False Claims Act/Qui Tam Litigation

(U.S.); (4th Cir.); (E.D. Va.) — Won 9-0 ruling from the Supreme Court in landmark decision that Wartime Suspension of Limitations Act does not toll the statute of limitations in civil fraud cases, including the False Claims Act

(Fed. Cl.) — Defended a government contractor in a $1.4 billion fraud trial against the United States that resulted in judgment for the government contractor on all but one claim, which resulted in a low value negotiated settlement

(D.C. Cir.); (D.D.C.) — Won summary judgment in this non-intervened qui tam regarding morale, welfare, and recreation services; affirmed on appeal in first post-Escobar case in D.C. Circuit

(S.D. Tex.); (Fifth Circuit) — Defended a global supplier of telecommunications products in qui tam action regarding its provision of services to schools and libraries under the federal E-Rate program; although the district court denied a motion to dismiss, the Fifth Circuit reversed and held on an issue of first impression that funds from the E-Rate program are not “provided by” the United States for purposes of the False Claims Act

(D.C. Cir.); (D.D.C.) — Represented a government contractor in qui tam action in which V&E successfully obtained two writs of mandamus vindicating the contractor’s claim of attorney-client privilege over materials created during an internal investigation led by company lawyers; subsequently won summary judgment on all counts

(4th Cir.); (E.D. Va.) — Obtained dismissal of qui tam against a government contractor on grounds that alleged contractual deficiencies do not create False Claims Act liability; appellate court affirmed the dismissal in a published opinion that has been cited in countless False Claims Act cases since

(C.D. Ill.) — Successfully defended a government contractor in qui tam action where a relator sought more than $600 million in damages and penalties; relator voluntarily dismissed the suit after V&E won a parallel contract interpretation suit against the Army in which the Army adopted the contractor’s interpretation of the contract, which preempted relator’s claims

(E.D. Va.) — Defended a global supplier of communications and security products in qui tam action regarding its dealings with a government customer that resulted in favorable settlement at a small fraction of the United States’ original damages claim

(S.D. Tex.) — Represented an individual in a large mortgage FCA case brought by DOJ in which the individual was charged with violating FIRREA by making false statements and certifications to the Department of Housing and Urban Development

(E.D. La.) — Obtained dismissal of qui tam alleging false statements and reverse false claims by operators of offshore production facilities under federal oil and gas leases

(E.D. Tex.) — Obtained dismissal of intervened qui tam and Anti-Kickback Act claim regarding kickbacks; the government did not appeal the FCA claim

(D. Colo.) — V&E was hired, after an adverse jury verdict, to handle post-verdict motions and the appeal in this qui tam royalty case; V&E obtained a favorable ruling awarding minimal amounts of statutory penalties and subsequently settled the case on favorable terms