Emerging False Claims Act Risk in Trade: Recent False Claims Act Developments Increase Trade Exposure (Part II)


In this three-part series, Sidley’s White Collar and International Trade groups explore the intersection of the FCA and trade-related laws and regulations to help clients understand more about this increasing area of risk. The first part covered upcoming enforcement trends as well as recent changes in the language and interpretation of the FCA that make it easier for the government and private relators to pursue reverse false claim actions. This second part dives deeper into potential bellwether cases and how liability has unfolded in those cases. The third part will identify for corporate counsel areas of future or heightened risk as well as steps corporate counsel can take to mitigate and protect their business clients from that risk.