Memos Suggest DOJ Is Taking a New Approach to FCA Litigation: An Interview with George Breen

Employment Law This Week®

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Employment Law This Week® (Episode 104: Week of February 12, 2018) has released bonus footage of its interview with George B. Breen, a Member of the Firm at Epstein Becker Green.

As Mr. Breen discusses, two internal Department of Justice memos suggest that the government may be reconsidering its approach to FCA cases. The Granston Memo provides guidance on when DOJ attorneys should consider affirmatively seeking dismissal of whistleblower claims in cases, rather than simply declining to intervene. The Brand Memo asserts that DOJ attorneys may not use agency guidance as the basis for proving an FCA violation.

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