Demystifying the DOJ’s New False Claims Act Guidance: Navigating Implications to the Year Ahead

Overview:

Earlier in 2019, the Civil Division of the U.S Department of Justice (DOJ) released formal guidance in clarifying the manner in which the DOJ allocates credit to defendants who cooperate with government investigations in False Claims Act matters. These guidelines emphasize voluntary disclosure and provide insight into actions that could give rise to cooperation credit. Particularly, the guidance validates the factors that prosecutors should consider when evaluating if an entity should receive cooperation credit and its extent. Cooperation credit generally results in DOJ’s diluting penalties or damages imposed in an FCA resolution. However, it remains ill-defined how much credit cooperating individuals and companies will take benefit of this.

Thus, companies that discover potential False Claims Act violations should immediately consult with their counsel about the procedural steps to follow.

In this LIVE Webcast, FCA attorneys Jacob Shorter (Gombos & Leyton) and Rachael K. Plymale (Morrison Foerster) will provide and present to the audience an in-depth analysis of the fundamentals as well as recent developments regarding the DOJ’s new False Claims Act guidance. Speakers will also present all important issues surrounding this significant topic and implementation of measures to reduce the risk of repetition and to identify future risks.

This LIVE Webcast will discuss the following key provisions:

• DOJ’s New False Claims Act Guidance – An Overview
• Current Trends and Recent Developments
• Key Issues
• Litigation Challenges
• Measures in Mitigating Risks

Agenda:

Who Should Attend:

• White Collar Defense Attorneys
• False Claims Act Lawyers
• Corporate Counsel
• Compliance Executives
• Top-Level Executives