Demystifying the DOJ’s New False Claims Act Guidance: Navigating Implications to the Year Ahead
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
Gombos Leyton, PC
- Overview of the Cooperation Credit Guidance
- Earning credit
- Credit Application
- Issues with Guidance
- Best-practices post-Guidance
- Overview of the Granston Memo
- Motions to Dismiss
- Dismissal Factors
- March 2019 comments
- Circuit Split
- Dismissals to Date
- Best Practices
- Escobar & Granston
- Overview of the Brand Memo
- Emerging Trends/Enforcement Areas
- Procurement Strikeforce
- Medicare Strikeforce
- Third-Party Funding
- PE owners
- Higher Education
Who Should Attend:
- White Collar Defense Attorneys
- False Claims Act Lawyers
- Corporate Counsel
- Compliance Executives
- Top-Level Executives
Jacob Shorter is an associate attorney at Gombos Leyton PC. His practice primarily focuses on False Claims Act defense, particularly involving colleges and universities. In addition to defending clients facing FCA liability, Jacob also represents clients in a broad range of civil litigation, including administrative law, employment law, higher-education law, and commercial disputes.
Mr. Shorter received his J.D. from George Mason University School of Law and his B.A. from the University of Tennessee at Martin.
Jacob Shorter is an associate attorney at Gombos Leyton PC. His practice primarily focuses on False Claims Act defense, particularly …
Rachael Plymale is an attorney in Morrison & Foerster’s Government Contracts group. She represents both large and small government contractors in a full range of contract matters including False Claims Act litigation, investigations, bid protests, contract claims and disputes, and size determinations. Rachael has represented contractors in internal and external investigations of all sizes and in disclosures to the government. She has represented clients in both pre- and post-award bid protests before the Government Accountability Office and the Court of Federal Claims as well as contract terminations and requests for equitable adjustments at the Boards of Contract Appeals. Her practice also includes counseling clients on a variety of regulatory and contractual compliance issues, particularly in small business matters such as appeals at the SBA's Office of Hearings and Appeals and small business contracting.
Rachael Plymale is an attorney in Morrison & Foerster’s Government Contracts group. She represents both large and small government contractors …
Print and review course materials
Method of Presentation:
General knowledge of cooperation credit in false claims act cases
NY Category of CLE Credit:
Areas of Professional Practice
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About Gombos Leyton, PC
Gombos Leyton PC is a boutique law firm providing full-service, business-effective representation for businesses and senior management.
About Morrison Foerster
With approximately 1,000 lawyers in 17 offices, Morrison & Foerster is a preeminent global law firm dedicated to delivering business-oriented results to clients across the United States, Europe and Asia. Dynamic technology and life science companies, large financial institutions, leading consumer product companies and other market leaders come to Morrison & Foerster for knowledge, innovation and business aptitude. Morrison & Foerster handles some of the world’s largest crossborder transactions and resolves major disputes across multiple jurisdictions. The firm has a long-standing commitment to pro bono work and social justice.