False Claims, Whistleblower, and Internal Investigations

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Companies engaged in high-stakes investigations and government or whistleblower litigation look to us to mitigate their liability, protect their reputation, and preserve their bottom line.

Government and whistleblower litigation has proliferated under statutes such as the False Claims Act, Sarbanes-Oxley Act, Dodd-Frank Act, and related state laws. These cases often invade the C-suite, attracting damaging media attention, threatening goodwill, and compromising business operations. Companies need a strategy in place to effectively and efficiently investigate concerns when they arise, and to zealously defend the companies interests in litigation when necessary.

How We Help

When it comes to protecting your business, our expertise is your shield. With a deep understanding of the complexities surrounding compliance and regulatory matters, we are a trusted partner in safeguarding our clients’ integrity and reputation. We are regularly tapped to handle highly sensitive and complex whistleblower cases and investigations. We pride ourselves on crafting tailored solutions, assisting clients in navigating the intricate landscape of whistleblower allegations, and ensuring compliance with all relevant laws and regulations.  When litigation cannot be avoided, our team of trial attorneys are prepared to seek early dismissal or resolution of the case through motions practice and/or settlement/ADR. If necessary, we are prepared to take cases all the way through trial and appeal.

Our Services

False Claims Act Investigation and Defense: We boast a track record of effectively safeguarding clients in high-stakes federal and state litigation arising under the False Claims Act (FCA), 31 U.S.C. § 3729-3733, including its qui tam provisions, initiated by both government entities and private individuals, i.e. “relators.” Our experience extends to providing defense in intricate fraud inquiries and enforcement proceedings. With our extensive background in critical practice areas such as government contracts, grants, healthcare, securities litigation, and claims arising under numerous federal programs, our team possesses the qualifications to comprehensively assist clients with FCA-related matters. Our services encompass compliance guidance, investigative support, and representation in litigation. We are fully prepared to pursue cases in court, but we have also achieved notable success in resolving matters prior to trial, through motions to dismiss, motions for summary judgment, and/or settlement, and look to do so  before government intervention in qui tam actions.

Whistleblower & Corporate Internal Investigations: We bring together highly experienced securities litigators, employment litigators and counselors, healthcare litigators, environmental and OSHA attorneys, and corporate compliance and transactional attorneys to address internal investigations and whistleblower claims. We help clients take command of the legal and business issues underlying these cases, create strategies for minimizing the risk of claims in the future, and design compelling remedial measures. We are able to address not only the employment issues raised in whistleblower cases, but also work with the company to assure any underlying alleged improper conduct is investigated and addressed. Many times, this requires handling pervasive issues across accounting, internal control, disclosure, corporate governance, fiduciary responsibility, executive compensation, domestic and foreign bribery, market manipulation and insider trading, and fraud.

We work across a variety of industries and often work closely with in-house legal counsel, public company officers and directors, ethics and compliance committees, business unit leaders, and human resources professionals.

Ethics & Compliance Counseling: Based on lessons we’ve learned from defending clients against allegations of fraud and misconduct, we have developed tools and techniques to counsel our clients to minimize the risk of such claims, reduce distractions to the company, and build defenses early on where litigation appears to be unavoidable. We work with clients to assess, audit, and modernize their ethics and compliance programs, including revamping codes of conduct, crafting whistleblower protection policies, develop employee certification forms, implement and test hotlines and other reporting mechanisms, consult on an effective internal communications campaign, deliver training to managers and employees of all levels, and develop predictive risk assessments. Clients have come to rely on our rapid response systems designed to promptly field, investigate, respond to whistleblower complaints and internal investigations, and make voluntary or mandatory disclosures where necessary.

The Seyfarth Experience

Seyfarth offers a multidisciplinary approach to defending clients against allegations of fraud and misconduct, coupling knowledgeable subject matter experts  with experienced litigators.  Our team draws from our premier Government Contracts, Construction, Intellectual Property, Labor & Employment, Healthcare, and Securities practices among others, with a deep knowledge of the requirements and nuances of the regulatory requirements that often form the basis for these claims.  These teams work seamlessly with our seasoned trial lawyers to provide a holistic approach to defending your company’s interests.