SETTLEMENT CASE STUDY
Strategies for Negotiating a Favorable FCA Settlement
Most intervened False Claims Act cases, and an increasing number of non-intervened cases, are ultimately resolved through negotiated settlements. This panel will address strategies employed by defense and relator’s counsel to obtain favorable settlements in both intervened and non-intervened FCA cases, including:
- Timing of discussions
- Whether and when to include the relator’s counsel in intervened cases, or government counsel in non-intervened cases
- Assessing damages, multipliers, and civil penalties
- How to address ancillary issues such as suspension/debarment, the relator’s attorneys’ fees, and any whistleblower retaliation claims.