Robert Nelson, the chair of Lieff Cabraser’s False Claims Act practice group, was one of four distinguished panelists in a roundtable discussion on the False Claims Act published in the August 2014 issue of California Lawyer.
When the U.S. government is at war, which arguably has been the case since 2002, the Wartime Suspension of Limitations Act kicks in. It was first passed in 1942 and allows the statute of limitations to be tolled until the fog of war has ostensibly cleared. Just how the law applies to the False Claims Act is up for review by the Supreme Court. The panel discussed this issue as well as how penalties should be counted in false claims cases, implied certification, and voluntary disclosure to the government.
A partner in our San Francisco office, Nelson served as lead trial counsel in a false claims case against the University of Phoenix that settled for $78.5 million, among the largest FCA settlements without government intervention. In 2013, he negotiated a $46 million settlement, a record amount under the California Insurance Frauds Prevention Act, in a suit against Sutter Health. Nelson is a 2008 and 2010 recipient of the California Lawyer Attorneys of the Year (CLAY) award.