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Our attorneys bring an unparalleled breadth of experience in the False Claims Act to clients facing a government fraud investigation or lawsuit brought by the government or private whistleblowers. We have represented a variety of corporations in all phases of False Claims Act investigations and suits, and have reached optimal results for clients in the civil, criminal, and administrative resolution of their cases.
Covington’s White Collar Defense & Investigations practice -- one of the largest concentrations of former prosecutors in private practice -- is complemented by the unique government experience of several of our attorneys, including a former Deputy Associate Attorney General, a former Court of Federal Claims judge, and two former Trial Attorneys from the Fraud Section of the Civil Division. These experiences provide our clients with invaluable insight into and a deep familiarity with the process of investigating, litigating, and settling civil, criminal, and administrative claims which arise in a government fraud case. Covington’s premier health care practice and representation of major defense contractors provides clients from target industries with cutting edge False Claims Act defense strategies.
Representative Matters
- A unique practice in pharmaceutical False Claims Act cases:
- Represented Pfizer Inc in obtaining the dismissal of a qui tam complaint on grounds that the allegations provided inadequate particularity.
- Lead counsel to Pfizer Inc on numerous investigations into physician interaction practices and the marketing and promotion of various prescription drugs by the United States Department of Justice (DOJ), multiple state Attorneys General, Congress and the U.S. Securities and Exchange Commission (SEC).
- Lead counsel to GlaxoSmithKline in a DOJ investigation into physician payments, sales and marketing issues and good manufacturing practices, as well in federal and state lawsuits challenging Average Wholesale Price (AWP) drug pricing.
- Lead counsel to Johnson & Johnson in an investigation by the DOJ into alleged off-label promotion and managed care relationships.
- Obtained a deferred prosecution agreement and a civil settlement with payments spread over time for Intermune, Inc.
- Obtained a non-prosecution agreement in resolving allegations of off-label promotion for another pharmaceutical client.
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