This year will see a wave of litigation related to COVID-19 relief funding and associated FCA cases are almost inevitable following the federal government’s significant spending to address the impact of COVID-19.
“One of the things that I don’t think companies are taking into consideration is that by accepting that money, they’ve effectively opened the door to the vampire and the government is going to, and is rightfully able to, check under the rugs and look in the cabinets,” said Alex Major, co-chair of the government contracts practice group at McCarter & English LLP.
Major said it is likely to be a bumper year for FCA cases in 2021, not only with COVID-19-related cases, but in emerging areas such as cybersecurity.
“I believe 2021 will be the year of the False Claims Act,” he said. “There is a lot that could happen and will happen in 2021.”