False Claims Act Landscape for 2017: Going Beyond the Horizons
Since 1986, the FCA has been the Justice Department’s primary tool for recovering large sums of money obtained through alleged fraud on the federal fisc. And, it has proven to be a very effective tool, as the Justice Department’s annual statistics show. In fiscal year 2016, for example, the Justice Department experienced its fourth consecutive year of FCA-related recoveries exceeding $3.5 billion.
Of note is the FCA's role in recovering billions of dollars in cases related to the health care industry. Of the federal government’s $4.7 billion fiscal year 2016 recoveries, $2.5 billion came from the health care industry. For seven consecutive years, the Justice Department has reported recoveries from the health care industry exceeding $2 billion. However, the health care industry is not the only target for FCA suits. Nor is what many would view as typical “government contractors.” Rather, companies and individuals involved with health care, defense and national security, federally insured loans and mortgages, highway funds, construction, food safety and inspection, agricultural subsidies, education, disaster assistance, import tariffs, and more find themselves facing FCA allegations.
Moreover, under the FCA, a private individual (called a “relator” or “whistleblower”) may initiate an action on behalf of the government. Since that individual generally is eligible for 15 to 30 percent of the amount recovered by the government, the number of such suits (called “qui tam” actions) also have held strong over the last few years, with 702 qui tam actions being initiated in fiscal year 2016.
What these latest statistics tell us is that FCA suits are not going away any time soon, and our panel of key thought leaders and practitioners brought together by The Knowledge Group will discuss not only FCA fundamentals but also the latest issues surrounding the FCA. This LIVE webcast aims to help you become well-versed in the FCA, its trends, and the latest developments.
Some of the major topics that will be covered in this course are:
- An Overview of the FCA
- The Justice Department’s Fiscal Year 2016 Statistics
- The False Claims Act in 2017: Trends and Developments to Watch
- The "Implied Certification" Theory of Liability and United States ex rel. Escobar v. Universal Health Services
- Other Recent Supreme Court Activity
Jennifer M. Wollenberg, Special Counsel
Fried Frank, Harris, Shriver & Jacobson LLP
- Overview of the FCA and the Justice Department’s FY 2016 Statistics
- The Anticipated Impact of the New Administration on FCA Cases
- Recent Supreme Court FCA Activity
- The Justice Department’s Post-Escobar Position(s)
- Other Items to Know/Watch
Elizabeth Scott, Partner
Akin Gump Strauss Hauer & Feld LLP
- Affirmative Defenses Available Under the FCA
- Public Disclosure Bar
- First-to-File Rule
- Increasing Penalties for FCA Violations
- Impact of FCA Seal Violations: State Farm Fire and Casualty Co. v. United States ex rel. Cori Rigsby and Kerri Rigsby
Marion T. Hack, Partner
Pepper Hamilton LLP
- Escobar and the Implied Certification Theory – What are the applications in the Construction Industry
- The Pesky Qui Tam Claimant – How to defend against frivolous FCA claims
Emma R. Cecil, Counsel
- General trends in FCA enforcement
- Specific expansions of liability in FCA health care cases
- Yates Memo and its impact on how FCA cases are defended
- Notable individual and corporate FCA settlements
Who Should Attend:
- Tax Advisers
- Tax Attorneys
- False Claims Act Attorneys
- In-house Counsels
- Corporate Counsel
- Chief Compliance Officers
- Medical Directors
- Pharma Industry Lawyers
- Healthcare Industry Advisors
Elizabeth D. Scott’s practice focuses on complex civil litigation matters, with an emphasis on defending lawsuits filed under the False Claims Act (FCA) and representing public companies and their officers and directors in responding to governmental investigations and enforcement proceedings and conducting internal investigations. Ms. Scott has experience representing clients in both federal and state FCA proceedings and has handled every aspect of an FCA case, including serving as a member of the trial team for federal jury trials and successfully defending FCA dismissals on appeal. Prior to joining Akin Gump, Ms. Scott served as a law clerk for the Honorable Leslie H. Southwick of the United States Court of Appeals for the 5th Circuit from 2008-2009 and for the Honorable Daniel P. Jordan III of the United States District Court for the Southern District of Mississippi from 2007-2008.
Elizabeth D. Scott’s practice focuses on complex civil litigation matters, with an emphasis on defending lawsuits filed under the False …
Jennifer M. Wollenberg is a litigation special counsel at Fried Frank, where she is a member of the Firm’s False Claims Act and FIRREA Practice. She is resident in the Washington, DC office. Ms. Wollenberg has been engaged in a variety of matters, including False Claims Act and FIRREA investigations and litigation, commercial litigation and arbitration, and internal investigations and monitoring. She often works on behalf of aerospace and defense companies, healthcare companies, and financial institutions. Ms. Wollenberg frequently speaks and writes about the False Claims Act and FIRREA and is a co-author of FraudMail Alert®, which reports on significant developments in the False Claims Act and FIRREA arena. Ms. Wollenberg received her JD from Cornell Law School and is admitted to practice in the District of Columbia, New York, the United States Court of Appeals (Second, Ninth, and District of Columbia Circuits), the United States Court of Federal Claims, the United States District Court for the District of Columbia, and the United States District Court for the Southern District of New York.
Jennifer M. Wollenberg is a litigation special counsel at Fried Frank, where she is a member of the Firm’s False …
Marion T. Hack is a partner in the Construction Practice Group of Pepper Hamilton LLP, resident in the Los Angeles office. Ms. Hack has 20 years of experience practicing in construction and commercial litigation. She is a first chair trial lawyer specializing in multimillion dollar claim disputes involving high profile, complex construction projects achieving either favorable settlements on behalf of her clients or taking those cases to trial resulting in positive verdicts or judgments. Notably, Ms. Hack obtained a $52,000,000 unanimous jury verdict in favor of the City of Victorville for the failed Foxborough Power Plant Project and defensed a $24,000,000 false claims act alleged violation. Ms. Hack is recognized as a leading construction lawyer by Chambers USA: America's Leading Lawyers for Business; she is rated AV Preeminent by Martindale-Hubbell ®, and has been selected for inclusion in the 2012-16 Southern California Super Lawyers lists.
Marion T. Hack is a partner in the Construction Practice Group of Pepper Hamilton LLP, resident in the Los Angeles …
Emma Cecil focuses her practice on white collar defense, False Claims Act defense, and healthcare litigation. Emma has extensive experience representing individuals in all phases of white collar criminal matters, including grand jury proceedings, pre-indictment investigations, plea negotiations, and federal sentencings. Emma also represents registered investment advisors, financial professionals, and other individuals in the defense of SEC and FINRA investigations and enforcement actions, including those involving insider trading.
In addition to her white collar practice, Emma regularly represents both individual and corporate healthcare clients in the following matters: False Claims Act litigation; Internal and governmental investigations and litigation involving alleged violations of the False Claims Act, Anti-Kickback Statute, Stark law, and other state and federal civil and criminal laws; Administrative actions and appeals involving provider suspensions, exclusions, and debarment; Peer review and credentialing disputes, proceedings, and related litigation; l Licensing board and regulatory agency investigations and proceedings; Complex commercial and business disputes.
Emma received her undergraduate degree from the University of Virginia and her law degree from the University of Denver, where she graduated in the top 5% of her class and was admitted to the Order of St. Ives for excellence in academic achievement. Emma practiced environmental and natural resources law in Colorado, and clerked for the Honorable Stanley F. Birch, Jr. of the Eleventh Circuit Court of Appeals after moving to Atlanta. She also served as a Staff Attorney for the Eleventh Circuit, where she was selected to evaluate and present substantive motions to the Court as a member of a specialized unit of the Staff Attorney’s Office. Emma practiced white collar defense and health care law at a litigation firm in Atlanta before joining Polsinelli.
Emma Cecil focuses her practice on white collar defense, False Claims Act defense, and healthcare litigation. Emma has extensive experience …
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About Akin Gump Strauss Hauer & Feld LLP
Akin Gump Strauss Hauer & Feld LLP has extensive experience advising clients on the False Claims Act (FCA) and defending FCA lawsuits and related civil, criminal and congressional investigations. Our lawyers have assisted Fortune 500 and nonprofit companies in more than 40 significant FCA matters. We routinely conduct internal investigations, respond to government and congressional investigations, defend lawsuits filed under the FCA, defend retaliation lawsuits brought by alleged whistleblowers, and seek to avert debarment and exclusion proceedings. Our clients are supported by the depth and breadth of a multi-jurisdictional practice and the comprehensive intellectual capital of more than 900 lawyers. Our experience in the industries that are most often the subject of FCA and qui tam cases—government contracts, health care, pharmaceutical, construction and energy, among others—translates into a competitive edge for our clients.
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 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.
About Pepper Hamilton LLP
Pepper Hamilton’s Construction Practice Group is one of the largest and most sophisticated in the country, ranked nationally by Chambers USA, U.S. News / Best Lawyers and similar publications. Their lawyers counsel clients on some of the biggest, most sophisticated construction projects in the world. Pepper has deep experience in critical industry sectors, particularly energy, pipelines and other infrastructure, pharmaceuticals and health care, manufacturing and process plants, and offices, hotels/resorts and residential. They are innovators in using project management and process improvement tools to drive efficiencies in matters of all size and type, utilize accurate and predictable budgets, and reduce overall costs. Pepper’s expertise covers transactional and dispute resolution work on private projects, government projects, and private projects with government funding. Their lawyers have handled projects and cases in all parts of the United States – and around the world.
Polsinelli is an Am Law 100 firm with more than 800 attorneys in 20 offices, serving corporations, institutions, and entrepreneurs nationally. Ranked in the top five percent of law firms for client service,* the firm has risen more than 50 spots in Am Law's annual firm ranking over the past five years. Polsinelli attorneys provide practical legal counsel infused with business insight, and focus on health care, financial services, real estate, intellectual property, mid-market corporate, and business litigation. Polsinelli attorneys have depth of experience in 100 service areas and 70 industries.