Roger Lewis is quoted in “Top Gov't Contract Cases In 2022: Midyear Report,” published in July 8, 2022, edition of Law360.
Roger discussed the Seventh Circuit’s recent ruling that Safeway Inc.’s drug-pricing practices did not give rise to FCA liability even though they deprived the government of discounts offered to other customers. The court ruled that Safeway's interpretation of the governing regulations for drug pricing was “objectively reasonable,” and thus not actionable under the FCA.
Roger commented on how the Seventh Circuit’s ruling could allow corporate defendants to escape liability simply by coming up with after-the-fact interpretations, even incorrect interpretations, that they did not actually hold at the time of their conduct. He noted that the Safeway ruling, if it stands, could mean that a defendant's actual intent to defraud the government is irrelevant in certain FCA cases.
Roger Lewis is a principal in the firm’s Litigation Group. His practice focuses on the federal and state FCAs and complex commercial litigation in the state and federal courts and administrative agencies. Goldberg Kohn's FCA practice has returned almost a billion dollars to state and federal treasuries. In addition to FC A matters, Roger's cases have involved lending and financial institution litigation, consumer and property tax litigation, and partnership and shareholder issues.