Harold Malkin was quoted in a December 4 Law360 article titled “5 Key Questions As DOJ Torpedoes Gilead FCA Suit.” The article discusses the U.S. Department of Justice’s unanticipated decision to dismiss the Gilead Sciences Inc. False Claims Act (FCA) suit.Questions arose following the DOJ’s dismissal of the suit, particularly seeking to better understand the reasoning behind the decision and what it may mean for similar suits alleging regulatory violations.
Law360 asked Lane Powell shareholder Harold Malkin why the DOJ may have failed to forewarn the plaintiffs of its intent to dismiss.
“These decisions to sort of pull the rug out from under the relators’ counsel after the government has declined are always received by relators’ counsel with a great deal of angst, frustration, and anger, what have you,” said Malkin. “At a minimum, in my experience, the government tries to mitigate those adverse reactions by giving a heads-up to relators’ counsel.”
When asked about the possible reasoning behind the dismissal, Malkin said, “[It] could be that the specific facts and circumstances of this case don’t make it the best case to argue the government’s interpretation of Escobar.”
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