Why should you hire Berg & Androphy?
When you hire Berg & Androphy you get:
- Trial lawyers with trial experience.
- Trial lawyers with a nationwide practice.
- Trial lawyers that get results.
- Trial lawyers that know the law. We have authored three treatises covering the False Claims Act (FCA), trial practice, and white collar litigation, have authored dozens of articles, and have spoken at numerous seminars on the FCA.
- Trial lawyers with the financial ability and expertise to assist the federal and state governments while the case is under seal. We recognize the importance of government intervention, but appreciate that the government needs an active and well-financed law firm to participate in the investigation.
- Trial lawyers that take a leading role during the investigatory phase of the sealed case. After a qui tam case is filed, the government should send out subpoenas to the defendant requesting documents and financial information. We assist the government in preparing the subpoenas and spend significant resources reviewing the documents. This is invaluable to the government. The government depends on counsel for the whistleblower to take a leading role in document review. We have an educated staff of lawyers and paralegals to handle our cases. We also hire contract lawyers and paralegals to provide necessary assistance. We have sophisticated software systems that allow us to review and organize the materials. It is not uncommon for us to review millions of documents.
- Trial lawyers with the resources to interview witnesses. While the case is under seal, there are many witnesses that need to be contacted to support the case. We take a leading role in this part of the investigation. This is invaluable to the government. Many of our contacted witnesses are then interviewed by government agents.
- Trial lawyers with the financial resources to hire experts to assist in the investigation. For example, in pharmaceutical fraud cases, we will hire doctors and economists to assist us in evaluating the merits of the case and preparing a damage model. This is important to build the government’s confidence in the case. Since the government is working on thousands of cases, our efforts enhance the likelihood of government intervention.
- Trial lawyers with the financial ability and expertise to handle meritorious FCA cases without the federal or state governments. The government declines intervention in a majority of the cases filed, even cases that are meritorious. After the decision is made on intervention, the case is unsealed. Unlike many law firms, Berg & Androphy is a trial firm and will litigate meritorious False Claims Act cases even if the government declines intervention. Many law firms do not have the resources or expertise to pursue a meritorious False Claims Act case without government intervention, and will withdraw from representation if the federal and state governments reject the case. Firms may make a commitment to you about their investigative efforts, but always ask if they will pursue your case if the government declines and the case is meritorious.*
*It is important for the prospective client to remember that the merits of each case will be evaluated on its particular facts and the current state of the law, for example, whether there is sufficient documentary and witness support for the allegations under the law and whether the damages can be proven and are not speculative, and a final, independent determination will be made by the Firm about whether to proceed without government assistance.