The False Claims Act, 31 U.S.C. §§ 3729 et seq. (FCA), continued to be a significant focus of government and whistleblower activity in 2018. This Year in Review highlights several key developments, including:
- The recovery by the government of more than $2.8 billion in settlements and judgments in FCA cases in 2018.
- The aftermath of the Supreme Court’s landmark decision in Escobar and the varying interpretations of “materiality” under the FCA.
- Significant judicial decisions regarding the first‑to‑file rule, the public disclosure bar, and pleading requirements for FCA cases, among other issues.