Douglas W. Baruch

He represents clients across the full spectrum of industries that are targeted for civil fraud enforcement by federal, state, and private parties (qui tam relators), including government contractors, aerospace and defense businesses, financial institutions, healthcare entities, and federal grant recipients. Doug also has an extensive commercial litigation practice.

Doug is Chambers-ranked for his nationwide FCA practice. He also lectures on various aspects of the FCA and authors and updates Civil False Claims and Qui Tam Actions (Wolters Kluwer, 5th Ed.), the comprehensive, two-volume treatise that frequently is cited by federal and state courts as an authority on the FCA. The treatise provides an extensive history of the federal law, an in-depth analysis of its liability, qui tam, and damages provisions and the case law interpreting them, extensive perspectives on FCA practice and procedure, and a survey of state and local false claims laws.

Before joining Morgan Lewis, Doug led the FCA practice at another global law firm.

• A domestic military aircraft manufacturer in government investigations and FCA litigation arising out of allegations that the manufacturer and a key supplier had knowingly installed nonconforming flight-critical structural components on fleet of trainer aircraft sold to the United States Air Force and Navy.
• A financial institution in multiple state false claims qui tam suits arising out of its escheatment of unclaimed property practices.
• Trust companies in FCA litigation arising out of servicer conduct on loans held by RMBS trusts in connection with the Home Affordable Modification Program (HAMP).
• An international manufacturer of commercial and military parts in an FCA matter involving allegations of improper testing to military standards.
• A US Department of Agriculture (USDA) contractor in connection with an internal investigation and voluntary disclosure to USDA arising out of vendor accounting charges.
• A nationwide insurance company in federal and state qui tam litigation alleging violations of the Medicare Secondary Payer Act.
• An international manufacturer in FCA litigation arising out of alleged avoidance of customs and anti-dumping duties as a result of country-of-original mismarking.
• An academic medical center in a series of federal agency investigations and related litigation alleging improper use of federal grant funds.
• A major government contractor providing support services in Iraq and Afghanistan in multiple government investigations and FCA litigations alleging fraudulent noncompliance with government regulations in connection with US Department of Defense and State Department service contracts.
• A State Department contractor in FCA litigation arising out of alleged mischarging activity in connection with a contract to provide aerial support services for operations in South America.
• A nationwide financial institution in FCA litigation arising out of allegations that the bank and its chief quality officer falsely certified to the Department of Housing and Urban Development that thousands of federally insured home mortgages (that later defaulted) met eligibility requirements.
• A nationwide property and casualty insurance company and Federal Emergency Management Agency flood insurance program contractor in FCA litigation arising out of allegations that the insurer had improperly shifted homeowner property losses to the federal program.
• A domestic supplier of gear systems in federal district court and appellate FCA litigation arising out of allegations that the company falsely certified compliance with manufacturing standards on aircraft parts.