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O’Melveny’s Leviss Quoted in Law360 on FCA-Related Ruling

October 18, 2013 O’Melveny & Myers partner David Leviss was quoted in an October 17, 2013, Law360 article titled “FCA's Scope Widens As 8th Circ. Embraces Little-Used Theory.”  The piece focuses on a recent Eighth Circuit Ruling that may allow the federal government to recover every payment made to drug manufacturers if they engage in misleading conduct.  According to the article, this ruling strengthens the False Claims Act (FCA) argument, and leaves millions of dollars in payments in question.  “Ultimately, the False Claims Act is designed to address harm to the government. It’s not about a windfall for the government. It’s about making the government whole,” Leviss said in the article, adding that he anticipates courts will “continue to apply a high threshold for what a relator is required to allege in bringing a fraud-in-the-inducement theory.”

Leviss is a member of O’Melveny’s White Collar Defense and Corporate Investigations Practice, and resides in the Firm’s Washington, DC office.