False Claims Act: A Look Back and 2021 Expectations
The False Claims Act (FCA) remains to be the primary tool used by the government in fighting fraudulent crimes in various sectors. With the significantly increasing number of settlements under FCA for the past years and the heightened enforcement actions that expose several industries to the risk of investigations, companies must always be in the know of the recent developments shaping the landscape. An in-depth understanding of the trends will help them avoid liability risks and ensure compliance.
In this LIVE Webcast, litigation experts Lyle F. Hedgecock (Morrison Foerster) and Stefan Boedeker (Berkeley Research Group, LLC) will provide the audience with an overview of the significant trends surrounding the False Claims Act (FCA). They will present an in-depth analysis of the recent developments as well as the impending challenges and expectations in the near future.
Some of the major topics that will be covered in this course are:
- False Claims Act – A Look-Back
- Recent Trends and Developments
- Common Risks and Challenges
- Best Defense Strategies
- What Lies Ahead
Stefan Boedeker, Managing Director
Berkeley Research Group, LLC
- Review of Fiscal 2020 from an expert’s point of view
- Where was the money?
- Settlement versus Judgements
- Relator/Qui Tam versus DOJ enforcement activities
- The Use of Statistical Sampling to establish liability, damages, and penalties
- Growing Trend for 2021: The Use of Big Data to find “Evidence” to file cases
Lyle F. Hedgecock, Associate
Morrison & Foerster LLP
- Updates on Escobar Materiality
- U.S. ex rel. Janssen v. Lawrence Memorial Hospital, No. 19-3011, 2020 WL 594508 (10th Cir. Feb. 7, 2020).
- United States ex rel. Hassan Foreman v. AECOM Government Services, Inc., No. 16 Civ. 1960 (S.D.N.Y. Apr. 13, 2020)
- Objective Falsity and Ambiguous Rules
- 3rd & 9th Circuits: Subjective medical opinions can be false.
- 11th Circuit: Mere differences in medical opinions alone cannot show falsity.
- 4th Circuit: Reasonable interpretations may be permissible
- Government Investigations.
- Recent Investigations
- Paycheck Protection Program and COVID-19
- Dept. of Justice’s proposed use of data analytics to identify fraud
- U.S. ex rel. Fesenmaier v. The Cameron-Ehling Group, Inc., 2020 WL 986577 (D.Minn. March 2, 2020)
Who Should Attend:
- White Collar Defense Attorneys
- False Claims Act Lawyers
- Corporate Counsel
- Compliance Executives
- Top-Level Executives
Lyle Hedgecock is an associate in the Government Contracts practice group in the Washington, D.C. office.
Prior to joining Morrison & Foerster, Lyle served as a law clerk at the U.S. Court of Federal Claims, and had a decorated military career in the U.S. Air Force. Following his active-duty service, he provided legal services to the Air Force Legal Office, Joint Base Andrews, to resolve high-profile white-collar investigations of suspected Federal Acquisition Regulation violations and counseled government clients on Federal Acquisition Regulation compliance issues.
Lyle Hedgecock is an associate in the Government Contracts practice group in the Washington, D.C. office. Prior to joining Morrison …
Mr. Boedeker is a Managing Director at Berkeley Research Group where he focuses on the application of economic, statistical, and financial models to a variety of areas such as solutions to business issues, complex litigation cases, and economic impact studies. He has extensive experience applying economic and statistical theories and methodologies to a wide variety of cases where But-for-scenarios have to be developed based on probabilistic methods and where statistical predictive modeling has to be applied to assess liability and damages.
For more than 25 years, Mr. Boedeker has applied these techniques in business disputes, single-plaintiff cases, multi-plaintiff cases, and class action proceedings in the areas of class certification, liability assessment, developing damages scenarios, and post settlement or judgment distributions.
Mr. Boedeker is a Managing Director at Berkeley Research Group where he focuses on the application of economic, statistical, and …
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Method of Presentation:
On-demand Webcast (CLE)
General knowledge of false claims act
NY Category of CLE Credit:
Areas of Professional Practice
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About Morrison & Foerster LLP
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 MoFo for knowledge, innovation and business aptitude. MoFo 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.
About Berkeley Research Group, LLC
Berkeley Research Group (BRG) is a global consulting firm that helps leading organizations advance in three key areas: disputes and investigations; corporate finance; and strategy and operations. Headquartered in California with offices around the world, we are an integrated group of experts, industry leaders, academics, data scientists, and professionals working beyond borders and disciplines. We harness our collective expertise to deliver the inspired insights and practical strategies our clients need to stay ahead of what’s next.
Working with BRG means being connected to a deep pool of experts who have substantial experience providing independent and objective testimony and consulting services in class action litigation. BRG experts have served as testifying expert witnesses and consultants in class actions concerning a wide variety of matters, including direct and indirect purchaser antitrust cases and securities, wage and hour, consumer protection, and breach-of-contract actions.