The Hottest FCA Cases & Trends To Watch In 2023

Matthew Dunn's commentary was included in a piece by Law360 covering the hottest topics that FCA practitioners will be tracking over the next 12 months.

Matthew commented about seeking clarify from the Courts regarding the Anti-Kickback Statute, which is a basis of False Claims Act liability and has led to numerous settlements with drug companies.

At issue is when AKS liability exists. "Is some kind of corrupt intent required? ... That's certainly what I would argue," Matt said. "We expect that [question] to continue to be a key issue in investigations related to alleged AKS violations and related False Claims Act litigation."

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