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Litigation

False Claims Act

False Claims Act

Cravath represents and advises clients on a range of high‑stakes matters relating to the federal False Claims Act (FCA) and similar state legislation, which permit private individuals to initiate lawsuits alleging that the government has been defrauded and to claim a share of any resulting recovery. 

Our experience in this area includes successfully defending corporations that have been sued under the FCA, conducting internal investigations and crafting and implementing compliance and remedial programs to protect clients from future FCA exposure. We have represented clients in qui tam litigation, in which we have obtained early dismissal or resolution of relator suits. We have also represented clients in connection with other matters relating to the FCA, such as employment retaliation claims asserted by whistleblowers, related shareholder litigation and SEC investigations and various corporate governance and disclosure issues. 

Cravath’s attorneys have previously held senior positions in the Department of Justice and the Securities and Exchange Commission. Our team also includes lawyers with extensive experience in highly regulated industries most at‑risk for FCA suits, including pharmaceuticals and financial services.

Our experience in this area includes successfully defending corporations that have been sued under the FCA, conducting internal investigations and crafting and implementing compliance and remedial programs to protect clients from future FCA exposure. We have represented clients in qui tam litigation, in which we have obtained early dismissal or resolution of relator suits. We have also represented clients in connection with other matters relating to the FCA, such as employment retaliation claims asserted by whistleblowers, related shareholder litigation and SEC investigations and various corporate governance and disclosure issues. 

Cravath’s attorneys have previously held senior positions in the Department of Justice and the Securities and Exchange Commission. Our team also includes lawyers with extensive experience in highly regulated industries most at‑risk for FCA suits, including pharmaceuticals and financial services.

  • Recent News & Insights

Activities

December 12, 2024

Rachel Skaistis Featured in Lawdragon’s “Lawyer Limelight” Series

On November 12, 2024, Cravath partner Rachel Skaistis was profiled in Lawdragon’s “Lawyer Limelight” series alongside her sister Hannah Ross, who is a partner at a different New York-based law firm. In the joint Q&A, Rachel and Hannah discussed their parallel paths to partnership and reflected on their individual practices in securities law. Describing what she is proudest of in her work, Rachel said: “I have had the privilege of working with such amazing lawyers, and I’ve gotten to learn from so many litigation styles. But it is nice to get to a point where you feel like you have found a style of practicing and advising your clients that is true to who you are.” The sisters also spoke about the mentors and role models, including each other, who helped shape their careers as female litigators.

Publications

November 22, 2024

John Buretta and Megan Lew Author Chapter in Global Investigations Review’s “The Practitioner’s Guide To Global Investigations – Ninth Edition”

Cravath partner John D. Buretta authored a chapter on cooperating with U.S. authorities in Global Investigations Review’s “The Practitioner’s Guide To Global Investigations – Ninth Edition,” which was published on November 13, 2024. The chapter, co‑authored by of counsel Megan Y. Lew and associate Benjamin S. Spiegel, reviews how U.S. government authorities define cooperation, identifies the pros and cons of cooperating with the authorities and highlights special considerations in multi agency and cross border investigations.

Publications

February 20, 2024

John Buretta and Megan Lew Author Chapter in Global Investigations Review’s “The Practitioner’s Guide To Global Investigations – Eighth Edition”

Cravath partner John D. Buretta authored a chapter on cooperating with U.S. authorities in Global Investigations Review’s “The Practitioner’s Guide To Global Investigations – Eighth Edition,” which was published on January 10, 2024. The chapter, co‑authored by of counsel Megan Y. Lew and associate Benjamin S. Spiegel, reviews how U.S. government authorities define cooperation, identifies the pros and cons of cooperating with the authorities and highlights special considerations in multi‑agency and cross‑border investigations.

Activities

December 12, 2024

Rachel Skaistis Featured in Lawdragon’s “Lawyer Limelight” Series

On November 12, 2024, Cravath partner Rachel Skaistis was profiled in Lawdragon’s “Lawyer Limelight” series alongside her sister Hannah Ross, who is a partner at a different New York-based law firm. In the joint Q&A, Rachel and Hannah discussed their parallel paths to partnership and reflected on their individual practices in securities law. Describing what she is proudest of in her work, Rachel said: “I have had the privilege of working with such amazing lawyers, and I’ve gotten to learn from so many litigation styles. But it is nice to get to a point where you feel like you have found a style of practicing and advising your clients that is true to who you are.” The sisters also spoke about the mentors and role models, including each other, who helped shape their careers as female litigators.

Publications

November 22, 2024

John Buretta and Megan Lew Author Chapter in Global Investigations Review’s “The Practitioner’s Guide To Global Investigations – Ninth Edition”

Cravath partner John D. Buretta authored a chapter on cooperating with U.S. authorities in Global Investigations Review’s “The Practitioner’s Guide To Global Investigations – Ninth Edition,” which was published on November 13, 2024. The chapter, co‑authored by of counsel Megan Y. Lew and associate Benjamin S. Spiegel, reviews how U.S. government authorities define cooperation, identifies the pros and cons of cooperating with the authorities and highlights special considerations in multi agency and cross border investigations.

Publications

February 20, 2024

John Buretta and Megan Lew Author Chapter in Global Investigations Review’s “The Practitioner’s Guide To Global Investigations – Eighth Edition”

Cravath partner John D. Buretta authored a chapter on cooperating with U.S. authorities in Global Investigations Review’s “The Practitioner’s Guide To Global Investigations – Eighth Edition,” which was published on January 10, 2024. The chapter, co‑authored by of counsel Megan Y. Lew and associate Benjamin S. Spiegel, reviews how U.S. government authorities define cooperation, identifies the pros and cons of cooperating with the authorities and highlights special considerations in multi‑agency and cross‑border investigations.

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False Claims Act

Cravath Bicentennial

Celebrating 200 years of partnership. In 2019, we celebrated our bicentennial. Our history mirrors that of our nation. Integral to our story is our culture.

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