Michael Vernick Speaks with CCBJ on Increased FCA Enforcement Activity

Akin Gump government contracts practice head Michael Vernick was featured in the Corporate Counsel Business Journal article “The Expanding Scope of False Claims Enforcement Activity,” discussing the recent increase in False Claims Act (FCA) cases and offers advice as to how companies and institutions can mitigate whistleblower and compliance related risks.

Among the topics covered, Vernick addressed the significant rise in FCA cases in 2020, explaining, “A large part of the reason that FCA cases have continued to increase is that we are seeing an ever greater number of whistleblower/qui tam cases being filed.” He further expounded to discuss how he approached this issue with his clients last year, saying he spent “a lot of time working with clients on compliance programs, specifically helping them navigate potential whistleblower situations and reducing the risk of a case being filed.”

Vernick also noted that he expects to see further increase in FCA activity under the Biden administration, noting “I think they’ve been pretty clear that they are going to aggressively pursue FCA cases and when that is combined with, among other factors, the very substantial government spending related to the pandemic I suspect we’ll see more FCA activity.”

The article concludes with Vernick discussing his approach to working with client as they seek to mitigate whistleblower risk, saying “We take great pride in our ability to help clients develop and implement effective compliance programs. We try to do that in a way that really focuses on identifying and removing barriers to compliance rather than just writing policies and procedures.”

To read the article in its entirety, please click here.