In separate articles, Bass, Berry & Sims attorneys Brian Roark and Matt Curley discussed the January 10, 2018, memo released by the Department of Justice (DOJ) outlining when the government should consider dismissing False Claims Act (FCA) cases brought by whistleblowers.

Matt provided the insight for Law360 who assembled a panel of attorneys to comment on the impact of the memo.

“Where this memo may have its most significant impact is in cases where the DOJ has concerns about the consequences flowing from the failure of the allegations in a declined qui tam to meet Escobar’s demanding materiality standard. While the body of case law applying Escobar continues to develop, look for the DOJ to use its authority to head-off possible unfavorable decisions on the issue of materiality.”

The full article, “Attys React to DOJ’s New Memo on FCA Dismissals,” was published January 25, 2018, by Law360 and is available online.

Brian provided insight for Bloomberg BNA’s Health Law Resource Center.

The memo “does not appear to break new ground but merely catalogs past examples of the government moving to dismiss qui tams.… The memo “was disappointing in not pushing government lawyers to more aggressively seek dismissal of declined qui tam lawsuits.”

The full article, “DOJ Memo Could Facilitate False Claims Lawsuit Dismissals,” was published January 26, 2018, by Bloomberg BNA’s Health Law Resource Center and is available online.