False Claims Act Enforcement: Defense Strategies in 2020
The False Claims Act (FCA) is one of the federal government's most powerful tools to combat fraud in various industry sectors. By revisiting and regularly updating its approaches, the government continues to affirm its intent to pursue FCA claims. As part of this process, the Department of Justice (DOJ) recently issued statements and guidance regarding its plans of new approaches to FCA cases – a move which is expected to expand its enforcement efforts.
It is imperative for companies to stay up-to-date with these emerging changes and how they can guard their businesses.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide the audience with an in-depth analysis of the recent developments in False Claims Act enforcement. Speakers will also present key defense strategies for companies defending against FCA claims in this rapidly evolving area of law.
Key topics include:
- Unique Aspects of FCA Claims and Procedures
- Factors Affecting FCA Exposure
- Risks and Challenges
- Pre-Litigation Strategies
- Representing the Defense in Litigation and at Trial
Jennifer Short, Partner
- Unique Aspects of the False Claims Act
- False Claims Act Investigations and Procedures
- Key Junctures in Presenting Your Defense
Kevin D. Porter, Partner
Vigorito, Barker, Patterson, Nichols & Porter, LLP
- Factual scenarios which can lead to False Claim investigations and inquiries;
- Importance of an effective Compliance Program in identifying high risk areas and mitigating the impact of the investigative process;
- Need for accurate identification of the issues and available documentation at the commencement of the investigative process;
- Importance of maintenance of Attorney Client privilege at all stages of inquiry (Beware of unnecessary client e-mails!);
- Communication with the investigative agency and ensuring narrowing scope of the inquiry;
- Strategies for early settlement in appropriate cases.
Paul Chan, Principal
Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C.
- Litigation Defense Strategies
- Challenge the pleadings – Rule 9 and the public disclosure bar
- Abusive cases are “sometimes” dismissed – the Granston Memo and government discretion
- Materiality is fair game – Escobar and the focus on government conduct
- Know your adversary – trying cases against relators vs. the government
Who Should Attend:
- White Collar Defense Attorneys
- False Claims Act Lawyers
- Corporate Counsel
- Compliance Executives
- Top-Level Executives
Paul Chan serves as the managing principal of Bird Marella and focuses his practice on the trial and arbitration of complex business disputes, including commercial fraud, class action, securities, and intellectual property litigations. He also represents companies and individuals in regulatory and parallel civil/criminal investigations, and has particular expertise litigating cases involving the False Claims Act, civil RICO statutes, unfair competition, and theft of trade secrets.
Mr. Chan possesses over 25 years of extensive trial experience and has successfully tried numerous jury trials, bench trials, and binding arbitrations before both commercial and securities arbitration tribunals. His clients include Fortune 500 corporations, major financial institutions, and emerging technology companies.
Mr. Chan has been recognized as the “Trial Lawyer of the Year” by the Century City Bar Association, and named among the “Most Influential Minority Attorneys” by the Los Angeles Business Journal.
Paul Chan serves as the managing principal of Bird Marella and focuses his practice on the trial and arbitration of …
Jennifer Short is a partner at KaiserDillon, PLLC, a litigation boutique in Washington, DC. Ms. Short has broad experience with government and internal investigations, particularly related to procurement and health care fraud matters. She advises corporate and individual clients on responding to government investigations and how best to manage the risks of civil, criminal, and administrative enforcement, whether through disclosure, negotiation, or litigation.
Ms. Short served as an Assistant U.S. Attorney for the District of Columbia from 2010-2018. There, she led teams of agents and attorneys to investigate and prosecute civil False Claims Act allegations. She frequently collaborated with the Civil Frauds division of the Department of Justice and other U.S. Attorney Offices around the country on investigations of large-scale fraud schemes. During her tenure at the U.S. Attorney’s Office, Ms. Short negotiated False Claims Act recoveries ranging from $1 million in a procurement fraud matter to a $350 million health care fraud settlement. In 2018, Ms. Short tried a False Claims Act/kickback case to a jury, resulting in a $118 million judgment for the United States.
Before her government service, Ms. Short was a partner at Holland & Knight, LLP, where she was a member of the firm’s Litigation Section and White Collar, Corporate Compliance, Government Contracts, and Healthcare Teams. She litigated numerous complex commercial and civil fraud matters, led internal investigations, responded to government investigations, prepared voluntary disclosures, and negotiated settlements on behalf of corporations and C-level executives.
Ms. Short earned her J.D. from the University of Virginia School of Law and her undergraduate degree from Duke University.
Jennifer Short is a partner at KaiserDillon, PLLC, a litigation boutique in Washington, DC. Ms. Short has broad experience with …
Kevin D. Porter has focused his legal practice in a variety of health care law areas including administrative hearings before state and federal regulatory bodies, contracts, representing physicians and other ancillary health care professionals in disciplinary proceedings, advising clients on Anti-Kickback and Stark issues, and assisting health care facilities, including hospitals and nursing homes, with compliance issues, and preparation of effective responses to Joint Commission, and state and federal regulatory citations. Kevin also assists clients confronted with regulatory and criminal investigations arising from healthcare transactions and activities.
Kevin has been recognized as a preeminent member of the Bar by Martindale Hubble. He has taught Health Care Law in the Graduate School at the New School University, and has lectured on a broad range of healthcare topics at multiple conventions throughout the United States on subjects as diverse as “The Criminalization of Ordinary Negligence” in a patient treatment setting, and has also spoken on structural issues and regulatory compliance affecting large healthcare organizations. He has additionally lectured at the St. John’s School of law on the Affordable Care Act, and the multiple effects and implications of this statute on the healthcare delivery system.
Mr. Porter is a graduate of the Wagner School of Public Administration where he received a Masters of Public Administration, with a specialization in Health Care. Prior to completing his graduate work at New York University, Mr. Porter worked as an Assistant Director in Administration at Bellevue Hospital Center for seven years with administrative responsibility for Obstetrics/Gynecology, Prison Health Services, and multiple surgical sub-specialties including Otolaryngology, Rehabilitation, Ophthalmology, and Urology. Kevin graduated from Brooklyn Law School with his juris doctor degree and completed his undergraduate work at Stanford University where he graduated with a B.A. in History. He is an active member of the American Healthcare Lawyers Association.
Kevin D. Porter has focused his legal practice in a variety of health care law areas including administrative hearings before …
Print and review course materials
Method of Presentation:
General knowledge of false claims act enforcement
NY Category of CLE Credit:
Areas of Professional Practice
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About Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C.
Established in 1981 and based in Los Angeles, Bird Marella engages solely in the practice of complex civil and white collar criminal litigation. A litigation boutique by design, the firm is comprised of trial lawyers who defend national and multinational corporations, government agencies, closely held companies, partnerships and individuals. Bird Marella cases are diverse but share a common thread: sophisticated, high-exposure disputes and the need for creative and aggressive counsel to meet complex challenges.
About KaiserDillon PLLC
KaiserDillon PLLC has extensive experience representing individuals and companies in high stakes white-collar criminal matters, government investigations, and civil fraud enforcement cases.
Our firm has been involved in some of the most important, high-profile investigations of recent years. We represented multiple clients involved in Special Counsel Mueller’s investigation, for example, as well as related Congressional oversight inquiries. While federal government authorities are involved in most of our engagements, KaiserDillon also works with clients caught in sensitive allegations of potential wrongdoing with a political dimension at the local and state levels.
We frequently represent executives, employees, or groups of employees, in matters involving corporate conduct – whether as part of an internal investigation or audit, or where the company’s activities have drawn attention from the Department of Justice, the Securities and Exchange Commission, the Federal Trade Commission, or any of the various Offices of Inspector General. We have experience with cross-border investigations and are sensitive to the unique issues that arise when coordinating with counsel in other jurisdictions. Regardless of the particular circumstances, we advise our clients on their best options for minimizing, resolving, or contesting their legal exposure.
KaiserDillon has been recognized for its work in Chambers USA, Legal 500, and Best Lawyers.
About Vigorito, Barker, Patterson, Nichols & Porter, LLP
VBPNP has deep bench of talented trial attorneys, who have collectively taken more than 1,000 verdicts, with a proven track record of success. When results matter most, we are chosen to defend sensitive, high exposure cases. Our clients have come to expect outstanding results secondary to our creative and relentless approach to each case. We currently serve as lead counsel in significant litigation on behalf of the largest insurance, corporate and medical entities in our service areas. Our talented appellate attorneys are at the ready to address issues as they arise in the court room. This has contributed to a remarkable number of directed verdicts at trial, obviating the risk associated with jury deliberation.
Throughout our history, we have developed long-term, collaborative relationships with a growing list of clients founded upon mutual respect, honesty and loyalty. Our services are tailored to cater to the unique needs and expectations of each client. VBPNP is here to respond to our client’s urgent concerns when they arise; not solely when it’s convenient. We are more than just lawyers; we are counselors in the truest sense of the word.