Numerous False Claims Act matters

Clients have relied on Davis Polk to defend False Claims Act lawsuits and related civil, criminal and congressional investigations for decades. Our work includes:

• Won dismissal of qui tam litigation on behalf of the State of New York seeking $2.4 billion in damages against Citigroup relating to its sale and repurchase of preferred stock to and from the U.S. Treasury during the financial crisis.
• Won dismissal of qui tam litigation alleging claims under the Illinois and Chicago False Claims Acts against Morgan Stanley relating to its purchase and securitization of subprime mortgage loans throughout Illinois. Plaintiff sought potentially billions of dollars in damages as measured by the costs incurred by the city of Chicago and state of Illinois in the wake of the financial crisis.
• Represented a multinational optical product manufacturer in connection with a qui tam action alleging violations of the False Claims Act and various state false claims and anti-kickback statutes, along with related inquiries from the DOJ, various state attorneys general and the California Department of Insurance regarding incentives offered to healthcare professionals.
• Represented a global financial institution in federal and state qui tam False Claims Act actions related to earlier resolutions of sanctions-related government inquiries.
• Represented Pfizer in multiple qui tam lawsuits alleging violations of the False Claims Act. In one case, we successfully defeated two attempts to certify nationwide classes of consumers and private health insurers in a multibillion-dollar action.
• Represented Verisk Analytics, as a third party, in connection with a qui tam lawsuit alleging violations of the False Claims Act.
• Represented the Chairman, President and CEO of Forest Laboratories in connection with a proceeding by the Office of Inspector General, Department of Health and Human Services in connection with alleged violations of the False Claims Act.
• Represented Warner-Lambert (n/k/a Pfizer) in criminal and civil investigations by the U.S. Attorney’s Office and two groups of state attorneys general, as well as a federal qui tam suit brought under the False Claims Act and two lawsuits alleging various claims under state consumer protection statutes, in connection with its promotion of Neurontin.
• Represented numerous other clients in investigations by the DOJ and other government entities into potential violations of the False Claims Act.

Members of the Davis Polk teams are based in the New York, Washington DC and Northern California offices.