Businesses operating in the United States and abroad now face potential “whistleblower” claims, government investigations and lawsuits under (1) the federal False Claims Act, (2) state False Claims Acts, (3) the U.S. patent laws (so-called “false marking” claims), and (4) the Dodd-Frank Act, which provides financial incentives to whistleblowers who assert claims that public corporations have violated U.S. securities laws and the Foreign Corrupt Practices Act.
Dechert draws on the experience and expertise of lawyers in multiple practice groups to represent clients faced with potential whistleblower claims in connection with responses to government subpoenas and investigations by federal and state agencies; litigation brought by qui tam “relators” and/or the government; internal investigations; compliance reviews; and employment actions. Many of our most successful representations are resolved without the matter ever becoming public. However, we also have substantial experience in vigorously defending our clients in sometimes highly publicized investigations and litigation and in negotiating resolutions, where appropriate, to achieve the most favorable possible results for our clients.
We have represented major pharmaceutical companies, defense contractors, clinical laboratories, airlines and many other businesses in False Claims Act or similar matters, including claims alleging improper pricing or price reporting, cost mischarging, improper sales and marketing activity, kickbacks and defective products.