Paul M. Thompson Paul M. Thompson

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Paul M. Thompson focuses his practice on white-collar criminal defense, congressional investigations and appellate matters. He is a current member of the Firm-wide Management Committee and a former member of the Firm’s Executive Committee. From 2011 to 2015, Paul served as partner-in-charge of the Washington, DC office. Read Paul M. Thompson's full bio.

District Court Dismisses FCA and Retaliation Claims Based on Allegations That Government Contractor Charged an “Unreasonable Price”

By on Mar 3, 2016
Posted In Knowledge/Scienter, Retaliation

On February 25, 2016, the United States District Court for the Eastern District of Virginia dismissed a False Claims Act (FCA) case alleging that PAE Government Services (PAE) intentionally overcharged the Department of State (DOS) for bottled water supplied to various facilities in Iraq.  United States of America ex rel. Anthony Garzione, 2016 WL 775780...

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SDNY Holds that Corporate Attorney-Client Privilege Trumps Individual Advice-of-Counsel Defense

By and on Sep 29, 2015
Posted In Knowledge/Scienter, Uncategorized

In the wake of the U.S. Department of Justice’s (DOJ) recent memorandum regarding increased focus on individual culpability for corporate wrongdoing (on which we previously posted here) comes a district court decision with significant implications for individuals who attempt to assert an advice-of-counsel defense based on consultation with company counsel. In a September 22, 2015...

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Fifth Circuit Enforces High Rule 9(b) Bar in Affirming Dismissal of Implied Certification Case

By on Jul 20, 2015
Posted In Rule 9(b) Particularity

In U.S. ex rel Gage v. Davis S.R. Aviation, LLC, the U.S. Court of Appeals for the Fifth Circuit confirmed the high degree of specificity needed to successfully plead a claim under the False Claims Act (FCA). Affirming the lower court’s dismissal on Rule 9(b) grounds, the court held that a plaintiff who alleged that...

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Supreme Court Rules on Wartime Tolling of FCA Statute of Limitations and FCA’s First-to-File Bar in Kellogg Brown & Root v. United States ex rel. Carter

By on May 27, 2015
Posted In Uncategorized

On May 26, 2015, the Supreme Court issued a unanimous opinion in Kellogg Brown & Root v. United States ex rel. Carter (S. Ct. No. 12-1497), a case addressing several important issues under the False Claims Act (FCA).  In a previous post, we laid out the two issues in this case.  First, when the United...

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Cert Petition Denied in Gonzalez v. Planned Parenthood

By and on May 19, 2015
Posted In Government Knowledge

In a previous post, we discussed the petition for certiorari in Gonzalez v. Planned Parenthood of Los Angeles (S. Ct. No. 14-4080), a False Claims Act (FCA) case in which the relator alleged that Planned Parenthood knowingly overcharged the government for contraceptives it provided to low-income individuals in California. In Gonzalez, the Ninth Circuit held...

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Cert Petition in Gonzalez v. Planned Parenthood Raises Questions Regarding Role of Government Knowledge

By and on Apr 28, 2015
Posted In Government Knowledge, Knowledge/Scienter, Uncategorized

The U.S. Supreme Court will decide within the next few weeks whether to hear a False Claims Act (FCA) case that has garnered media attention because it involves alleged wrongdoing by Planned Parenthood.  In Gonzalez v. Planned Parenthood of Los Angeles (No. CV 05-8818, C.D. Cal.), the relator alleged that Planned Parenthood knowingly overcharged the...

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New Board Compliance Guidance Prompts General Counsel Focus

By , and on Apr 27, 2015
Posted In Director and Officer Liability and Accountability

Health care general counsel should review and brief their internal clients on the new Practical Guidance for Health Care Governing Boards on Compliance Oversight (Guidance), released on April 20, 2015.  A joint effort by the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS), the Association of Healthcare Internal Auditors, the...

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FCA Enforcement Action to Watch: Government Intervened in Reverse False Claims Case

By on Feb 26, 2015
Posted In Reverse False Claims

With a motion to dismiss pending in the United States District Court for the Southern District of New York, United States of America ex rel. Kane v. Continuum Health Partners, Inc., Case No. 11-2325, is the False Claims Act (FCA) case to watch in 2015.  It is the first “reverse false claims” case where the...

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Seventh Circuit Broadly Interprets “Referral” Under AKS

By on Feb 24, 2015
Posted In Anti-Kickback Statute / Stark Law, Stark

On February 10, 2015, the United States Court of Appeals for the Seventh Circuit broadly interpreted the term “referral” in the Anti-Kickback Statute (AKS), in a decision that could have significant implications for health care professionals.  The court held that a physician makes a “referral” under the AKS when he or she makes a “certification...

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Welcome to McDermott’s FCA Update Blog!

By , and on Feb 10, 2015
Posted In Uncategorized

Welcome to FCA Update!  As the volume of False Claims Act (FCA) investigations and qui tam (or “whistleblower”) litigation continues to rise at a rapid pace, McDermott’s FCA defense practice has launched FCA Update to share our observations and insights regarding the most recent developments in this evolving area of law.  Our contributors will include...

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