Elizabeth Arias Gray is an experienced litigator who defends companies against the rising tide of False Claims Act cases brought by both private whistleblowers and government enforcers. Drawing on her deep knowledge of the FCA’s intricacies, Elizabeth identifies arguments and devises strategies that help protect her clients’ interests at every stage of a complaint, from investigation and motion practice through discovery and appeal. She has litigated against the US Department of Justice and State Attorneys General as well as individual relators, successfully narrowing claims and minimizing exposure. A member of the defense team in a closely watched Medicare fraud case, Elizabeth helped convince a federal judge that the FCA’s qui tam provision violates the Constitution’s Appointments Clause—a decision with potentially profound ramifications.
Elizabeth’s FCA skillset positions her to offer guidance to a wide variety of companies participating in the government supply chain. Her clients include government contractors facing allegations of false claims made to a variety of state and federal programs, including Medicare Advantage, the Affordable Care Act, and various state Medicaid Programs—as well as violations of anti-kickback laws and FCA retaliation provisions. Elizabeth has advised clients on FCA risk in connection with escrow litigation and merger agreements. And with the emergence of the FCA as an all-purpose enforcement tool, Elizabeth continues to tailor FCA defenses to new industries and regulatory schemes. Elizabeth understands that the nature and evolution of FCA litigation can present significant forward-looking risk and advises clients on managing that risk.
Elizabeth maintains an active pro bono practice, which includes defending prisoners’ rights and ensuring due process for immigrants. Earlier in her career, she clerked for the Honorable Jesus G. Bernal of the Central District of California and externed for the late Stephen R. Reinhardt of the Ninth Circuit Court of Appeals.
- Defended a major health insurer against first-of-their-kind FCA claims based on submissions to the Affordable Care Act’s risk adjustment program
- Represented a government contractor in billion-dollar litigation brought by the Department of Justice over the contractor’s use of algorithms to mine patient records
- Obtained complete dismissal with prejudice of novel claims based on premiums charged by plans under the Affordable Care Act
- Significantly narrowed the scope of a wide-ranging consolidated case filed against a major health insurer by multiple private whistleblowers under the FCA’s first-to-file bar
- Obtained dismissal of FCA claims brought by a private whistleblower based on nuances of FCA’s statute of repose
- Won affirmance of dismissal of a False Claims Act suit brough against a major Medicare Advantage Organization on appeal at the Eleventh Circuit
- Narrowed scope of FCA kickback claims during discovery to secure a de minimis settlement of a complaint alleging hundreds of millions of dollars in damages
- Counseled a major health insurer on escrow litigation arising out of an FCA suit filed prior to acquisition and unsealed following purchase
- Advised on FCA-specific considerations during the acquisition of a highly regulated entity that contracts with the federal government
Admissions
Bar Admissions
- California
Court Admissions
- US District Court, Central District of California
- US Court of Appeals, Ninth Circuit
Education
- University of California at Los Angeles, J.D.
- Georgetown University, B.A., Government
Professional Activities
Clerkships
- Honorable Jesus G. Bernal, US District Court, Central District of California
Externships
- Honorable Stephen Roy Reinhardt, US Court of Appeals, Ninth Circuit