Defending False Claims Act Cases: Two New Tools Under The Trump Administration

Earlier this year, the Department of Justice, Civil Division, issued two policy memos that will directly affect its civil enforcement priorities, particularly with regard to healthcare and life sciences companies. The first memo, issued January 10, 2018, and publicly leaked several weeks later, details factors that the DOJ will consider when moving to dismiss a False Claims Act complaint over the objection of a plaintiff/relator. On January 25, 2018, in a second memo, the DOJ announced that it would no longer use noncompliance with guidance documents to prove violations of applicable law in civil enforcement cases. Both policy changes are favorable for companies facing False Claims Act investigations.