Podcast

Episode 13 | Powerful, But Not All-Powerful: CIDs in FCA Litigation

Husch Blackwell’s Rebecca Furdek joins host Jonathan Porter to discuss civil investigative demands (CIDs), how and when the Department of Justice (DOJ) uses them in the False Claims Act context, and what companies can do to limit or set aside CIDs. Given how broad and powerful a tool CIDs are—and given the potentially enormous consequences that hang on responses to CIDs—Rebecca and Jonathan explore at length the statutory foundation of CIDs and how companies should approach these demands to produce information.

There are few statutory limitations on the scope of information the government can demand of private businesses, but companies should be well versed in those that do exist. Rebecca and Jonathan talk about strategies to use in shaping conversations with DOJ to limit CIDs and thus reduce the time and expense of compliance; however, DOJ is not always amenable to those discussions. In those instances, a company could decide to litigate, petitioning a court to modify or set aside the CID. Rebecca and Jonathan discuss recent litigation in this instance and explore when bringing these legal challenges makes sense.

Jonathan Porter | Full Biography

Jonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in...

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