Under the False Claims Act’s (“FCA”) first-to-file bar, “no person other than the Government may intervene or bring a related action based on the facts underlying the pending action.” But can a relator amend her complaint to add, remove, or substitute relators without violating the first-to-file bar? Recently, the Third Circuit in In re Plavix
Christopher Denig
Chris Denig, who has been named by The American Lawyer as "Litigator of the Week" for his False Claims Act litigation work, represents major corporations, boards of directors, and senior executives in high stakes government enforcement matters, sensitive internal investigations, and complex False Claims Act investigations and litigation, as well as other litigation and compliance matters. Chris was co-lead counsel in U.S. ex rel. Polansky v. Executive Health Resources (EHR) an important False Claims Act case, successfully representing EHR in the EDPA, Third Circuit, and ultimately a win in the United States Supreme Court.
As a partner in the White Collar Defense and Investigations practice, Chris routinely represents clients before the U.S. Department of Justice, Securities & Exchange Commission, Congress, State Attorneys General, and other law enforcement and regulatory agencies. Chris has advised clients in the life sciences, financial services, defense, technology, Gaming, and manufacturing industries on a variety of white collar matters including those relating to corporate whistleblowers, cybersecurity, accounting fraud, insider trading, export controls, foreign bribery, government contracting, the Animal Welfare Act, and Clean Water Act.
He regularly represents major pharmaceutical and medical device companies with issues relating to current Good Manufacturing Practices (cGMP), off-label promotion, kickbacks, Park issues, state consumer protection/unlawful trade practices issues, as well as False Claims Act and other civil litigation.
Chris clerked for Judge Richard M. Berman of the U.S. District Court for the Southern District of New York. He earned his J.D. from Columbia Law School and B.A. from Swarthmore College.
Senior DOJ Attorneys Speak About FCA Enforcement Priorities, Dismissal, and Cooperation
On February 27 and 28, 2020, Joseph H. (Jody) Hunt, Assistant Attorney General for DOJ’s Civil Division, and Michael Granston, Deputy Assistant Attorney General, Commercial Litigation Branch, spoke about False Claims Act (“FCA”) enforcement at the Federal Bar Association’s annual Qui Tam Conference in Washington, D.C. They highlighted FCA enforcement priorities for 2020, and offered insights on the Department’s dismissal policy and cooperation policy – two topics that Deputy Associate Attorney General Stephen Cox also addressed in remarks earlier this year.
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