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Benjamin McCoy of Fox Rothschild, left, and Zac Arbitman of Kessler Topaz Meltzer & Check, right.

There is little dispute that the False Claims Act (FCA) is among the most potent weapons for fighting fraud and government waste. In just this past fiscal year alone, the Department of Justice (DOJ) utilized the FCA to recover more than $3.7 billion across a diverse array of industries such as health care, housing, and government procurement. Recoveries in individual actions reached well into the hundreds of millions of dollars, including a whopping $465 million settlement on behalf of the federal government and state Medicaid programs as a result of one health care company’s misclassification of a generic drug.

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