DOJ, AseraCare Clash Over Next Steps in FCA Saga, November 19, 2019, by Kevin Stawicki
Derek M. Adams of Feldesman Tucker Leifer Fidell LLP, a former DOJ trial attorney who now focuses on FCA defense, told Law360 on Tuesday that the government’s move is unusual because there’s already been expert discovery.
“The government wants another shot at having their expert identify additional facts to amend or change his opinion to where he might get to the point of saying that no reasonable physician could have come to a different conclusion,” Adams said. “By wanting more on the expert side, it suggests they’re concerned that the linkage between the factual testimony and the specific claims is not as tight as they would like it.”
5 Takeaways As DOJ Finds Footing in FCA Dismissal Crusade, November 15, 2019, by Jeff Overley
“It adds a new risk to the [whistleblowers’] side,” said Derek Adams, a former DOJ litigator now at Feldesman Tucker Leifer Fidell LLP. “I would be more nervous about bringing certain cases if I thought there was a likelihood that down the line in the case DOJ was going to move to dismiss.”
“You start to have a pretty interesting circuit split that could get action with the Supreme Court,” Adams said.
Gilead Suit Tests Government’s Authority to Dismiss Fraud Cases, August 22, 2019, by Valerie Bauman
In addition, the presiding judge in the case was the first ever to deny a government motion to dismiss, said Adams, the former DOJ trial lawyer. That “bodes well for the relators in the sense that they’re in front of one of the best audiences they could have for this issue,” he said.
DOJ Seems Gun-Shy with New FCA Penalty Firepower, Gilead Suit Tests Government’s Authority to Dismiss Fraud Cases, August 21, 2019, by Jeff Overley
“Does the increase in penalties affect settlement negotiations? Absolutely,” Derek Adams, an FCA defense lawyer at Feldesman Tucker Leifer Fidell LLP, told Law360. “Is DOJ using it to coerce parties into unfair settlements? I certainly don’t believe so.”
Supreme Court ruling gives whistleblowers more time to file legal action under False Claims Act, May 14, 2019, by Joanne Finnegan
[I]n practicality, there [are] only a small group of cases where whistleblowers choose to pursue legal action on their own if the federal government decides not to bring charges, Derek Adams, a partner at Washington, D.C.-based law firm Feldesman Tucker Leifer Fidell LLP, told FierceHealthcare.
Adams said he doesn’t think the ruling will lead to an increase in the number of qui tam cases. “It’s not a game-changer,” said Adams, who previously served as a trial attorney with the U.S. Department of Justice’s Civil Fraud Section.
DOJ Dismissal Power Looking Wobbly In FCA Cases, April 17, 2019, by Jeff Overley
The unusual circumstances — a deep-pocketed whistleblower company with cases all over the country and a major financial interest at stake — have some attorneys wondering whether the stage is being set for a lengthy legal battle that could ultimately reverberate across the FCA realm.
“It’s the perfect situation where we’re going to see this go up through the circuits,” Adams said, “and then ultimately could be decided by the Supreme Court.”