FCA Alert

FCA Alert

Tag Archives: Amgen

Amgen Seeks Supreme Court Review of Implied Certification Theory of Liability Under the False Claims Act

Posted in Decisions Interpreting FCA Elements
The U.S. Courts of Appeals have been wrestling with the reach of the False Claims Act when the actual claim submitted to the government is not “factually false.”  Some courts have adopted a framework in which a claim that is true on its face can be considered “legally false” where a party somehow involved in… Continue Reading

False Claims Act Developments

Posted in Articles
To learn more about recent developments in False Claims Act litigation and the measures companies may take to reduce FCA exposure, please see the two publications below: Compliance Programs:  An Answer to the Risks Posed by the False Claims Act, originally published in the August 2011 issue of Metropolitan Corporate Counsel. Litigating False Claims Act Cases in the First… Continue Reading

E.D.N.Y. Court Allows Government to Contact Amgen Employees Outside the Presence of Amgen’s Counsel

Posted in Investigations
Amgen alleged that government lawyers violated Rule 4.2 of the New York Code of Professional Responsibility by communicating with present and former Amgen employees in connection with a grand jury proceeding and False Claims Act qui tam litigation.  Amgen sought a protective order to require the government to comply with Rule 4.2, referred to as the “no-contact… Continue Reading