Recent DOJ Memos Popping Up in Qui Tam Litigation

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July 30, 2018

Lawyers on both sides of the qui tam whistleblower litigation bar agree that the U.S. Department of Justice’s (DOJ) Brand and Granston memos from earlier this year are being utilized in court, The American Lawyer reports.

In January, then-Associate U.S. Attorney General Rachel Brand and Civil Fraud Section Director Michael Granston each issued memos that affect how the government litigates qui tam, or whistleblower, cases under the False Claims Act. Granston’s memo listed factors that U.S. attorneys should consider when deciding to pursue or dismiss a qui tam case and even encouraged attorneys to dismiss “meritless” cases. Brand’s memo reined in the DOJ’s use of agency guidance documents to prove violations of regulations.

Though defense attorneys in the story called the memos a “welcome development,” they also say it is still too early to see their full effects. U.S. Chamber Institute for Legal Reform Executive Vice President Harold Kim made similar comments on the Brand Memo in a Bloomberg Law story last week.