Snell & Wilmer L.L.P.

  • Established in 1938
  • Firm Size 480
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False Claims Act

Client and Industry Challenges

The U.S. False Claims Act (FCA) and similar acts in various states prohibit companies and individuals from defrauding the federal and state governments by knowingly presenting, or being party to a presentation of, a false claim for payment or approval. Violations of the FCA can result in a judgment for an amount of the losses sustained multiplied several times, as well as civil penalties. Often, “whistleblowers” who sue a company on behalf of the government, called a qui tam lawsuit, are awarded a percentage of the resources the government recovers. These incentives, along with recent statutory changes and circuit court decisions, are making these claims more difficult than ever to dismiss

Snell & Wilmer’s attorneys are experienced in handling False Claims Act matters at the state and federal level, and have been involved in historically significant FCA litigation. We have defended clients in FCA investigations and lawsuits brought directly by the Department of Justice, as well as by individuals acting on the government's behalf. We also advise clients on the many legal issues that often accompany FCA matters, including directed or voluntary disclosures, internal investigations, audits, suspension and debarment proceedings, white-collar defense, civil and criminal subpoenas, employment and retaliation claims, and the shareholder derivative suits that sometimes follow an FCA settlement.

Clients We Serve

Because the False Claims Act applies to all types of goods, services and government contracts, our clients represent virtually every industry and business sector, including defense contracting, healthcare, education, pharmaceuticals, medical devices and financial services. Our clients range from small privately held businesses to Fortune 500 companies. We also represent individual defendants when separate counsel becomes necessary.

Why Clients Select Us

Dynamic Approach: In order to provide effective and efficient False Claims Act representation to our clients, we bring together attorneys with a wide range of skills and experience, including seasoned trial attorneys and attorneys with extensive regulatory and agency experience. Our team members practice in diverse yet complementary areas, including government relations, corporate, SEC regulatory, and labor and employment; when necessary, our attorneys can rely on the skills and experience of their colleagues to deliver tailored, comprehensive service for our clients.

Client-Focused Services: We understand the complexities of the government’s approach to False Claims Act matters, and know that our clients need creative and practical solutions for managing the challenges presented in FCA actions. Because we know that our clients value efficiency, our attorneys often leverage state-of-the-art document management services and budget management tools to handle matters in the most timely and cost-effective manner possible. We actively work with clients to develop compliance programs to address FCA issues and provide training to clients about handling FCA events. We also know that FCA whistleblower actions or investigations are often time sensitive, and we have a team ready to immediately address claims and investigations.

Experience

Our representative political and constitutional litigation matters include:

  • Performed numerous internal investigations for companies in response to allegations of possible FCA violations and provided counsel on appropriate responses
  • Handled a case for a national for-profit education provider that included retaliation claims under the California FCA
  • Represented a multinational banking and financial services holding company in a landmark case regarding FCA claims involving homeowners’ association dues and residential foreclosures
  • Handled a private right of action case in arbitration involving a claim by a physician against a healthcare entity
  • Served as co-counsel on an early, large and very influential qui tam case for a major for-profit education client that involved incentive compensation issues
  • Assisted with a qui tam investigation under Nevada’s FCA
  • Represented numerous financial institutions in actions alleging violations of FCA statutes
  • Defended company employees in an FCA investigation by the Justice Department’s Civil Fraud Section
  • Defended a company in a FCA investigation by the Department of Interior, Office of Inspector General and United States Attorney’s Office in the Eastern District of California

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Peer Reviews

4.8/5.0 (720 reviews)
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    4.8/5.0
  • Analytical Capability

    4.8/5.0
  • Judgment

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  • Communication

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  • 5.0/5.0 Review for Mr. Robert Feinberg by a Judge on 05/03/13 in Civil Litigation

    Mr. Feinberg was in the public sector when he joined my firm in the early to mid 1990s. I was very impressed with him then and, when I left private practice to take the bench, I know that he continued to have an excellent reputation working at his pr... Read more

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  • 5.0/5.0 Review for Nathan Davis by a Managing Partner on 04/15/13 in Civil Litigation

    This is one of the best and most honest lawyers I have opposed in many years. He has talent beyond his years.

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Diversity

Snell & Wilmer has a deep and longstanding commitment to developing, maintaining and fostering an inclusive and accepting environment rich in diversity. By hiring and retaining a diverse group of attorneys whose collective talents and creativity are drawn from a broad cross-section of backgrounds and outlooks, we enhance our ability to offer superior legal services to our clients.

To boost our efforts, Snell & Wilmer’s Attorney Development, Hiring, and Diversity Committees will ensure that the firm continues to value and promote diversity through focused hiring, development and community efforts.

Commitment to Students

Snell & Wilmer believes that its efforts to reach out to students at every level will increase diversity within the legal profession. Snell & Wilmer is committed to fostering relationships with students.

In our Phoenix, Tucson, Las Vegas, Salt Lake City, and Denver offices, Snell & Wilmer hires diverse law students as interns in connection with the firm’s support of area law schools’ diversity legal writing programs. Current diverse attorneys are involved with the selection of the students and in the administration of the program. The intern is assigned several written projects and receives feedback from assigning attorneys. The intern also is paired with mentors at the firm who coordinate social meetings with partners from various practice groups throughout the internship to assist in developing the intern’s understanding and exposure to various types of legal work. Interns also have opportunities to attend hearings, depositions, and meet clients.

For the past several years, Snell & Wilmer has led the efforts in Arizona for the American Bar Association Section of Litigation’s Judicial Internship Opportunity Program. This nationwide program enables diverse and economically-disadvantaged second-year law students to obtain a judicial internship during one summer. A large component of the program includes mentoring and administrative efforts to offer social activities throughout the summer. Snell & Wilmer attorneys participate in this program as mentors, as social programming coordinators, and as the lead contacts for questions from the Phoenix students.

As part of its focus on encouraging diverse students to pursue legal careers, Snell & Wilmer’s attorneys engage in multiple in-person activities with high school and elementary students. For example, Snell & Wilmer hosts high school students interested in a legal career and their families for a reception and tour of the firm. Additionally, attorneys attend career fairs at local high schools that have a major concentration of ethnically diverse students in an effort to encourage interest in a legal career. Snell & Wilmer also has partnered with a Phoenix elementary school to provide math and reading tutors and to invite the students for a day at the office.

Several attorneys also participate in the MentoRing program in association with the Hispanic National Bar Association and the Arizona State University Sandra Day O’Conner College of Law. The MentoRing program partners minority undergraduate and law students with practicing attorneys in an effort to provide multi-layered mentoring.

Snell & Wilmer’s Diversity Committee is working to establish and implement the Snell & Wilmer Pre-Law Program targeted at diverse undergraduate students. In 2009, the Diversity Committee implemented the LSAT Scholarship component of the Pre-Law Program and awarded three scholarships to diverse students to attend an LSAT preparation course of their choosing. The Diversity Committee looks forward to growing this program in 2010.

Commitment to Community

As a corporate member of the Diversity Leadership Alliance ("DLA"), Snell & Wilmer participates in promoting and furthering diversity in the work place by exchanging ideas regarding diversity initiatives with other businesses. Membership in DLA allows Snell & Wilmer to participate in monthly seminars focused on diversity topics.

Snell & Wilmer is also a signatory to the Colorado Pledge to Diversity. In 1993, as a result of the collaborative efforts of twenty-three Denver law firms, a plan was launched to significantly increase the number of racially and ethnically diverse attorneys recruited, hired and promoted by law firms in Colorado. These law firms signed a Pledge to Racial and Ethnic Diversity in Colorado Law Firms and meet regularly to determine the means in which to achieve the goals set forth in the pledge. Some programs and activities have been: (1) hiring a first-year diverse law student as a summer intern; (2) co-sponsorship of annual Diversity in the Work Place Reception; (3) award of four book scholarships to local diverse law students; and (4) sponsorship of the annual Rocky Mountain Minority Legal Career Fair.

Snell & Wilmer attorneys personally involve themselves with organizations dedicated to diversity, including Women Lawyers groups, Minority Bar Associations, and Human Rights groups dedicated to the LGBT community. Additionally, attorneys are actively involved with area volunteer lawyer groups and organizations that address legal issues affecting minorities and under-represented groups, including the Judicial Council Task Force on Racial and Ethnic Fairness in the Criminal and Juvenile System.

Commitment to Professional Development

All associate attorneys are provided with a Coach (mentor) to guide them through all stages of their associate careers - from first-year challenges to partnership consideration. Coaches are provided materials designed to support them in their role. Coaches are expected to check-in with associates on a regular basis and engage in discussions with the associate concerning firm culture and the practice of law. Coaches also are responsible for fostering connections with other partners throughout the firm and various practice groups. The firm encourages informal mentoring among its attorneys and promotes various social events, both firm-wide and practice group-specific, to develop and strengthen interpersonal relationships and relationships with families. Additionally, the Attorney Development Manager checks-in with attorneys to assess the firm’s efforts of inclusion and whether changes to the mentoring relationship are necessary.

Named for Snell & Wilmer’s first woman partner, the Mary Leader Women in Leadership Program aims to promote women inside and outside of the firm through events in each of our offices. Examples of past events include afternoon lunches, a spa day, networking events with clients, golf clinics, and an annual holiday party.

Commitment to Family

Snell & Wilmer is committed to providing our attorneys with a meaningful opportunity to balance professional and personal demands. The firm offers 12 weeks of paid maternity and paternity leave to attorneys for the birth or adoption of a child. The firm recognizes that, at times, attorneys may have family obligations or personal needs that may merit either adjusting or reducing their work schedules. As a result, the firm considers alternative work arrangements on a case-by-case basis. The consideration of proposals will take into account the needs of the attorney, the practice group, the firm, and our clients.

Domestic Partner Benefits are provided to same-sex couples of both attorneys and staff.

Additional Information

For additional information about Snell & Wilmer’s diversity programs, initiatives and efforts, please contact the Chairperson of Snell & Wilmer’s Diversity Committee, Monica Limón-Wynn.

 

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