HomeWebcastKeeping an Eye Out for False Claims Act (FCA) Enforcements in 2018: Understanding the Recent Developments
Online CLE False Claims Act Enforcements CLE

Keeping an Eye Out for False Claims Act (FCA) Enforcements in 2018: Understanding the Recent Developments

Live Webcast Date: Tuesday, January 16, 2018 from 3:00 pm to 4:00 pm (ET)
CLE Administrative LawRecording

Online CLE False Claims Act Enforcements

Join us for this Knowledge Group Online CLE False Claims Act Enforcements Webinar. The False Claims Act (FCA) continues to pose unique liability risks for healthcare providers and companies conducting business with the US Government. In 2016, nearly $5 billion FCA settlements and judgements was recovered by the Department of Justice, demonstrating its aggressive enforcement of the law. To avoid the risk of running afoul with FCA, it is critical that companies understand the latest developments in FCA enforcement, investigations and litigation. It will also help to establish a robust compliance program to deflect unwanted pitfalls.

This course offers a discussion of the recent developments in FCA, including the Trump administration's prosecution of FCA actions, increased civil penalties, implied false certification basis of liability and other significant issues. A panel of thought leaders and practitioners organized by The Knowledge Group will help the audience understand the impact of these developments to future FCA investigations and litigation. They will also offer practical guidance on how to avoid or minimize FCA exposure.

In this Webcast, the speakers will discuss:

  • Background of the Civil False Claims Act
  • Update on Escobar
  • Enforcement Trends
  • Expanding role of economists, statisticians, and data analysts in FCA matters

Agenda

SEGMENT 1:
​Kayla Kaplan
, Attorney
Fried Frank, Harris, Shriver & Jacobson LLP

  • Background of the Civil False Claims Act
  • Update on Escobar
    • Interpretation and Application
  • Enforcement Trends
    • FCA Statistics
    • Changing Priorities
    • Medicare Advantage
    • Mortgage Fraud

SEGMENT 2:
​Scott M. Weishaar
, Partner
Bates White

The roles of economists, statisticians, and data analysts in FCA matters, and recent developments expanding those roles:

  • Traditionally most focused on causation and economic damages
    • Materiality requirement from Escobar has expanded role
  • Increasing role for liability analysis
    • Interpretation of the AKS Discount Safe Harbor
    • Fair market value analysis based on economic benchmarks
    • Policy issues
    • Statistical methods for separating concerning conduct from noise, particularly in cases involving submission of thousands of claims
  • Expanding acceptance of sampling to prove liability and calculate damage

Who Should Attend

  • Government Contractors
  • Attorneys General
  • In-house Counsel
  • Litigation Officers
  • General Counsel

Online CLE False Claims Act Enforcements

SEGMENT 1:
​Kayla Kaplan
, Attorney
Fried Frank, Harris, Shriver & Jacobson LLP

  • Background of the Civil False Claims Act
  • Update on Escobar
    • Interpretation and Application
  • Enforcement Trends
    • FCA Statistics
    • Changing Priorities
    • Medicare Advantage
    • Mortgage Fraud

SEGMENT 2:
​Scott M. Weishaar
, Partner
Bates White

The roles of economists, statisticians, and data analysts in FCA matters, and recent developments expanding those roles:

  • Traditionally most focused on causation and economic damages
    • Materiality requirement from Escobar has expanded role
  • Increasing role for liability analysis
    • Interpretation of the AKS Discount Safe Harbor
    • Fair market value analysis based on economic benchmarks
    • Policy issues
    • Statistical methods for separating concerning conduct from noise, particularly in cases involving submission of thousands of claims
  • Expanding acceptance of sampling to prove liability and calculate damage

Online CLE False Claims Act Enforcements

Online CLE False Claims Act Enforcements

Scott M. WeishaarPartnerBates White

Scott Weishaar provides consulting expertise and expert support in complex litigation and government investigations for pharmaceutical manufacturers and wholesalers, pharmacies, healthcare providers, and other life sciences industry participants. These cases often involve economic analysis of class certification, liability, and damages related to federal and state false claims acts (FCA), fraud, and antitrust issues. Mr. Weishaar collaborates with clients to support discovery efforts; provide insights into industry dynamics; manage analysis of large claims, sales, and other industry data; and contribute to case strategy. He has coordinated complex litigation efforts among large client groups, including a group of more than 70 pharmaceutical manufacturers in multistate drug pricing cases and a plaintiff opt-out group in one of the largest price-fixing cases in US history. Mr. Weishaar has worked extensively on healthcare projects involving Medicare and Medicaid, third-party health plans, pharmaceuticals, and medical device manufacturers.

Online CLE False Claims Act Enforcements

Kayla KaplanAttorneyFried Frank, Harris, Shriver & Jacobson LLP

Kayla Stachniak Kaplan, senior associate at Fried Frank and a member of the Firm’s False Claims Act and FIRREA practice group, represents corporations in a variety of complex civil litigation matters, with an emphasis on cases arising under the civil FCA and, in particular, cases involving the financial, aerospace, and defense industries. Ms. Kaplan has been a contributing co-author of FraudMail Alert®, which regularly reports on significant developments in the FCA arena. Ms. Kaplan was named a James Kent Scholar and received her JD from Columbia Law School in 2009. She received her BS, summa cum laude, and BA, summa cum laude, from Tulane University in 2006. She is admitted to practice in the District of Columbia, Maryland, the United States District Court for the District of Columbia, and the United States Court of Appeals for the Ninth Circuit.

Online CLE False Claims Act Enforcements

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in False Claims Act Compliance

Course Code:
   146185

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credit:
    1.0 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.

Bates White is an economic consulting firm that provides advanced, empirically-based economic, financial, and econometric analysis to law firms, corporations, and government agencies. We advise clients on litigation, case development and strategy, assessing and analyzing the relative strengths of economic arguments, and determining optimal strategies for discovery, motions, trial preparations, and settlement.

Website: https://www.bateswhite.com/

From offices located in the world's principal financial centers, Fried, Frank, Harris, Shriver & Jacobson LLP’s lawyers provide advice to clients regarding their most critical legal and business needs. Fried Frank’s False Claims Act and FIRREA 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 interpretation and scope of both statutes – the False Claims Act and the Financial Institutions Reform, Recovery and Enforcement Act of 1989. The Firm regularly represents financial industry, defense, healthcare, and other government contractors in high stakes cases. The Firm’s False Claims Act and FIRREA 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: https://www.friedfrank.com/

Scott Weishaar provides consulting expertise and expert support in complex litigation and government investigations for pharmaceutical manufacturers and wholesalers, pharmacies, healthcare providers, and other life sciences industry participants. These cases often involve economic analysis of class certification, liability, and damages related to federal and state false claims acts (FCA), fraud, and antitrust issues. Mr. Weishaar collaborates with clients to support discovery efforts; provide insights into industry dynamics; manage analysis of large claims, sales, and other industry data; and contribute to case strategy. He has coordinated complex litigation efforts among large client groups, including a group of more than 70 pharmaceutical manufacturers in multistate drug pricing cases and a plaintiff opt-out group in one of the largest price-fixing cases in US history. Mr. Weishaar has worked extensively on healthcare projects involving Medicare and Medicaid, third-party health plans, pharmaceuticals, and medical device manufacturers.

Kayla Stachniak Kaplan, senior associate at Fried Frank and a member of the Firm’s False Claims Act and FIRREA practice group, represents corporations in a variety of complex civil litigation matters, with an emphasis on cases arising under the civil FCA and, in particular, cases involving the financial, aerospace, and defense industries. Ms. Kaplan has been a contributing co-author of FraudMail Alert®, which regularly reports on significant developments in the FCA arena. Ms. Kaplan was named a James Kent Scholar and received her JD from Columbia Law School in 2009. She received her BS, summa cum laude, and BA, summa cum laude, from Tulane University in 2006. She is admitted to practice in the District of Columbia, Maryland, the United States District Court for the District of Columbia, and the United States Court of Appeals for the Ninth Circuit.

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