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As a litigation associate with Kelley Drye, Cliff Katz has represented multinational pharmaceutical manufacturers in numerous federal and state actions across the country. Practicing out of the firm’s New York offices, Mr. Katz has been a part of a variety of offensive and defensive fact and expert discovery matters, motion practice, analyses of electronic claims data and government payment methodologies, and other trial preparation. Cliff, an able contributor to the firm’s blog FCA Alert, has defended more than 75 depositions of federal Medicare and Medicaid officials, state agency officials, pharmaceutical company employees, wholesalers, and other industry employees and government officials.
Bar and Court Admissions
Par Files Complaint Against the Government Claiming that FDA's Off-Label Marketing Regulations Violate the First Amendment
Par filed a Complaint for Declaratory and Injunctive Relief against the United States, the U.S. Food & Drug Administration (FDA), the Commissioner of the FDA, and the Secretary of the Department of Health & Human Services seeking a declaratory judgment that the application of FDA off-label...
Earlier this week we reported on a case in the U.S. District Court for the District of Columbia in which the court unsealed a relator's complaint after the relator voluntarily dismissed it, holding that "the rationale behind sealing FCA cases is to allow the United States ample time to...
The False Claims Act provides that private persons who bring actions on behalf of the U.S. Government, called relators, file their complaints under seal. This means that a defendant, which is frequently a present or former employer of the relator, will not have access to the complaint or even...
The New Jersey Appellate Division for the Superior Court, Mercer County, recently held that the New Jersey False Claims Act, N.J.S.A. 2A:32C–1 to –15 and N.J.S.A. 2A:32C–17 to –18, which was enacted on January 1, 2008 and made effective on March 13, 2008, does not apply...
Amgen Seeks Supreme Court Review of Implied Certification Theory of Liability Under the False Claims Act
The U.S. Courts of Appeals have been wrestling with the reach of the False Claims Act when the actual claim submitted to the government is not “factually false.” Some courts have adopted a framework in which a claim that is true on its face can be considered “legally...