Author: David Couillard

As a member of the firm’s Government Enforcement and Corporate Investigations practice group, David works with teams to develop innovative compliance programs and conduct strategic internal investigations in order to effectively manage clients’ enterprise and reputational risks. He also assists clients in responding to government-initiated investigations and enforcement actions when they occur.In addition, David helps clients protect their innovations and intellectual assets as a member of the firm’s Intellectual Property Litigation practice group.

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DuPont Appeal May Clarify What Constitutes a Reverse False Claim “Obligation”

On January 20, a federal district court in Louisiana certified for appeal its 2014 ruling denying defendant DuPont’s motion for summary judgment, thereby permitting DuPont to seek appellate review of the district court’s ruling. Simoneaux v. E.I. du Pont Nemours & Co., No. 12-cv-00219 (M.D. La. Jan. 20, 2016).  Central to the district court’s now-certified ruling is the meaning and interpretation of the term “obligation”...

Court Concludes that Violation of a Corporate Integrity Agreement May Form the Basis for Reverse False Claim Liability

In late July, a federal district court in Pennsylvania denied a motion to dismiss brought by pharmaceutical company Cephalon, Inc., concluding that violations of a corporate integrity agreement (“CIA”) entered into by Cephalon and the federal government could give rise to “reverse false claim” liability.  United States ex rel. Boise v. Cephalon, Inc., No. 2:08-cv-00287-TON (E.D. Pa. July 21, 2015). Conduct prohibited under section 3729(a)(1)(G)...