Bipartisan Legislation Introduced To Overhaul FCA To Further Hamstring Defendants


A bipartisan group of senators, led by Senators Grassley (R-IA), Leahy (D-VT), Wicker (R-MI), Durbin (D-IL), and Kennedy (R-LA), has introduced the False Claims Amendments Act of 2021. This legislation is worth watching not just because it would significantly amend the FCA, but because Senator Grassley has a successful track record of shepherding through to passage legislation reversing gains made by defendants in FCA cases. The bill has four major components: materiality, discovery cost-shifting, Granston hearings, and retaliation. If enacted, the legislation provides that these changes would apply retroactively to any case still pending on the date of the legislation’s enactment.