 
T: +1 404 572 2860 ATLANTA