The Salcido Report
Robert Salcido represents clients in False Claims Act (FCA) and qui tam litigation and provides counseling regarding the application of health care fraud and abuse laws. As lead counsel, he has successfully defended a number of FCA actions by obtaining the dismissal of the lawsuit on appeal, at trial, at summary judgment and at the pleading stage.
Find a list of thought leadership regarding FCA and qui tam litigation below:
- 12.11.25 - Previewing Appellate Arguments on Whether the False Claims Act’s Qui Tam Provisions Are Constitutional and, If Not, the Remedy: What to Expect in 2026 and Beyond
- 09.23.25 - Circuit Split Regarding But-For Causation in False Claims Act/Anti-Kickback Act Cases: Are There Two Pathways to Establish FCA Falsity in These Cases or Just One?
- 03.15.24 - Courts Should Finally Rule That the False Claims Act Qui Tam Provisions Are Unconstitutional
- 07.12.23 - False Claims Act Knowledge Element after Schutte: What Is Lost, What Remains, What Companies Should Do Next to Minimize Exposure to Liability
- 04.28.22 - Multiple Appellate Courts Now Rule that Government and Relator Cannot Take Advantage of Ambiguous Law to File False Claims Act Lawsuit to Obtain Treble Damages and Civil Penalties
- 01.18.22 - OIG Joint Venture Advisory Opinion Does Not Consider Multiple Court Decisions That Undermine the Conclusions in Its Opinion
- 11.24.20 - When Can Opinions be "False" and Result in False Claims Act Liability: Three Circuit Courts Provide Conflicting Guidance
- 01.27.20 - False Claims Act – Year In Review: Five Decisions That Will Affect the Future of FCA Litigation
- 10.10.19 - 11th Circuit’s Decision in AseraCare: Important in Determining When Clinical Judgment Regarding Medical Necessity Can Result in an Overpayment and How Evidence Regarding Corporate Knowledge Must be Tied to Claims to Establish False Claims Act Liability
- 06.24.19 - Three Years After Escobar: Lessons Learned Regarding Plaintiffs’ Efforts To Neutralize Escobar and Opportunities This Practice Raises for Defendants
- 02.12.18 - False Claims Act Circuit Splits—FCA Issues That May Soon Reach The Supreme Court Or Lead To Congressional Amendment
- 10.09.17 - Under What Circumstances Can a Private Qui Tam Plaintiff Overrule Government Agency Experts' Use of Administrative Discretion to File False Claims Act Actions in the Post-Escobar FCA World?
- 09.26.16 - Recent Significant Case Law Developments Regarding What Constitutes a Reckless Interpretation of a Law and When Retention of an Overpayment Violates the False Claims Act
- 02.25.16 - What Must the Government Prove to Establish that a Defendant Recklessly Interpreted a Statute or Regulation in Violation of the False Claims Act?
- 12.21.15 - Understanding When An Overpayment Can Result in False Claims Liability and Why Current Court Precedent and Regulatory Guidance Is Mistaken
- 10.28.15 - Minimizing Exposure to Stark Law Liability in False Claims Act Cases by Isolating Those Who Determine Fair Market Value From Those Who Measure Contribution Margin or Other Similar Operational Data
- 10.01.15 - When a Violation of a Rule or Regulation Becomes an FCA Violation: Understanding the Distinction Between Conditions of Payment and Conditions of Participation
- 09.25.15 - False Claims Act Public Disclosure Alert
