Summary Judgment Granted for Caltech in False Claims Act Litigation

“We really appreciate the court’s thorough and thoughtful order. As the court found, contrary to the relator’s allegations, the Department of Energy approved and praised Caltech’s actions in this case. We’re thrilled to have obtained this result,” said counsel for Caltech, Joseph Reiter, to the Daily Journal.

The case arises out of the Joint Center for Artificial Photosynthesis (JCAP)—the nation’s largest research program dedicated to the development of artificial solar fuels—which Caltech has led for over ten years. The qui tam relator, Nathan Lewis, is a current Caltech professor and served as JCAP’s first Director. After Caltech removed Lewis as JCAP Director, he alleged that defendants had billed the DOE for nonconforming and unauthorized work, failed to disclose purported conflicts of interest, and made false certifications of compliance with contractual and legal requirements. Lewis asserted causes of action under the False Claims Act and separately claimed that Caltech had retaliated against him.

Hueston Hennigan obtained an early victory in October 2019 when the court granted our motion to dismiss. After Lewis amended his complaint, the case proceeded to discovery and substantial deposition practice, including a Rule 30(b)(6) deposition of the DOE.

On April 23, 2021, U.S. District Court Judge Christina A. Snyder granted Hueston Hennigan’s motions for summary judgment on all claims, representing a complete victory for all defendants.

As one of the most prestigious research institutions in the United States, this case is important to Caltech’s reputation and its relationship with the DOE and other federal agencies that it depends on for funding.

The Hueston Hennigan team included John Hueston, Moez Kaba, Joseph Reiter, Karen Ding, and Montae Langston London.

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Plessman and Chou Once Again Named Among Women Of Influence

Ms. Plessman has established herself as a top litigator, representing clients in high stakes matters, including securities fraud, copyright infringement, wildfire litigation, trade secret theft, breach of contract and professional negligence matters, and white collar defense. From securing a preliminary injunction against SweeGen, Inc. in favor of its minority shareholders in an action alleging breaches of fiduciary duties, self-dealing, and securities fraud, to winning a motion to dismiss in favor of Broadcom Corporation, Ms. Plessman consistently delivers successful outcomes for high-profile clients faced with complex, challenging business, regulatory, and criminal matters.

Ms. Chou, a recognized rising star, is a partner and a key member of the White Collar and Investigations team. She is a seasoned trial and appellate attorney and recently served as a Deputy Chief in the U.S. Attorney’s Office in the Central District of California. Since joining Hueston Hennigan, Ms. Chou has been involved with developing strategies related to many of the firm’s complex and high-profile cases. She has been recognized as a rising star by multiple publications: 40 & Under Hot List by Benchmark Litigation (2020), Top Women Attorneys and Top Minority Attorneys List by the Los Angeles Business Journal (2020), and one of only 20 recipients of National Asian Pacific American Bar Association’s (NAPABA) 2020 Best Under 40, a significant accomplishment as the field includes those in all areas of the law, including the judiciary, academia, and politics.

The Los Angeles Business Journal recognized LA’s most influential attorneys. These women have been singled out for being particularly impactful on the legal scene while serving as trusted advisors in the LA region, along with maintaining the highest professional and ethical standards, and for contributions to the Los Angeles business and legal community at large.

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