Douglas W. Baruch is a litigation partner resident in Fried Frank's Washington, DC office. Mr. Baruch has extensive experience representing corporations and individuals in complex civil and criminal cases, including trial and appellate matters. Mr. Baruch's docket concentrates on cases arising under the False Claims Act, particularly health care, defense procurement, financial industry and federal grant fraud and enforcement matters. Mr. Baruch also conducts internal investigations for a variety of corporate clients. In addition, Mr. Baruch has represented numerous clients involved in complex international arbitrations, as well as multi-jurisdictional disputes involving foreign parties. Mr. Baruch is co-chair of Fried Frank's Pro Bono Committee. Honors & Awards Mr. Baruch is recognized by Benchmark: Litigation and has been recognized by Legal 500 in International Arbitration. Professional Associations Member, Board of Directors, Washington Lawyers' Committee for Civil Rights and Urban Affairs Publications Client Memoranda The SEC's Whistleblower Program: What the SEC Has Learned From the False Claims Act About Avoiding Whistleblower Abuses - and What FCA Enforcement Stands to Learn from the SEC, Jun 27, 2011 Authors: Douglas W. Baruch, John T. Boese, Dixie L. Johnson Health Care Reform: More Aggressive Fraud Enforcement and Broader Government Oversight are on the Horizon, Nov 5, 2009 Authors: Beth C. McClain, Douglas W. Baruch, John T. Boese "Effort Reporting" Compliance in Academic Research: The Dangerous New Enforcement Environment, Nov 9, 2005 Authors: John T. Boese, Douglas Baruch, Beth Collins McClain Alerts and Newsletters CIVIL FALSE CLAIMS ACT: Sixth Circuit Joins Second and Fifth Circuits in Holding That FCA Claims Based on Implied False Certifications Must Allege and Prove That the Alleged Violation Was a Prerequisite to Payment, Aug 31, 2011 Authors: Douglas W. Baruch, John T. Boese Extraordinarily Long Statute of Limitations Applies to SEC Whistleblower Retaliation Actions, Jun 30, 2011 Authors: John T. Boese, Douglas W. Baruch The SEC's Whistleblower Program: Lessons Learned from Qui Tam Enforcement under the False Claims Act , Jun 27, 2011 Authors: John T. Boese, Douglas W. Baruch Reexamining Corporate Compliance Programs in Light of the SEC's Whistleblower Rules, Jun 21, 2011 Authors: John T. Boese, Douglas W. Baruch SEC Adopts Whistleblower Program, May 25, 2011 Authors: John T. Boese, Douglas W. Baruch The SEC Adopts Game-Changing Rules for Whistleblowers and their Employers, May 25, 2011 Authors: Dixie Johnson, Carmen Lawrence, William Johnson, Douglas Baruch CIVIL FALSE CLAIMS ACT: Supreme Court Holds that Government FOIA Responses Are "Public Disclosures" and that "Opportunistic" FCA Suits Based on Information Obtained via FOIA Cannot Proceed, May 16, 2011 Authors: John T. Boese, Douglas W. Baruch Ministry of Justice Issues Final Guidance on "Adequate Procedures" Under the UK Bribery Act, Mar 30, 2011 Authors: James Kitching CIVIL FALSE CLAIMS ACT: Supreme Court Hears Oral Argument on Whether a FOIA Response is a "Public Disclosure", Mar 1, 2011 Authors: John T. Boese, Douglas W. Baruch SEC's Whistleblower Rules Show What the SEC Has Learned (at Least For Now) From the False Claims Act About Avoiding Whistleblower Abuses, Dec 8, 2010 Authors: John T. Boese, Douglas W. Baruch CIVIL FALSE CLAIMS ACT: D.C. Circuit Holds that "Collective Knowledge" is an Inappropriate Basis for FCA Liability, Dec 6, 2010 Authors: John T. Boese, Douglas W. Baruch CIVIL FALSE CLAIMS ACT: Fifth Circuit Holds "Prerequisite to Payment" is a Fundamental Requirement in Establishing "Falsity" in a False Certification Case, Nov 3, 2010 Authors: John T. Boese, Douglas W. Baruch CIVIL FALSE CLAIMS ACT: Tenth Circuit Breaks New Ground by Requiring Dismissal of Reverse False Claim Jury Verdict Based on Allison Engine Intent Requirement, Oct 29, 2010 Authors: John T. Boese, Douglas W. Baruch CIVIL FALSE CLAIMS ACT: Supreme Court Agrees to Decide Another "Public Disclosure" Issue: Are Documents Obtained Through FOIA Requests "Public Disclosures" Under the False Claims Act?, Sep 29, 2010 Authors: John T. Boese, Douglas W. Baruch CIVIL FALSE CLAIMS ACT: Here They Go Again, Round III: Financial Reform Bill Contains More FCA Amendments, Jun 29, 2010 Authors: John T. Boese, Douglas W. Baruch CIVIL FALSE CLAIMS ACT: Justice Department Urges Supreme Court to Deny Certiorari on Original Source and Rule 9(b) Questions in Duxbury, but Suggests that the Court Should Grant Certiorari in Hopper Where Rule 9(b) Issue is "Squarely Presented", Jun 1, 2010 Authors: John T. Boese, Douglas W. Baruch New Mexico Court Dismisses State Qui Tam Suit as Unconstitutional Due to Retroactive Application of the State False Claims Statute, May 5, 2010 Authors: John T. Boese, Douglas W. Baruch CIVIL FALSE CLAIMS ACT: Here They Go Again - Newly Enacted Comprehensive Health Care Reform Law Contains More FCA Amendments, Mar 24, 2010 Source: Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain CIVIL FALSE CLAIMS ACT: Supreme Court Seeks Justice Department's Views on Critical "Original Source" and Rule 9(b) Issues, Feb 23, 2010 Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain CIVIL FALSE CLAIMS ACT: Supreme Court Hears Oral Argument in Graham County II on Whether Fraud Allegations in State Reports are "Publicly Disclosed" for FCA Purposes, Nov 30, 2009 Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain CIVIL FALSE CLAIMS ACT: District Court Holds that Applying FERA Amendment Retroactively Would Be Unconstitutional, Oct 28, 2009 Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain CIVIL FALSE CLAIMS ACT: D.C. District Court Decision Limits Retroactive Effect of FERA Amendment to Pending "Claims," Not Pending Cases, Sep 16, 2009 Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain CIVIL FALSE CLAIMS ACT: Flexible Rule 9(b) Standard Recently Applied by First and Fifth Circuits in FCA Cases Obviates Need for Legislative Change, Aug 27, 2009 Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain CIVIL FALSE CLAIMS ACT: First Circuit "Public Disclosure" Decision Misreads the "Plain Meaning" of the FCA's Original Source Provision and Encourages Parasitic Suits, Aug 19, 2009 Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain Articles The SEC's Whistleblower Program: What the SEC Has Learned From the False Claims Act About Avoiding Whistleblower Abuses, Jul 29, 2011 Source: Harvard Business Law Review Authors: Douglas W. Baruch Supreme Court to Determine Key Issue Under False Claims Act's Public Disclosure Bar, Oct 29, 2010 Source: Washington Legal Foundation Authors: John T. Boese and Douglas W. Baruch By Denying Certiorari in Duxbury and Hopper, Supreme Court Maintains the Circuit Spilt Status Quo on Important Original Source and Rule 9(b) Questions, July/August 2010 Source: Financial Fraud Law Report Authors: John T. Boese and Douglas W. Baruch New Frontiers in Research: Liability Under the Civil False Claims Act, 2007 Source: Health Law and Compliance Update Authors: Douglas W. Baruch FISA: The Government's Secret Weapon, Winter/Spring 2001-2002 Source: Criminal Litigation Newsletter Government Contractors and State Action: Problems for Both Contractors and the Government, 1985 News News Releases The Legal 500 United States 2010 Edition Recognizes Fifty-two Fried Frank Lawyers and Nineteen Practice Areas, Jun 8, 2010 Accolades Fried Frank Receives Award in Recognition of Civil Rights Litigation Work, Jun 16, 2011 Media Mentions Douglas Baruch speaks with BNA Health Care Daily about SCOTUS decision addressing FOIA data in FCA claims, May 17, 2011 BLT: The Blog of Legal Times reports Fried Frank's representation of Affiliated in a dismissal of whistleblower suit, Apr 21, 2011 Deal Pipeline notes Fried Frank's representation of Merck in its acquisition of Inspire Pharmaceuticals, Apr 5, 2011 Rankings - Benchmark Benchmark: Litigation 2012, Dec 1, 2011 Events Past Events Speaking Engagements Recent False Claims Act Amendments: What You Need to Know, Oct 7, 2010 Webinars Financial Services Task Force Webinar Series: Overview of FERA Section 4, Dec 18, 2009 |