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Covington helps clients in regulated industries navigate the most complex False Claims Act (FCA) investigations and litigation. The stakes are always high–companies face not only treble damages and statutory penalties, but also potential criminal liability, debarment, exclusion, reputational risk, and other consequences. Covington marries deep FCA and white collar experience with substantive expertise to solve our clients’ problems. This combination of skills has led the world’s leading companies to turn to us for sophisticated counsel at every stage of the FCA investigation and defense process.

FCA and White Collar Experience. More than a dozen partners and counsel at the firm focus their practice on FCA defense, and many have focused their practice in this area for more than 20 years. As a result, our lawyers are intimately familiar with the statute and the investigative and litigation process. We know the civil and criminal lawyers at DOJ Main Justice, and in the U.S. Attorney’s offices around the country that routinely handle FCA matters. We have helped shape the way that the statute has been enforced over the past 20 years, especially as Congress and the courts have reshaped the landscape. This deep experience translates into critical benefits for our clients–we do not need to reinvent any wheel, and our reputation with the DOJ, qui tam counsel, and the OIG community can help achieve positive results.

Substantive Expertise. We know the regulations, statutes, and contract provisions that lie at the heart of every FCA matter. Our substantive health care, FDA, government contracts, and other regulatory expertise provide a distinct advantage for our clients in FCA-related litigation. We understand the business and regulatory challenges unique to regulated industries, and the inner workings of the relevant government agencies.

Covington’s collaborative culture provides our clients with the best FCA defense team at the firm, because our front-line FCA and white collar lawyers can draw effortlessly on the substantive insights of our regulatory practitioners. This teamwork provides strategic and tactical advantages at every step, from initial fact-finding through discovery, settlement, and trial.

Results. Our lawyers have handled some of the most significant matters brought under the FCA since the statute’s reinvigoration in 1986. A lengthy track record of securing government declinations, outright dismissals, and favorable judgments and settlements in FCA matters speaks for itself. Our deep experience handling a range of FCA matters–whether initiated through qui tam actions or by the government–allows us to help our clients throughout a matter’s lifecycle and informs our strategic decision-making at each step. This storehouse of FCA experience also means that we can handle cases in a streamlined and cost-effective manner, directly inuring to the benefit of our clients. See below to further explore our FCA capabilities and experience on behalf of clients across a range of industries.