HomeWebcastFalse Claims Act: Enforcement and Compliance Issues Explored
 CLE

False Claims Act: Enforcement and Compliance Issues Explored

Live Webcast Date: Wednesday, March 13, 2013 from 12:00 pm to 2:00 pm (ET)
Legal (CLE)Recording

Join us for this Knowledge Group Webinar. 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 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

    1. Elements and background of FCA, including 2009 and 2010 amendments
    2. Recent trends under the FCA in health care cases:
    3. Self-disclosures and the FCA:
    4. 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

    1. Enforcement Trend: DOJ Increasingly Applying FCA to Financial Fraud
    2. Enforcement of the FCA Against Mortgage Lenders
    3. The Impact of the 2009 Amendments to the FCA (FERA) on Financial Fraud Cases
    4. What to Expect Going Forward

    David Stone, Managing Partner,
    Stone & Magnanini

    1. The increase in health care cases following the 1986 amendments to the False Claims Act.
    2. The amount of health care recoveries for off-label marketing claims.
    3. The statutes and regulations that are violated by off-label marketing.
    4. The conduct of pharmaceutical companies, drug representatives, physicians, and pharmacies that lead to off-label marketing claims.
    5. The government’s legal theory of an off-label marketing claim.
    6. The illegal action in an off-label marketing claim: prescription vs. marketing.
    7. Kickbacks in an off-label marketing claim.
    8. The holding of United States v. Coronia.
    9. Implications of United States v. Coronia: speech alone is not evidence of misbranding.
    10. Proving an off-label marketing claim post-United States v. Coronia.

    Jim (James S.) Thiel, Chief Legal Counsel,
    State of Wisconsin Department of Transportation

    1. FALSE CLAIMS AND PUBLIC WORKS CONTRACTING
    2. EXTENT/EFFECTIVENESS OF STATE AND LOCAL FALSE CLAIMS ACTS
    3. LESSONS FROM LEADING RECENT CASES
    4. PUBLIC TRANSPORTATION CONTRACTING IN PARTICULAR- HIGHWAY, AIRPORT, TRANSIT
    5. PREVALENCE OF OTHER GOVERNMENTAL REMEDIES RELATED TO TRANSPORTATION CONTRACTING

      a. DEBARMENTS/SUSPENSIONS — FEDERAL/STATE

      b. CONSEQUENCES — WHY EFFECTIVE

      1. A. ADMINISTRATIVE
      2. CIVIL
      3. CRIMINAL
    6. RECURRING PROBLEMS

      DBE/MBE/WBE ISSUES

      BUY AMERICA/AMERICAN

      STATE/LOCAL GOVERNMENT LIABILITY FOR FALSE CLAIMS?

      1. STRUCTURE OF FEDERAL TRANSPORTATION FUNDING RELATIONS
      2. SUBCONTRACTORS/SUPPLIERS
      3. INFLATED CLAIMS/FALSE CERTIFICATIONS
      4. 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 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

    1. Elements and background of FCA, including 2009 and 2010 amendments
    2. Recent trends under the FCA in health care cases:
    3. Self-disclosures and the FCA:
    4. 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

    1. Enforcement Trend: DOJ Increasingly Applying FCA to Financial Fraud
    2. Enforcement of the FCA Against Mortgage Lenders
    3. The Impact of the 2009 Amendments to the FCA (FERA) on Financial Fraud Cases
    4. What to Expect Going Forward

    David Stone, Managing Partner,
    Stone & Magnanini

    1. The increase in health care cases following the 1986 amendments to the False Claims Act.
    2. The amount of health care recoveries for off-label marketing claims.
    3. The statutes and regulations that are violated by off-label marketing.
    4. The conduct of pharmaceutical companies, drug representatives, physicians, and pharmacies that lead to off-label marketing claims.
    5. The government’s legal theory of an off-label marketing claim.
    6. The illegal action in an off-label marketing claim: prescription vs. marketing.
    7. Kickbacks in an off-label marketing claim.
    8. The holding of United States v. Coronia.
    9. Implications of United States v. Coronia: speech alone is not evidence of misbranding.
    10. Proving an off-label marketing claim post-United States v. Coronia.

    Jim (James S.) Thiel, Chief Legal Counsel,
    State of Wisconsin Department of Transportation

    1. FALSE CLAIMS AND PUBLIC WORKS CONTRACTING
    2. EXTENT/EFFECTIVENESS OF STATE AND LOCAL FALSE CLAIMS ACTS
    3. LESSONS FROM LEADING RECENT CASES
    4. PUBLIC TRANSPORTATION CONTRACTING IN PARTICULAR- HIGHWAY, AIRPORT, TRANSIT
    5. PREVALENCE OF OTHER GOVERNMENTAL REMEDIES RELATED TO TRANSPORTATION CONTRACTING

      a. DEBARMENTS/SUSPENSIONS — FEDERAL/STATE

      b. CONSEQUENCES — WHY EFFECTIVE

      1. A. ADMINISTRATIVE
      2. CIVIL
      3. CRIMINAL
    6. RECURRING PROBLEMS

      DBE/MBE/WBE ISSUES

      BUY AMERICA/AMERICAN

      STATE/LOCAL GOVERNMENT LIABILITY FOR FALSE CLAIMS?

      1. STRUCTURE OF FEDERAL TRANSPORTATION FUNDING RELATIONS
      2. SUBCONTRACTORS/SUPPLIERS
      3. INFLATED CLAIMS/FALSE CERTIFICATIONS
      4. UNIQUE TO TRANSPORTATION CONTRACTING?

    Laura F. Laemmle-WeidenfeldPartnerPatton Boggs LLP

    Laura Laemmle-Weidenfeld is a partner at Patton Boggs LLP in Washington, DC. During her seven years at Patton Boggs, she has defended clients in various industries against government investigations and litigation, with a particular emphasis on those matters brought under the qui tam provisions of the civil False Claims Act. She also counsels clients on health care fraud and abuse compliance issues, particularly those relating to the Antikickback Statute, Stark Laws, and False Claims Act. Immediately prior to joining the firm, Ms. Weidenfeld served as a Trial Attorney in the Department of Justice’s Civil Division, Fraud Section, where she focused exclusively on prosecuting matters under the civil False Claims Act. Ms. Weidenfeld currently serves as a Vice Chair in the AHLA Fraud & Compliance Practice Group. She frequently writes and speaks about fraud and abuse issues and is a member of the firm’s Executive Committee.

    Andrew W. SchillingPartnerBuckleySandler LLP

    Andrew W. Schilling, a partner at BuckleySandler LLP, leads the New York office’s government enforcement practice. Mr. Schilling represents entities and individuals facing government enforcement actions and complex civil litigation, and his practice includes the defense of False Claims Act matters, white-collar criminal matters, and internal investigations. Prior to joining BuckleySandler, Mr. Schilling served as Chief of the Civil Division at the U.S. Attorney’s Office for the Southern District of New York. In that role, he established that office’s Civil Frauds Unit, which investigates and prosecutes complex financial fraud cases, including health care fraud and mortgage fraud cases, and directly supervised several nationally significant financial fraud lawsuits against major financial institutions. Mr. Schilling received his J.D. from Fordham University and his B.A. from the College of the Holy Cross.

    Douglas W. BaruchPartnerFried, Frank, Harris, Shriver & Jacobson LLP

    Douglas W. Baruch, a partner at Fried, Frank, Harris, Shriver & Jacobson LLP, leads the Firm’s False Claims Act and Qui Tam practice group. Mr. Baruch represents corporations and individuals in a variety of complex civil and criminal litigation matters, with an emphasis on cases arising under the False Claims Act, particularly financial industry, health care, defense procurement and federal grant fraud and enforcement matters. Mr. Baruch is a co-author of FraudMail Alert®, which regularly reports on significant developments in the False Claims Act arena. He also writes and lectures extensively on various aspects of the False Claims Act. Mr. Baruch received his JD from Georgetown University Law and is admitted to practice before the United States Supreme Court and numerous other Federal and state courts.

    David StoneManaging PartnerStone & Magnanini

    David Stone is the Managing partner of Stone and Magnanini and heads up its False Claims Act practice. Previously, Mr. Stone served as Managing partner of the New Jersey Office of Boies Schiller and Flexner and headed up that firm’s False Claims Act practice area. Mr. Stone has been practicing whistleblower law for over 20 years and has assisted the government in recovering over 1 billion dollars in cases in which his clients have been involved. Mr. Stone also serves on the Advisory Board of Taxpayers Against Fraud and has taught complex litigation as an adjunct professor at Seton Hall and has represented Whistleblowers in both FDA hearings and congressional investigations. Mr. Stone has lectured widely on the subjects of False Claims Act Law and complex commercial litigation.

    Jim (James S.) ThielChief Legal CounselState of Wisconsin Department of Transportation

    Jim (James S.) Thiel is Chief Legal Counsel of the State of Wisconsin Department of Transportation. Mr. Thiel has over 39 years experience as General Counsel for WisDOT dealing with all highway, airport, port, rail, transit, state patrol, motor vehicle and driver licensing issues. He currently Chairs the Legal Affairs Committee of the American Association of State Highway and Transportation Officials [AASHTO] and has been appointed the 2012-2015 Chair of the Legal Resources Group of the National Academies Transportation Research Board [TRB]. He also served as Chair of the Transportation Legal Research Project Panel for the National Cooperative Highway Research Program [NCHRP]. He has written extensively and presented on the Federal False Claim Act and State False Claims Acts. Jim received his undergraduate degree from Yale University and his law degree from the University of Wisconsin Law School.


    Click Here to Read Additional Material

    Course Level:
       Intermediate

    Advance Preparation:
       Print and review course materials

    Method Of Presentation:
       On-demand Webcast

    Prerequisite:
       NONE

    Course Code:
       124400

    NASBA Field of Study:
       

    NY Category of CLE Credit:
       

    Total Credits:
        2.0 CLE

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    About the Knowledge Group

    The Knowledge Group

    The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

    About the Knowledge Group

    The Knowledge Group

    The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

    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

    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/

    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/

    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/

    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/

    Laura Laemmle-Weidenfeld is a partner at Patton Boggs LLP in Washington, DC. During her seven years at Patton Boggs, she has defended clients in various industries against government investigations and litigation, with a particular emphasis on those matters brought under the qui tam provisions of the civil False Claims Act. She also counsels clients on health care fraud and abuse compliance issues, particularly those relating to the Antikickback Statute, Stark Laws, and False Claims Act. Immediately prior to joining the firm, Ms. Weidenfeld served as a Trial Attorney in the Department of Justice’s Civil Division, Fraud Section, where she focused exclusively on prosecuting matters under the civil False Claims Act. Ms. Weidenfeld currently serves as a Vice Chair in the AHLA Fraud & Compliance Practice Group. She frequently writes and speaks about fraud and abuse issues and is a member of the firm’s Executive Committee.

    Andrew W. Schilling, a partner at BuckleySandler LLP, leads the New York office’s government enforcement practice. Mr. Schilling represents entities and individuals facing government enforcement actions and complex civil litigation, and his practice includes the defense of False Claims Act matters, white-collar criminal matters, and internal investigations. Prior to joining BuckleySandler, Mr. Schilling served as Chief of the Civil Division at the U.S. Attorney’s Office for the Southern District of New York. In that role, he established that office’s Civil Frauds Unit, which investigates and prosecutes complex financial fraud cases, including health care fraud and mortgage fraud cases, and directly supervised several nationally significant financial fraud lawsuits against major financial institutions. Mr. Schilling received his J.D. from Fordham University and his B.A. from the College of the Holy Cross.

    Douglas W. Baruch, a partner at Fried, Frank, Harris, Shriver & Jacobson LLP, leads the Firm’s False Claims Act and Qui Tam practice group. Mr. Baruch represents corporations and individuals in a variety of complex civil and criminal litigation matters, with an emphasis on cases arising under the False Claims Act, particularly financial industry, health care, defense procurement and federal grant fraud and enforcement matters. Mr. Baruch is a co-author of FraudMail Alert®, which regularly reports on significant developments in the False Claims Act arena. He also writes and lectures extensively on various aspects of the False Claims Act. Mr. Baruch received his JD from Georgetown University Law and is admitted to practice before the United States Supreme Court and numerous other Federal and state courts.

    David Stone is the Managing partner of Stone and Magnanini and heads up its False Claims Act practice. Previously, Mr. Stone served as Managing partner of the New Jersey Office of Boies Schiller and Flexner and headed up that firm’s False Claims Act practice area. Mr. Stone has been practicing whistleblower law for over 20 years and has assisted the government in recovering over 1 billion dollars in cases in which his clients have been involved. Mr. Stone also serves on the Advisory Board of Taxpayers Against Fraud and has taught complex litigation as an adjunct professor at Seton Hall and has represented Whistleblowers in both FDA hearings and congressional investigations. Mr. Stone has lectured widely on the subjects of False Claims Act Law and complex commercial litigation.

    Jim (James S.) Thiel is Chief Legal Counsel of the State of Wisconsin Department of Transportation. Mr. Thiel has over 39 years experience as General Counsel for WisDOT dealing with all highway, airport, port, rail, transit, state patrol, motor vehicle and driver licensing issues. He currently Chairs the Legal Affairs Committee of the American Association of State Highway and Transportation Officials [AASHTO] and has been appointed the 2012-2015 Chair of the Legal Resources Group of the National Academies Transportation Research Board [TRB]. He also served as Chair of the Transportation Legal Research Project Panel for the National Cooperative Highway Research Program [NCHRP]. He has written extensively and presented on the Federal False Claim Act and State False Claims Acts. Jim received his undergraduate degree from Yale University and his law degree from the University of Wisconsin Law School.

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