Adam Kleven

(D.C. Cir.) – Drafted appellate brief in a pending case, defending the dismissal of a qui tam action based on the False Claims Act’s public disclosure bar

(U.S.) – Principal drafter of successful cert-stage briefs, resulting in the U.S. Supreme Court’s summary reversal of the Fifth Circuit’s rule barring plain-error review of factual issues in criminal cases

(U.S.) – Member of briefing team in U.S. Supreme Court merits case concerning the False Claims Act’s scienter standard, which asks whether a defendant “knowingly” submitted a false claim to the government

(D.C. Cir.) – Drafted appellate briefs in pending case concerning the U.S. Tax Court’s jurisdiction over whistleblower claims

(8th Cir.); (E.D. Mo.) – Drafted post-trial and appellate briefs on punitive damages issues in a tort lawsuit; resulted in a post-trial reduction of the punitive damages award, which was vacated on appeal with a remand for a new trial on the punitive damages issue

(Cal. Ct. App.) – Drafted successful appellate brief securing affirmance of jury trial verdict in favor of an airline in a wrongful death case, and affirmance on the application of immunity under the Aviation and Transportation Security Act

(S.D.N.Y.) – Briefed a successful motion to dismiss a qui tam action based on the False Claims Act’s materiality standard in a case involving FDA’s cGMP (Current Good Manufacturing Practice) regulations

(D.N.J.) – Briefed a successful motion to dismiss a lawsuit brought by a plaintiff alleging correction of inventorship claims on numerous patents and a conspiracy claim based on fraud; secured a favorable ruling that the claims were barred by res judicata and that the inventorship claims were barred as untimely by the doctrine of laches (marking only the second time laches has been applied to an inventorship claim on a motion to dismiss)

(N.D. Ill.) – Briefed a successful motion to dismiss a qui tam action based on the False Claims Act’s public disclosure bar and scienter element