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Corporate Governance Employment Law Whistleblower Laws

Follow Up on False Claims Act Actions

The authors discuss several steps to take in order to avoid the pitfalls that could accompany lengthy exposure vis-à-vis state false claims actions.


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You are the Senior Vice President and General Counsel at Pharmaceutical Company ABC. For years, you have been responding to multiple subpoenas from the Civil Division of the U.S. Attorney’s Office in your District. You have produced hundreds of thousands of documents in response. You have held multiple meetings with Assistant U.S. Attorneys and representatives from the U.S. Department of Health and Human Service’s Office of Inspector General (OIG), during which the government has asserted that it is investigating whether ABC has been defrauding the Centers for Medicare and Medicaid Services (CMS).

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