False Claims Act

The False Claims Act is a powerful civil enforcement tool used by the government to investigate allegations of fraud, waste and abuse. The U.S. Department of Justice (DOJ) recovers billions of dollars annually through False Claims Act settlements and judgments with a significant and growing portion of those recoveries generated by whistleblowers under the False Claims Act’s qui tam provisions. State attorneys generals also are aggressively pursuing potential violations under equivalent state statutes.

With potential treble damages and statutory penalties, the False Claims Act poses serious risks for companies doing business with the government. In dealing with potential False Claims Act violations, companies face reputational harm, potential parallel criminal exposure, debarment, and exclusion from government programs on top of the financial risks associated with False Claims Act enforcement.

Bass, Berry & Sims has a proven track record of representing clients across the country in government investigations stemming from potential False Claims Act violations and False Claims Act-related litigation involving both the government and qui tam whistleblowers. We have successfully defended clients in False Claims Act litigation in trial and appellate courts, secured dismissals of False Claims Act allegations in numerous cases, and negotiated favorable resolutions on behalf of our clients where appropriate. We have obtained groundbreaking False Claims Act rulings involving key decisions by the U.S. Courts of Appeal in the Fourth, Sixth, Eighth and Ninth Circuits, and by numerous district courts throughout the country.

With the healthcare industry comprising the vast majority of False Claims Act recoveries, our practice is well known for its experience with False Claims Act matters within the healthcare industry and healthcare fraud and abuse issues. Over the past decade, we have represented healthcare providers in virtually every state and served as counsel for healthcare companies in more than half of the False Claims Act lawsuits litigated in Tennessee, more than all other firms combined, and have litigated and/or resolved False Claims Act allegations in jurisdictions located in more than 25 states throughout the country. In addition to our healthcare experience, our cross-disciplinary team also includes subject-matter leaders with a deep understanding of regulated industries, including defense and government contracting, construction, financial services, higher education, pharmaceuticals and life sciences, and more.

Our team’s perspective is informed by attorneys who previously worked inside the government and have insight into how agencies and various state Attorneys’ General offices think about fraud and abuse issues. Among our team of more than twenty attorneys who focus specifically on False Claims Act-related issues, our attorneys include numerous individuals who have held leadership positions within DOJ and who have litigated False Claims Act cases on behalf of the United States; former leaders of the U.S. Department of Health and Human Services, Office of Counsel to the Inspector General, who helped shape federal and state regulatory requirements; a former Attorney General for Tennessee who led the state’s efforts to combat healthcare, consumer and financial services fraud; and a former Special Inspector General for the Troubled Asset Relief Program, who conducted more than 200 criminal and civil investigations involving bank, securities and mortgage fraud.

When faced with allegations of fraud, waste or abuse, clients can turn to our attorneys to effectively respond to a False Claims Act investigation and mitigate potential liability.

Allison Wiseman Acker
Associate
Audrey J. Anderson
Counsel
Richard W. Arnholt
Member
Michael K. Bassham
Senior Litigation Attorney
Angela L. Bergman
Counsel
Justin K. Brown
Counsel
Nathan F. Brown
Associate
Garrah Carter-Mason
Associate
J. Taylor Chenery
Member
Hannah Choate
Associate
Robert E. Cooper Jr.
Member
Matthew M. Curley
Member
John W. Dawson IV
Member
Brian M. Dobbs
Member
Margaret Dodson
Associate
John C. Eason
Member
Charlotte G. Elam
Associate
David R. Esquivel
Pro Bono Member
Lindsey Brown Fetzer
Member
Mary Beth Fortugno
Member
Emily E.  Fountain
Associate
Lauren M. Gaffney
Member
Scott D. Gallisdorfer
Member
Jeff H. Gibson
Member
Anna M. Grizzle
Member
Maleaka N. Guice
Associate
Jeremy  A. Gunn
Associate
Brian Irving
Associate
Brian R. Iverson
Member
Clayton P. Jackson
Associate
Stewart W. Kameen
Counsel
Ashleigh Karnell
Associate
Britt K. Latham
Member
Travis G. Lloyd
Member
William T. Mathias
Member
Jennifer  E. Michael
Member
Sara K. Morgan
Associate
Christine M. Morse
Member
Sheaniva H. Murray
Associate
Mallie A. Myers
Associate
Todd R. Overman
Member
Dawn Perez-Slavinski
Associate
Brianna R. Powell
Associate
Peter Rathmell
Associate
Lisa S. Rivera
Member
Brian D. Roark
Member
Glenn B. Rose
Member
Molly K. Ruberg
Member
Laurence B. Russell
Counsel
Taylor M. Sample
Associate
Danielle M. Sloane
Member
Page Minton Smith
Associate
Briana Sprick Schuster
Associate
Roee Talmor
Associate
Julia Tamulis
Member
Nesrin Garan Tift
Member
Hannah E. Webber
Associate
Abby Yi
Associate
Sylvia Yi
Associate
Jessalyn H. Zeigler
Member