George Breen Quoted in “Attys Dish on Escobar’s FCA Impact One Year Later”

Law360

George B. Breen, a Member of the Firm in the Health Care and Life Sciences and Litigation practices and Chair of the firm’s National Health Care and Life Sciences Practice Steering Committee, in the firm’s Washington, DC, office, was quoted in Law360, in “Attys Dish on Escobar's FCA Impact One Year Later.” (Read the full version – subscription required.)

Following is an excerpt:

“What has become clear is that materiality matters. Defendants have successfully focused courts on the need to meticulously scrutinize complaints for compliance with the FCA’s 'demanding' materiality and scienter requirements. Last month, in affirming the dismissal of a relator’s complaint, the Third Circuit, in Petratos v. Genentech, noted, 'We now join the many other federal courts that have recognized the heightened materiality standard. In short, Escobar’s focus on the FCA’s strict materiality standard has had a positive impact on health care entities, which should continue to vigorously resist efforts to use the FCA as a weapon against what are nothing more than regulatory missteps.’”