False Claims Act / Whistleblower Litigation
Bondurant has more than 25 years of experience representing clients in False Claims Act (FCA) and whistleblower litigation. We have defended companies ranging from Fortune 500 corporations to small medical practices in FCA actions initiated by relators and the government, and we regularly assist clients in responding to civil investigative demands and related government inquiries. When private relators elect to proceed without government intervention, our attorneys have successfully obtained dismissals at the pleading stage. On the plaintiff side, we have pursued FCA and whistleblower claims that brought serious misconduct to light, resulting in recoveries exceeding $750 million, including the largest FCA recovery in Georgia history.
Our FCA work spans both prosecution and defense. For relators, we secured a $600 million global settlement in an action against a pharmaceutical company for unlawful off-label marketing. On the defense side, we have achieved dismissals for clients in industries from healthcare to finance, including successful appeals up to the Eleventh Circuit. This perspective allows us to anticipate strategies on both sides and deliver practical, effective solutions in one of the most challenging areas of litigation.
Representative Work
Relator (Whistleblower) Cases
Secured a $600 million global civil/criminal settlement in an FCA action against a global pharmaceutical company for illegal off-label marketing of Botox, the largest recovery in Georgia at the time and one of the top 25 FCA recoveries in history.
Obtained a $2.5 million settlement in an FCA case involving systemic failure of care at a nursing home, the largest FCA recovery for failure-of-care at a single skilled nursing facility at the time.
Obtained a $166 million global civil/criminal settlement in an FCA case involving illegal, off-label marketing of Nuedexta for unapproved uses in long-term care facilities and payments of kickbacks to high-prescribing physicians.
Secured a $1.95 million settlement in an FCA action again against a medical billing company for altering diagnosis codes on Medicare and Medicaid claims.
Defense Cases
Defended a nationwide SBA-backed commercial loan broker in an FCA action brought by a hedge fund over underwriting practices. The motion to dismiss was granted based on publicly disclosed information, with the dismissal upheld by the Eleventh Circuit Court of Appeals.
Represented a publicly traded durable medical equipment company in an FCA action, securing dismissal based on failure to meet Fed. R. Civ. P. 9(b) pleading standards. The dismissal was upheld by the Eleventh Circuit, and the U.S. Supreme Court denied the relator’s certiorari petition.
Defended multiple occupational therapy clinics in an FCA action, securing the disqualification of the plaintiff’s counsel for professional misconduct. The case was dismissed for failure to prosecute, with the dismissal upheld by the Eleventh Circuit.
