False Claims Act: Enforcement and Compliance Issues Explored
Overview:
Since January 2009, the Department of Justice has pulled in more than $13 billion in False Claims Act recoveries and there is no indication the Department will slow enforcement actions any time soon. In recent remarks, Tony West, the acting associate attorney general of the DOJ, told reporters that “the False Claims Act is, quite simply, the most powerful tool that we have to deter and redress fraud.” In 2013, we can likely expect new and expanded DOJ enforcement actions seeking stiff penalties and possible suspension and debarments for firms doing business with the federal government. It is essential for companies to not only understand the False Claims Act, but to be current on the latest enforcement and compliance trends and developments to avoid potential pitfalls and mitigate risk.
A panel of distinguished thought leaders and key regulator/s assembled by The Knowledge Group will chair an interactive webcast, addressing the most significant enforcement and compliance issues, including:
- Overview of the False Claims Act
- Regulatory Updates and Enforcement Developments
- Key Takeaways from Related CasesM
- Identify Risks for Potential FCA Violations
- Develop a Robust Compliance Program
- And so much more!
Join us for this two-hour LIVE webcast and get a chance to ask the speakers your questions, LIVE!
Agenda:
Laura F. Laemmle-Weidenfeld, Partner,
Patton Boggs LLP
o Subindustry areas of focus (home health, long-term care, hospitals, pharma, devices)
o Financial relationship cases (AKS, Stark)
o Worthless services cases
o Medical necessity cases
o whether, when and how to self-disclose
o potential impact under FCA
- Elements and background of FCA, including 2009 and 2010 amendments
- Recent trends under the FCA in health care cases:
- Self-disclosures and the FCA:
- Calculating damages under the FCA
Andrew W. Schilling , Partner ,
BuckleySandler LLP
o How the FCA Applies to Mortgage Lending
o Brief Review of Recent Cases & Settlements
o Expansion of FCA and Implications for Conventional Loan Sales to GSEs
o Broadened Use of Civil Investigative Demands
- Enforcement Trend: DOJ Increasingly Applying FCA to Financial Fraud
- Enforcement of the FCA Against Mortgage Lenders
- The Impact of the 2009 Amendments to the FCA (FERA) on Financial Fraud Cases
- What to Expect Going Forward
David Stone, Managing Partner,
Stone & Magnanini
- The increase in health care cases following the 1986 amendments to the False Claims Act.
- The amount of health care recoveries for off-label marketing claims.
- The statutes and regulations that are violated by off-label marketing.
- The conduct of pharmaceutical companies, drug representatives, physicians, and pharmacies that lead to off-label marketing claims.
- The government’s legal theory of an off-label marketing claim.
- The illegal action in an off-label marketing claim: prescription vs. marketing.
- Kickbacks in an off-label marketing claim.
- The holding of United States v. Coronia.
- Implications of United States v. Coronia: speech alone is not evidence of misbranding.
- Proving an off-label marketing claim post-United States v. Coronia.
Jim (James S.) Thiel, Chief Legal Counsel,
State of Wisconsin Department of Transportation
- FALSE CLAIMS AND PUBLIC WORKS CONTRACTING
- EXTENT/EFFECTIVENESS OF STATE AND LOCAL FALSE CLAIMS ACTS
- LESSONS FROM LEADING RECENT CASES
- PUBLIC TRANSPORTATION CONTRACTING IN PARTICULAR- HIGHWAY, AIRPORT, TRANSIT
- PREVALENCE OF OTHER GOVERNMENTAL REMEDIES RELATED TO TRANSPORTATION CONTRACTING
a. DEBARMENTS/SUSPENSIONS — FEDERAL/STATE
b. CONSEQUENCES — WHY EFFECTIVE
- A. ADMINISTRATIVE
- CIVIL
- CRIMINAL
- RECURRING PROBLEMS
DBE/MBE/WBE ISSUES
BUY AMERICA/AMERICAN
STATE/LOCAL GOVERNMENT LIABILITY FOR FALSE CLAIMS?
- STRUCTURE OF FEDERAL TRANSPORTATION FUNDING RELATIONS
- SUBCONTRACTORS/SUPPLIERS
- INFLATED CLAIMS/FALSE CERTIFICATIONS
- UNIQUE TO TRANSPORTATION CONTRACTING?
Who Should Attend:
Attorneys and Consultants who advise clients on FCA related issues
– General Counsel
– Senior Executives
– Risk Executives
– Audit & Compliance Executives from Government Contractors
– And other interested professionals
Laura Laemmle-Weidenfeld is a partner at Patton Boggs LLP in Washington, DC. During her seven years at Patton Boggs, she …
Andrew W. Schilling, a partner at BuckleySandler LLP, leads the New York office’s government enforcement practice. Mr. Schilling represents entities …
Douglas W. Baruch, a partner at Fried, Frank, Harris, Shriver & Jacobson LLP, leads the Firm’s False Claims Act and …
David Stone is the Managing partner of Stone and Magnanini and heads up its False Claims Act practice. Previously, Mr. …
Jim (James S.) Thiel is Chief Legal Counsel of the State of Wisconsin Department of Transportation. Mr. Thiel has over …
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
NONE
Course Code:
124400
NASBA Field of Study:
NY Category of CLE Credit:
Total Credits:
2.0 CLE
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SPEAKERS' FIRMS:
Patton Boggs LLP
About Patton Boggs LLP
Patton Boggs is a leader in public policy, litigation and business law, and is well known for deep bipartisan roots in the political arena. The firm’s core practice areas are government relations and lobbying, administrative and regulatory, commercial and transactional, litigation and dispute resolution, intellectual property and international law.
From offices in Washington, D.C., New York, New Jersey, Dallas, Denver and Anchorage; and internationally in Doha, Riyadh, and Abu Dhabi, more than 550 lawyers and professionals provide comprehensive, practical and cost-effective legal counsel to clients around the globe. For more information about the firm or its attorneys, visit www.pattonsboggs.com
About BuckleySandler LLP
With over 150 lawyers in Washington, New York, Los Angeles, and Orange County, BuckleySandler provides best-in-class legal counsel to meet the challenges of its financial services industry and other corporate and individual clients across a full range of government enforcement actions, complex and class action litigation, and transactional, regulatory, and public policy issues. The Firm represents many of the nation’s leading financial services institutions. “The best at what they do in the country.” (Chambers USA).
Website: http://www.buckleysandler.com/
About Fried, Frank, Harris, Shriver & Jacobson LLP
From offices located in the world’s principal financial centers, Fried Frank, Harris, Shriver & Jacobson LLP’s lawyers advise clients in their most critical legal and business needs. Fried Frank’s False Claims Act attorneys have extensive experience in every facet of the civil False Claims Act, and have been on the cutting edge of litigation and debate about the FCA’s interpretation scope. The Firm regularly represents financial industry, defense, health care, and other government contractors in high stakes cases. The Firm’s FCA practitioners also assist and represent entities not normally associated with federal and state fraud investigations, such as municipal airport authorities, computer manufacturers, private and state universities, academic medical centers, import and export companies, major accounting and consulting firms, magazine publishers, and oil and gas exploration companies.
Website: http://www.friedfrank.com/
About Stone & Magnanini
Stone & Magnanini LLP is a premiere trial firm with a demonstrated track record of results. Formed by New York and New Jersey top-rated lawyer David Stone, the firm focuses on intellectual property cases and fraud-related litigation, including False Claims Act whistleblower cases. “Whatever the matter, we pride ourselves on our responsiveness and creativity in achieving practical business results for our clients,” notes Stone, who manages the firm. “We view our clients as partners in a joint endeavor, so our ultimate success depends on achieving excellent results for them in both the short- and long-term.”
The firm’s attorneys have worked with clients and the U.S. government to obtain more than $1 billion in revenues, including some of the largest whistleblower recoveries in history. The firm also secured one of the largest intellectual property jury verdicts in New York last year—as voted by the New York Law Journal—in a patent infringement case against a major internet provider.
Website: http://www.stonemagnalaw.com/
About State of Wisconsin Department of Transportation
Stone & Magnanini LLP is a premiere trial firm with a demonstrated track record of results. Formed by New York and New Jersey top-rated lawyer David Stone, the firm focuses on intellectual property cases and fraud-related litigation, including False Claims Act whistleblower cases. “Whatever the matter, we pride ourselves on our responsiveness and creativity in achieving practical business results for our clients,” notes Stone, who manages the firm. “We view our clients as partners in a joint endeavor, so our ultimate success depends on achieving excellent results for them in both the short- and long-term.”
The firm’s attorneys have worked with clients and the U.S. government to obtain more than $1 billion in revenues, including some of the largest whistleblower recoveries in history. The firm also secured one of the largest intellectual property jury verdicts in New York last year—as voted by the New York Law Journal—in a patent infringement case against a major internet provider.
Website: http://www.stonemagnalaw.com/