Practice and Expertise
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False Claims Act Litigation
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Internal and Government Investigations - Grand Jury, Office of Inspector General, Department of Justice
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Public Corruption
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Procurement Fraud and Health Care Fraud
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Suspension and Debarment
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Compliance Assessments and Counseling
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Monitorships
Accolades
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Chambers USA National Ranking in Government Contracts
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Peer rated “AV Preeminent” by Martindale-Hubbell
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Best Lawyers in America: Criminal Defense, White Collar
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Thomson Reuters DC Super Lawyer, White Collar Crimes
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U.S. Department of Justice Special Achievement Award (2001, 2002)
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Commissioner’s Citation for Exemplary Public Service, Social SecurityAdministration (2017)
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Member of the Senior Executive Service
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Who’s Who Legal: Government
Education
Georgetown University Law Center, J.D., 1995
University of Texas at Austin, M.S.M.E., 1992
Lehigh University, B.S.M.E., 1988
Andy’s practice focuses on the representation of government contractors in all phases of administrative, civil, and criminal disputes. This includes False Claims Act litigation (including retaliation claims), internal and government investigations, prime-sub disputes, suspension and debarment, and Administrative Procedures Act litigation. He has handled matters, written, and taught in the areas of government procurement fraud, health care fraud, price fixing, kickbacks, bribery, public corruption, and conflict of interest laws. Andy is also performs ethics and compliance monitoring and risk assessments for government contractors.
Chambers USA ranks Andy nationally in Government Contracts and quotes his peers and clients as describing him as “excellent at helping through investigations. He has a deep background in investigations and is just terrific” and “He’s an incredible talent; a legal superstar.” Legal500 describes him as “very smart and highly experienced and is also a great person and a pleasure to work with.”
Previously, Andy was General Counsel of the Social Security Administration, a Partner at Crowell & Moring LLP and Nichols Liu LLP, and a Trial Attorney with the United States Department of Justice. He was twice awarded the Department of Justice’s Special Achievement Award.
Andy is active in Bar and community activities, and currently serves on the Board of Trustees of the Lawyers’ Committee for Civil Rights Under Law, on the Board of the Fred T. Korematsu Institute, and on the Board of Asian Americans Advancing Justice | AAJC. He previously served as Chair of the ABA Health Section’s Healthcare Fraud & Compliance Interest Group, on the Board of the Asian Pacific American Bar Association of the Greater Washington, D.C. Area, as Vice-Chair of the Committee for Civil Rights and Equal Opportunity for the ABA’s Section of Individual Rights and Responsibilities, and as Chair of the Board of the Asian Pacific American Legal Resource Center.
Bar and Court Admissions
District of Columbia Bar
New York State Bar
Texas State Bar
U.S. Supreme Court
U.S. Court of Appeals for the DC Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the District of Columbia
U.S. District Court for the District of Connecticut
U.S. District Court for the Eastern District of Texas
U.S. District Court for the Western District of Texas
U.S. Court of Federal Claims
Testimonials
Andy is "excellent at helping through investigations. He has a deep background in investigations and is just terrific" (Chambers review)
"He’s an incredible talent; a legal superstar” (Chambers review)
"Andy is an incredible strategic thinker" (Chambers review)
"Andy is strategic in his approach to litigation" (Chambers review)
"Very smart and highly experienced and is also a great person and a pleasure to work with" (Legal500 review)
Representative Matters
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Represented a defense contractor in a qui tam suit alleging non-compliance with DFARS cybersecurity requirements and other cybersecurity requirements, and that DOJ intervened in and pursued under its Civil Cyber Fraud Initiative; resolved matter through a negotiated settlement and persuaded agency not to take further administrative action.
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Represented a food supplier in connection with a self-disclosure relating to alleged false statements relating to its small business status due to private equity ownership and affiliation rules, and negotiated a favorable settlement and persuaded agency not to take further administrative action
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Represented a language training contractor and its CEO in a bid-rigging investigation by the Antitrust Division and successfully negotiated a deferred prosecution agreement for the company and no charges for the CEO.
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Represented a not-for-profit, fully integrated health care delivery network and health plan in a qui tam suit based on alleged Anti-Kickback and Stark violations; successfully persuaded government (federal and State of Florida) not to intervene and secured dismissals with prejudice at the motiion to dismiss stage.
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Represented Medicare Part D insurers in qui tam suit alleging improper enrollment processed and secured non-intervention by DOJ and dismissal of suit.
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Represented healthcare claims processor in investigation by the Department of Veterans Affairs and persuaded government not to take action against client.
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Represented a battlefield contractor in a qui tam suit alleging fraud in the performance of security detail contracts; the majority of allegations were dismissed on summary judgment and jury returned verdict for the defendant on all remaining claims.
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Represented major defense contractor in False Claims Act litigation concerning alleged conspiracy in connection with alleged misuse of U.S. aid by a former Israeli Air Force officer.
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Represented foreign construction company in qui tam suit alleging fraud in connection with the building of U.S. Embassy; successfully argued dismissal of suit at summary judgment stage and affirmance of the dismissal by the U.S. Court of Appeals for the Fourth Circuit.
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Represented foreign company in parallel criminal, civil and congressional investigations relating to alleged fraud in connection with over one billion dollars in government contracts; successfully avoided any charges.
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Represented major food supplier in parallel criminal and civil investigations relating to federal Prime Vendor contracts; successfully avoided any charges.
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Represented federal Immigration Judge in Department of Justice Office of Professional Responsibility/Office of Inspector General investigation relating to DOJ hiring practices; no adverse action taken.
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Represented attorney in connection with parallel criminal and congressional investigations relating to alleged tax shelter fraud; no charges brought.
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Represented former political appointee in Department of Justice Office of Inspector General investigation relating to conflict of interest laws; no charges brought.
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Represented a major defense contractor in a criminal investigation relating to alleged violations of espionage statutes; successfully convinced the government to close the investigation without any charges.
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Represented former head of a federal Agency in criminal proceeding concerning alleged violations of conflict of interest laws; successfully negotiated misdemeanor disposition.
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Represented major railroad in qui tam suit; successfully obtained dismissal of the suit.
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Represented a Medicare Carrier in a six-year federal investigation prompted by a qui tam suit alleging fraud in connection with the processing of claims; successfully obtained dismissal of suit without unsealing.
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Represented major metals manufacturer in DOJ investigation relating to alleged antitrust violations; closed without prosecution.
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Represented major advertising Agency in internal investigation relating to possible kickbacks in connection with a federal contract and represented the client in a voluntary disclosure to Agency successfully concluded without criminal, civil or administrative charges.
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Represented eighteen mining companies in qui tam suit alleging that they had fraudulently obtained mineral rights on federal lands by failing to disclose their alleged foreign ownership in mining claim records with the Interior Department; successfully obtained dismissal.
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Represented federal Agency in an administrative investigation and subsequent enforcement actions against the regulated entity and its top officials in connection with earnings manipulation issues.
Speaking Engagements
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“False Claims Act” Pub K’s Government Contracts Annual Review 2025 (February 2025). Speakers: Andy Liu, Christian Sheehan, Kelly Buroker, Tirzah Lollar, Justin Chiarodo, and Anne Robinson.
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"Trial Themes," ABA National False Claims Act and Qui Tam Trial Institute, Washington, DC (October 17-19, 2024). Speakers: Andy Liu, Jennifer Short.
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“SuperValu and Its Aftermath: Recent FCA Developments and Trends,” ABA Health Law Section webinar (February 27, 2024). Presenter: Andy Liu, Vincente Tennerelli, and Felicia Sze.
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“False Claims Act” Pub K’s Government Contracts Annual Review 2024 (February 14, 2024). Speakers: Andy Liu, Tirzah Lollar, Jonathan Phillips, and Anne Robinson.
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“Fraud and Abuse Update,” Health Law Roundtable Conference, Snowbird, UT (January 28, 2024). Presenters: Andy Liu
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“What’s Your Story? The Importance of Case Narrative Developed in Deposition and Discovery and Then Used at Trial,” ABA National False Claims Act and Qui Tam Trial Institute, Miami, FL (January 17-19, 2024). Presenters: Andy Liu
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“DOJ Health Care Fraud Enforcement Priorities and Recent Developments,” ABA Washington Health Law Summit, Washington, DC (December 12, 2023). Presenters: Andy Liu, Jacob Foster, Andy Mao.
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“False Claims Act Update,” Taos Health Law Roundtable Conference, Taos, NM (January 20, 2023). Presenter: Andy Liu.
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“FCA/FCPA: Fraud and Enforcement” PubKGroup’s 8th Annual Year-in- Review – Live Webcast (January 12, 2023). Moderator: Alan Chvotkin, Speakers: Andy Liu, Jen Short, Aron Beezley.
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“Litigation Challenges In Procurement Fraud Matters,” ABA National False Claims Act and Qui Tam Trial Institute, Miami, FL (April 25-27, 2022). Presenter: Andy Liu.
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“FCA/FCPA: Fraud and Enforcement” PubKGroup’s 7th Annual Year-in- Review – Live Webcast (January 27, 2022). Moderator: Alan Chvotkin, Speakers: Andy Liu, Jen Short, Aron Beezley, Reggie Jones.
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“A Looming Storm: What is Happening with COVID Relief Funds and Reviews,” Taos Health Law Roundtable Conference, Taos, NM (Jan 20- 22, 2022). Presenter: Andy Liu.
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“FCA/FCPA: Fraud and Enforcement” PubKGroup’s 6th Annual Year-in- Review – Live Webcast (January, 28, 2021). Moderator: Alan Chvotkin, Speakers: Andy Liu, Jen Short, Justin Chiarodo, Robert Rhoad.
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“FCA/FCPA: Fraud and Enforcement” PubKGroup’s 5th Annual Year-in- Review – Live Webcast (December 12, 2019). Speakers: Andy Liu, Fred Levy, Jessie Liu, Dominique Casimir.
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“Compliance and Enforcement” PubKGroup’s 4th Annual Year-in- Review – Live Webcast (December 12, 2018). Moderator and Speaker: Andy Liu; Speakers: Fred Levy, Marcia Madsen, Justin Chiarodo.
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“Compliance and Enforcement” PubKGroup’s 3rd Annual Year-in- Review – Live Webcast (December 7, 2017). Moderator and Speaker: Andy Liu; Speakers: Fred Levy, Mike Mason, Peter Eyre.
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“Fraud, Debarment & Suspension,” West Government Contracts Year In Review Conference (February 17-20, 2015). Speakers: Andy Liu and W. Stanfield Johnson.
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“Preserving the Privilege: Developments and Best Practices to Protect The Applicable Privileges During Internal Investigations,” Construction Industry Ethics & Compliance Initiative Spring Conference (May 7, 2014). Moderator: Andy Liu.
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“Fraud, Debarment & Suspension,” West Government Contracts Year In Review Conference (February 18-21, 2014). Speakers: Andy Liu and W. Stanfield Johnson.
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“Procurement Fraud: A Look at Trends in Government Enforcement and How to Tailor Your Compliance Efforts,” NCMA World Congress 2013, Nashville, TN (July 21-24, 2013). Presenters: Andy Liu and Jonathan Cone.
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“Expert Liability Reports & Depositions: Setting the Stage for Trial Testimony,” ABA National False Claims Act and Qui Tam Trial Institute, Washington, D.C. (June 5-7, 2013). Moderator and Presenter: Andy Liu.
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“Fraud, Debarment & Suspension,” West Government Contracts Year In Review Conference (February 19-22, 2013). Speakers: Andy Liu and W. Stanfield Johnson.
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“The Expanding Procurement Fraud Landscape: A Look at the Trends, Cases Developments in Government Enforcement over the Past Year,” Presentation to National Contract Management Association, Free State Chapter (January 17, 2013). Co-Presenters: Andy Liu and Jonathan Cone.
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“Fraud, Debarment & Suspension,” West Government Contracts Year In Review Conference (February 21-24, 2012). Speakers: Andy Liu and W. Stanfield Johnson.
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“Sustaining Corporate Compliance in an Era of Whistleblowers,” 2011 National Asian Pacific American Bar Association Convention, Atlanta, GA (Nov. 18-20, 2011). Panelist: Andy Liu.
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“Fraud, Debarment & Suspension,” West Government Contracts Year In Review Conference (February 22-25, 2011). Speakers: Andy Liu and W. Stanfield Johnson.
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“Update on the Foreign Corrupt Practices Act and the False Claims Act,” – Live Webcast with Grant Thornton (June 10, 2010). Presenters: Andy Liu, William Olsen (Grant Thornton), John Barnes (Grant Thornton).
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“Government Contracting and Mandatory Voluntary Disclosures,” ABA 23rd National Institute on White Collar Crime 2009 (March 4-6, 2009). Panelist: Andy Liu.
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“Evaluating the Effectiveness of Corporate Counsel Initiatives,” ABA Commission on Racial and Ethnic Diversity in the Profession’s Fall Minority Counsel Program (September 8, 2006). Panelist: Andy Liu.
Publications
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“Supreme Court Clarifies Subjective Meaning of ‘Knowingly’ Under the False Claims Act” Nichols Liu Legal Insights (blog) (June 6, 2023)
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“Top 10 False Claims Act Developments in 2022” American Bar Association Health eSource, Vol. 19, No. 7 (March 27, 2023)
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“Chief Compliance Officers Over a Barrel: Sign and Certify, or No Deal?” Nichols Liu Legal Insights (blog) (July 5, 2022) Co-authors: Andy Liu, and Haaleh Katouzian
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“Fourth Circuit Grants Rehearing En Banc in $680 Million Allergan FCA Case Dismissed Under Safeco’s Scienter (Knowledge) Standard” Nichols Liu Legal Insights (blog) (May 26, 2022) Co-authors: Robert Rhoad, Andy Liu, and Haaleh Katouzian
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“Top 10 False Claims Act Developments in 2021” American Bar Association Health eSource, Vol. 18, No. 6 (March 2022) Co-authors: Robert Rhoad, Andy Liu, and Haaleh Katouzian
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Tempest in a Teapot?: The False Claims Amendments Act of 2021 (August 27, 2021) Co-authors: Andy Liu, Robert Rhoad, and Haaleh Katouzian
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D.C. Circuit Upholds Overpayment Rule, Reverses Lower Court Ruling (August 16, 2021) Co-authors: Andy Liu, Robert Rhoad, and Haaleh Katouzian
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2020 Year-End Review of Top Health Care False Claims Act Enforcement Cases and Trends (February 2021) Co-authors: Andy Liu, Robert Rhoad, Andrew Victor, and Sam Van Kopp
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New Executive Order Establishes Boundaries for Federal Grantees’ and Contractors’ Workplace Diversity Training (September 28, 2020) Co- Authors: Andy Liu, Jeremiah Centrella, and Andrew Victor
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The Course of Dealing Doctrine in Government Contracts: The ASBCA Applies Years of Contract Performance to Resolve Ambiguity in Favor of Contractor (July 27, 2020) Co-authors: Andy Liu and Sam Van Kopp
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FCA Risks in the Wake of COVID-19: Be Prepared for the Inevitable Audits and Investigations (March 20, 2020) Co-Authors: Andy Liu, Robert Rhoad, Annie Kim, and Adrian Wigston
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How COVID-19 Contractors Can Benefit From the Defense Production Act (March 20, 2020) Co-Authors: Robert Nichols and Andy Liu
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AseraCare Resolves Historic False Claims Act Lawsuit, Preserving Key Lack of “Falsity” Defense (March 3, 2020) Co-Authors: Andy Liu, Robert Rhoad, and Andrew Victor
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The False Claims Act: Yesterday, Today, and Tomorrow-What A Long Strange Trip It’s Been-Part III-Tomorrow (November 13, 2019) Co- Authors: Andy Liu & Robert Rhoad
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The False Claims Act: Yesterday, Today, and Tomorrow-What A Long Strange Trip It’s Been-Today (November 5, 2019) Co-Authors: Andy Liu & Robert Rhoad
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The False Claims Act: Yesterday, Today, and Tomorrow-What A Long Strange Trip It’s Been-Part I (October 28, 2019) Co-Authors: Andy Liu & Robert Rhoad
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Sen. Grassley Grills DOJ Over FCA Dismissals (September 25, 2019) Co-Authors: Andy Liu & Robert Rhoad
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AseraCare is here! And in our clinical judgment, the Eleventh Circuit is not objectively wrong (September 13, 2019) Co-Authors: Andy Liu, Robert Rhoad, & Jason C. Lynch
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Strategy for Challenging the Administration’s Impoundment of Foreign Assistance Appropriations (August 13, 2019) Co-Authors: Andy Liu & Robert Nichols
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Challenging the Administration’s Impoundment of Foreign Assistance Appropriations (August 11, 2019) Co-Authors: Andy Liu & Robert Nichols
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Cisco Settles Cybersecurity Fraud Case (August 5, 2019) Co- Authors: Andy Liu & Jason C. Lynch
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Supreme Court Takes Up ACA Risk Corridors Case (July 2, 2019) Co- Authors: Andy Liu & Jason C. Lynch
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Cybersecurity as an Insecurity in the FCA Space (June 5, 2019) Co- Authors: Andy Liu, Robert Nichols & Jason C. Lynch
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Getting Investigations Right: Best Practices for Navigating Common and Divergent Interests (May 21, 2019) Co-Authors: Annie Kim, Adrian Wigston, Andy Liu, Robert Nichols
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Credit Where It’s Due: New Guidance from DOJ on Cooperation in FCA Cases (May 8, 2019). Co-Authors: Jason Lynch and Andy Liu
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FEATURE COMMENT: When The King No Longer Wants You Suing In His Name: The NHAG Saga And Its Implications For DOJ’s Ability To Dismiss Qui Tam Suits (May 1, 2019) Co-Authors: Jason Lynch, Bob Rhoad and Andy Liu
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Getting Disclosures Right: Navigating Risks and Inconsistencies Between Regulations and Agency Expectations (April 25, 2019) Co- Authors: Annie Kim, Adrian Wigston, Andy Liu, Robert Nichols
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Bracket Buster: Duke University Pays $112.5 Million in FCA Settlement, Nichols Liu LLP (March 29, 2019). Co-Authors: Jason Lynch and Andy Liu
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Top Cases And Developing Trends In FCA Litigation: Part 2, Law360 (February 8, 2019). Co-Authors: Andy Liu, Robert Rhoad, and Jason Lynch
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Top Cases And Developing Trends In FCA Litigation: Part 1, Law360 (January 7, 2019). Co-Authors: Andy Liu, Robert Rhoad, and Jason Lynch
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Law360: Circuits Left To Develop FCA Discovery Case Law, Law360 (January 7, 2019). Co-Authors: Andy Liu, Robert Rhoad, and Jason Lynch
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CLIENT ALERT: Three-Way Split on a Three-Year Provision: the FCA goes back to the Supreme Court, Nichols Liu LLP (December 3, 2018). Co- Authors: Andy Liu and Jason Lynch
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CLIENT ALERT: Petrobras Reaches Global Resolution of FCPA Allegations, Nichols Liu LLP (September 28, 2018). Co-Authors: Andy Liu, Jason C. Lynch.
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EXPERT ANALYSIS: The Insurance and Tax Consequences of Settling FCA Cases, Law360 (September 24, 2018). Co-Authors: Andy Liu, Jason C. Lynch.
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CLIENT ALERT: Technical Direction Letters Can Constitute Protestable Out-of Scope Modifications,” Nichols Liu LLP (September 11, 2018). Co- Authors: Robert Nichols, Andy Liu, Jason C. Lynch, Andrew Victor, Rebekah Woods.
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CLIENT ALERT: Second Circuit Reins in FCPA Jurisdiction,” Nichols Liu LLP (September 10, 2018). Co-Authors: Andy Liu, Jason C. Lynch.
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CLIENT ALERT: Ninth Circuit holds firm on implied certification after Escobar: “misleading half-truths” or nothing,” Nichols Liu LLP (August 30, 2018). Co-Authors: Andy Liu, Jason C. Lynch, Rebekah Woods.
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CLIENT ALERT: Another Win for Reasonableness,” Nichols Liu LLP (August 21, 2018). Co-Authors: Andy Liu, Jason C. Lynch.
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CLIENT ALERT: Prepare to “Deliver Uncompromised”,” Nichols Liu LLP (August 20, 2018). Co-Authors: Robert Nichols, Andy Liu, Jason C. Lynch, and Andrew Victor.
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“CLIENT ALERT: Recent Cases Up the Ante on DOJ’s Intervention Decisions”, Nichols Liu LLP (April 5, 2018). Co-Authors: Andy Liu and Jason C. Lynch.
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“What The DC Circ.’s KBR Decision Means For Compliance,” Law360 (July 7, 2014). Co-Author: Andy Liu and Brian Miller.
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“View From Crowell & Moring: The False Claims Act—Varied Approaches in Applying the Public Disclosure Bar,” Bloomberg BNA Federal Contracts Report (May 27, 2014). Co-Authors: Andy Liu, Brian T. McLaughlin, Jason C. Lynch.
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“FEATURE COMMENT: How to Protect Internal Investigation Materials from Disclosure,” The Government Contractor, Vol. 56, No. 14 (April 9, 2014). Co-Authors: Andy Liu, Gail D. Zirkelbach, and Jonathan Cone.
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“Ten FCA Decisions From 2013 That Government Contractors Need To Know,” The Government Contractor, Vol. 56, No. 8 (February 26, 2014). Co-Authors: Andy Liu, Jonathan Cone, and Olivia Lynch.
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“How Privilege Fits into the Compliance Puzzle,” HQ Investigations Quarterly, V.1, Issue 17 (2014). Co-Author: Brian Miller
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“The Top 10 FCA Decisions Of 2012 For Government Contractors,” The Government Contractor, Vol. 55, No. 1 (January 9, 2013). Co-Authors: Andy Liu, Jonathan Cone, and Robert J. Sneckenberg.
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“Ethical and Legal Challenges in the Pre-Unsealing Stages of Qui Tam Litigation,” ABA 9th Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement, Washington, D.C. (June 6-8, 2012). Co- Authors: Brian C. Elmer, Andy Liu, and Dalal Hasan.
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“Two Steps Forward, One Step Back – The D.C. Circuit Expands The False Claims Act’s Reach, But Not for Mere Mistakes,” The Government Contractor, Vol. 53, No. 4 (January 2011). Co-Authors: Andy Liu and Jonathan Cone.
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“The FAR Mandatory Disclosure Rules – You Do Not Have the Right to Remain Silent,” ABA 23rd National Institute on White Collar Crime 2009 (March 2009). Co-Authors: Andy Liu and Gunjan Talati.
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“The Government’s Overlooked Weapon in Protecting the Public Fisc: Dismissals Under 31 U.S.C. § 3730(c)(2)(A),” ABA 7th Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement (June 2008). Co-Authors: Brian C. Elmer, Andy Liu and Ann Mason Rigby.
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“Combating Human Trafficking: The Long Arm of the FAR,” International Government Contractor, Vol. 5, No. 1 (January 2008). Co- Authors: Andy Liu and Jane Foster.
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“The Insufficient Complaint – Consequences,” ABA 21st Annual National Institute on White Collar Crime 2007 (March 2007). Co- Authors: Brian C. Elmer and Andy Liu.
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“Government Employee-Relators: The Dr. Jekyll and Mr. Hyde Syndrome,” ABA 6th Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement, Washington, D.C. (June 2006). Co- Authors: Brian C. Elmer and Andy Liu.
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“‘Because of’: FCA Damages and Penalties,” American Conference Institute, False Claims Act Enforcement & Litigation (June 2005). Co- Authors: Brian C. Elmer and Andy Liu.
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“FCA Damages and Penalties: Recent Developments and Recurring Themes,” ABA 19th Annual National Institute on White Collar Crime 2005 (March 2005). Co-Authors: Brian C. Elmer and Andy Liu.
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“FCA Damages and Penalties: Recent Developments and Recurring Themes,” ABA 5th Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement (June 2004). Co-Authors: Brian C. Elmer and Andy Liu.
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“The Other Sheriff in Town – Qui Tam Actions Under the False Claims Act,” NMA Mining Lawyers Conference, Tucson, AZ (September 1998). Co-Authors: John Macleod and Andy Liu.
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“Full Inclusion and Deaf Education — Redefining Equality,” 24 J. Law & Educ. 241 (1995). Author: Andy Liu.
Address
Law Office of Andy Liu, PLLC
1000 E 41st St
Suite 250, PMB 188
Austin, TX 78751
Washington, DC 20002
Phone
301-758-7490