Photo of Brian Tully McLaughlinPhoto of Lyndsay GortonPhoto of Nkechi KanuPhoto of Payal NanavatiPhoto of Matthew Vicinanzo

2021 was another busy year in False Claims Act enforcement and litigation. Significant decisions were issued across the circuits, spanning government dismissal authority, materiality, scienter, Rule 9(b) pleading standards, the Eighth Amendment’s Excessive Fines Clause, and more. The year also saw proposed amendments introduced by Senator Chuck Grassley aimed at strengthening the statute and overruling certain case law developments, as well as a renewed and confirmed focus on COVID-19 funding fraud enforcement and the launch of a new cybersecurity fraud initiative. These highlights are among the important developments discussed by C&M attorneys in a “Feature Comment” published in The Government Contractor.

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Photo of Brian Tully McLaughlin Brian Tully McLaughlin

Brian Tully McLaughlin is a partner in the Government Contracts Group in Washington, D.C. and co-chair of the False Claims Act Practice. Tully’s practice focuses on False Claims Act investigations and litigation, particularly trial and appellate work, as well as litigation of a…

Brian Tully McLaughlin is a partner in the Government Contracts Group in Washington, D.C. and co-chair of the False Claims Act Practice. Tully’s practice focuses on False Claims Act investigations and litigation, particularly trial and appellate work, as well as litigation of a variety of complex claims, disputes, and recovery matters. Tully’s False Claims Act experience spans procurement fraud, healthcare fraud, defense industry fraud, and more. He conducts internal investigations and represents clients in government investigations who are facing fraud or False Claims Act allegations. Tully has successfully litigated False Claims Act cases through trial and appeal, both those brought by whistleblowers / qui tam relators and the Department of Justice alike. He also focuses on affirmative claims recovery matters, analyzing potential claims and changes, counseling clients, and representing government contractors, including subcontractors, in claims and disputes proceedings before administrative boards of contract appeals and the Court of Federal Claims, as well as in international arbitration. His claims recovery experience includes unprecedented damages and fee awards. Tully has appeared and tried cases before judges and juries in federal district courts, state courts, and administrative boards of contract appeals, and he has argued successful appeals before the D.C. Circuit, the Federal Circuit, and the Fourth and Seventh Circuits.

Photo of Lyndsay Gorton Lyndsay Gorton

Lyndsay Gorton is a Government Contracts counsel in Crowell & Moring’s Washington, D.C. office. Her practice focuses on government contracts litigation and counseling, including government investigations, fraud matters under the False Claims Act, bid protests, and federal and state regulatory compliance. In addition…

Lyndsay Gorton is a Government Contracts counsel in Crowell & Moring’s Washington, D.C. office. Her practice focuses on government contracts litigation and counseling, including government investigations, fraud matters under the False Claims Act, bid protests, and federal and state regulatory compliance. In addition to her primary government contracts practice, Lyndsay has federal court litigation experience representing a broad variety of clients in commercial litigation matters, and has led and managed teams at every stage of litigation, including discovery, dispositive motion practice, trial, and settlement. She also uses her litigation experience to assist her clients with internal investigations, risk management, and compliance.

Photo of Matthew Vicinanzo Matthew Vicinanzo

Matthew Vicinanzo is an associate in the firm’s Washington, D.C. office, where he practices in the Health Care and Government Contracts groups. Matthew represents and counsels health care entities and a variety of government contractors in litigation matters, including the False Claims Act…

Matthew Vicinanzo is an associate in the firm’s Washington, D.C. office, where he practices in the Health Care and Government Contracts groups. Matthew represents and counsels health care entities and a variety of government contractors in litigation matters, including the False Claims Act, as well as in various regulatory and compliance matters.

Matthew’s recent representative matters include:

  • Representing government contractors and health care entities in government investigations and internal investigations relating to the civil False Claims Act and criminal fraud statutes.
  • Representing clients in responding to Civil Investigative Demands from federal and state agencies.
  • Defending the owner of a small woman-owned radio station in a suit brought by the Department of Justice alleging that the owner violated the False Claims Act by improperly retaining a “new entrant” bidding credit.
  • Providing fraud and abuse compliance counseling and regulatory counseling to a private-equity owned health system in the acquisition of two academically affiliated hospitals.
  • Providing state-specific regulatory compliance advice for a Fortune 100 company regarding pharmaceutical distribution.