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Scher

The rapid growth in qui tam litigation in recent years has spurred important changes in how courts and the DOJ handle qui tam matters. These changes present new threats to those who transact business with the government and significant barriers to entry to new plaintiff’s counsel.

This article by TELG managing principal R. Scott Oswald and former principal David L. Scher was published by Bloomberg BNA Health Care Fraud Report on July 9, 2014. The full article is available as a PDF on our site.

Excerpted from:

Bloomberg BNA Health Care Fraud Report

Changing Tactics at the DOJ Stand to Permanently Alter the Face of Qui Tam Litigation

In 2013, a record 753 new qui tam matters under the False Claims Act (‘‘FCA’’) were opened at the Department of Justice, marking a 15.5 percent increase in volume over 2012 and illustrating the steady growth in this fast expanding area of law.

The growth was even higher in cases involving the Department of Health and Human Services as the ‘‘primary client agency,’’ with a 20.5 percent increase to 500 new matters in 2013. The growth is due in part to whistleblower-friendly changes in the False Claims Act, as well as recent record setting settlements, which make the FCA cases even more attractive to whistleblowers and their counsel.

This fast growth has spurred important changes in how courts and the DOJ handle qui tam matters. These changes in turn represent new threats to those who transact business with the government and significant barriers to entry to new plaintiff’s counsel.