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Litigating False Claims Act Cases

Total Credits
1 - 1.3
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The False Act (FCA) is a statute allowing citizens to sue in the name of the government to recover monies owed because of fraud or "false claims." FCA cases are filed under seal and not initially served on the Defendants; this gives government lawyers an opportunity to investigate the claims and determine whether to intervene and thus take responsibility for the action. In recent years there has been an expansive use of the statute and in many cases the government is leaving it to private counsel to pursue claims that are viable and substantial.

This seminar will address the following:

  • Investigating and preparing a case on the assumption it will be litigated
  • Pleadings issues that are germane to FCA cases
  • Addressing issues of materiality and presentment
  • Discovery and evidentiary concerns
  • The non-intervened government as a partner

Lecturer Bios

Reuben A. Guttman, Esq.

Reuben Guttman is a founding member of Guttman, Buschner and Brooks PLLC. Guttman, Buschner & Brooks PLLC ( His practice involves civil rights, whistleblower representation, class actions and complex litigation. He has been counsel in False Claims Act cases that have returned over $6 Billion to the government.

The International Business Times has referred to him as “one of the world’s most prominent whistleblower attorneys.” He has been an adjunct professor at Emory Law School and a Senior Fellow in the school’s Center for Advocacy and Dispute Resolution; he is currently a faculty member of the American University School of Public Affairs and the National Institute of Trial Advocacy.

He has taught advocacy in the United States, Mexico and China. He is also a fellow of the American Bar Foundation. Mr. Guttman has published over 100 articles, opinion pieces, or book chapters. He is co-author with Rutgers Law Professor JC Lore of the text Pretrial Advocacy (National Institute for Trial Advocacy/Wolters Kluwer (2021). He is a founder of the website WhistleblowerLaws | The Source for Whistleblowers, Journalists, Legislators & Academics.

Justin S. Brooks, Esq.

Justin S. Brooks is a founding partner of Guttman, Buschner & Brooks PLLC. Mr. Brooks represents relators in qui tam litigation under the False Claims Act and other federal and state statutes and corporate clients in a wide variety of complex commercial and employment litigation. He also provides employment and compliance counseling to companies, represents institutional investors in shareholder derivative and corporate governance litigation. He has represented clients in claims brought under the Federal False Claims Act, securities laws, the Worker Adjustment and Retraining Notification Act (WARN), Racketeer Influenced and Corrupt Organizations Act (RICO), and various employment discrimination, labor and environmental statutes.

Prior to founding the firm, Mr. Brooks practiced at a preeminent plaintiffs firm and two preeminent international defense firms where he focused primarily on qui tam litigation, corporate governance litigation, employment litigation and complex commercial litigation. His extensive experience representing both plaintiffs and defendants provides him with significant insight into how both sides work, benefiting clients, whether institutional investors, individuals, or classes of plaintiffs. He also served as a law clerk to the Hon. Suzanne B. Conlon of the U.S. District Court for the Northern District of Illinois. Prior to graduating from law school, he served as an intern to Judge John. E. Sprizzo of the U.S. District Court for the Southern District of New York and the Hon. Arlen Specter of the U.S. Senate.

Mr. Brooks authored numerous articles on class action litigation and other topics. Recent publications include: “The Ascertainability Fallacy and its Consequences,” AAJ Class Action Newsletter, Spring of 2015 and “Navigating Developing Challenges in Approval of Class and Collective Action Settlements,” which was featured in the American Bar Association’s Journal of Labor and Employment Law. He received various awards and honors for his academic achievements, including a Merit Award in Legal Ethics and Professional Responsibility, and served as an editor for the Michigan Telecommunications and Technology Law Review.

Mr. Brooks graduated in 2005 with a B.A. in psychology from Emory University, where he was a member of Phi Beta Kappa. He received his J.D., cum laude, from the University of Michigan Law School in 2008. Mr. Brooks is admitted to practice in the Commonwealth of Pennsylvania, the State of New York, the State of Delaware, the U.S. District Courts for the Eastern District of Pennsylvania, the Southern District of New York, and the Eastern District of New York.

Mr. Brooks serves as a board member or fellow in numerous social justice and philanthropic organizations, including the Anti-Defamation League, the Jewish Federation of Greater Philadelphia, and Lawyers Without Borders, where he was among a group of judges and preeminent practitioners who traveled to Nairobi, Kenya to foster the Rule of Law and work with the Kenyan judiciary and bar on trial advocacy.

Mr. Brooks has been recognized as a Rising Star in the areas of Business Litigation, Securities Litigation, and Employment & Labor Law by Pennsylvania Super Lawyers.

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