Law360 Quotes Partner Neil Merkl on False Claims Act and ​“Worthless Services” Theory

Partner Neil Merkl was quoted in the Law360 article, ​“FCA Suits Over ​‘Worthless Services’ On The Rise.” The article discusses how whistleblowers are increasingly launching False Claims Act litigation accusing health care providers and defense contractors of supplying ​“worthless services,” as opposed to nonexistent services. The article notes that there appear to be many more examples of courts rejecting worthless-services suits, usually on the grounds that even if taxpayers received low-quality service, they still received something, and therefore the FCA isn’t applicable. Mr. Merkl stated that ​“worthless still pretty much means worthless,” and that ​“there really is no bright line,” meaning that there is no definitive way to distinguish between a service with very little value and one with no value at all.