The 2016 False Claims Act Settlements: Implications to the Road Ahead
The False Claims Act (FCA) was first enacted to fight against fraud brought by Civil War defense contractors perpetrated on the federal government. Since then, the number of FCA claims and settlements increased rapidly, both those brought pursuant to the FCA’s qui tam provisions and directly by the Department of Justice (DOJ). Just in 2014 alone, the government recovered nearly $6 billion under the FCA. Today, the FCA reaches to fraudulent activities involving government funds. Offenders can be confronted with a civil fine of $5,500 to $11,000 per fraudulent claim, plus treble damages of the amount wrongly paid out.
In this two-hour LIVE Webcast, a panel of key thought leaders and practitioners assembled by The Knowledge Group will provide an overview of the recent FCA enforcement trends and actions, key provisions in FCA settlements, as well as guidelines for defendants who seek to obtain a broad release, avoid FCA liability, and mitigate continuing exposure to risk. The panel will also discuss several notable settlements and will explain the effects that these settlements likely will have on the road ahead.
Key issues that will be covered in this course are:
- False Claims Act – Overview
- Recent Litigation and Consequences
- State False Claims Qui tam Statutes
- Reducing Potential Exposure to FCA Actions
- Litigation and Compliance Risks
- Latest Insights and Best Practices
Kayla Stachniak Kaplan, Attorney
Fried, Frank, Harris, Shriver & Jacobson LLP
- Settlement Oversight: The Implications of United States ex rel. Michaels v. Agape Senior Community, Inc.
- DOJ FY 2015 Statistics on Healthcare Industry Judgments/Settlements in Non-Intervened Cases
- The Role of DOJ and the Courts in Non-Intervened Case Settlements
- The Agape Decision and Pending Appeal
- Overview: UHS v. Escobar
Robert W. Sadowski, Partner
Sadowski Katz LLP
- The application of the Department of Justice's Relator Share Guidelines to determine relator's percentage of the government's recovery.
- Relator's counsel's efforts to assist the government prosecutor's investigation and how that assistance affects settlements.
- Does the Government's narrowly tailored release of specific "covered conduct" in the Government's settlement with the defendant limit the award of relator's attorneys fees to work performed only on the settled claim, as opposed work performed on all claims in relator's complaint.
Michael McMahon, Attorney
- Sampling & Extrapolation: the government’s use of statistical sampling and extrapolation in pending litigation and recent FCA settlements
- Individual Enforcement: the Yates memo and its implications for individual defendants in FCA cases
- Compliance Programs: the need for robust compliance programs (both to avoid government scrutiny and in the wake of a government investigation)
- Implied Certification: the UHS v. Escobar matter pending before the Supreme Court and the implied certification theory
Who Should Attend:
- Attorneys General
- Healthcare Lawyers
- Professionals from Medical Device Industries and Pharmaceutical Firms
- In-house Counsel likely for Pharma and Manufacturing Companies
- Litigation Officers
- Medical Providers
- Healthcare Service Providers
- General Counsel
- Other Related/Interested Professionals and Organization
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, and the United States District Court for the District of Columbia.
Kayla Stachniak Kaplan, senior associate at Fried Frank and a member of the Firm’s False Claims Act and FIRREA practice …
Robert W. Sadowski is a trial and appellate attorney specializing in qui tam cases. He is an experienced litigator, and has successfully prosecuted cases in many areas, including: health care fraud, government contract fraud, grant fraud, financial fraud, elder care fraud, disability rights, wrongful termination and bankruptcy litigation.
Before going into private practice, Rob held the position of health care fraud coordinator in the United States Attorney’s Office for the Southern District of New York, where he was responsible for supervising all civil health care fraud prosecutions under the False Claims Act.
Prior to working for the United States Attorney, Rob worked as an Internal Revenue Service trial attorney for four years.
Rob is an adjunct professor at Brooklyn Law School and a faculty member of Lawline. Rob frequently speaks to lawyers, accountants and health care professionals about whistleblowers, the False Claims Act, healthcare law issues, and has made numerous television and radio appearances.
Robert W. Sadowski is a trial and appellate attorney specializing in qui tam cases. He is an experienced litigator, and …
Michael McMahon is an attorney in Cooley's Commercial Litigation practice group. Mr. McMahon’s practice focuses on the representation of companies and individuals under investigation by government agencies. Mr. McMahon also represents companies and individuals in a wide range of commercial disputes, including disputes involving breach of contract, trade secrets, indemnification, and corporate governance issues. Prior to joining Cooley, Mr. McMahon served as a Trial Attorney in the Civil Fraud Section of the U.S. Department of Justice, where he gained significant experience prosecuting cases under the False Claims Act, Anti-Kickback Statute, and Anti-Kickback Act and leading nationwide investigations of health care providers and other government contractors.
Michael McMahon is an attorney in Cooley's Commercial Litigation practice group. Mr. McMahon’s practice focuses on the representation of companies …
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Method of Presentation:
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
Areas of Professional Practice
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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 Sadowski Katz LLP
Sadowski Katz is a boutique law firm providing practical solutions and advice to complex problems. Their experience and size allows them to cater each representation to the particular client and situation. Sadowski Katz represents companies, individuals, and whistleblowers. Their attorneys have years of experience in successfully resolving whistleblower, employment, civil rights, and complex commercial litigation actions.
About Cooley LLP
Clients partner with Cooley on transformative deals, complex IP and regulatory matters, and high-stakes litigation, where innovation meets the law. Cooley has extensive hands-on experience and expertise in matters arising under the False Claims Act (FCA) and similar statutes in a number of industries. Cooley brings an unusual combination of trial-ready litigators and regulatory lawyers with decades of specialized industry and agency expertise to defend FCA cases and investigations, including qui tam claims, brought against companies, directors and officers. The firm has handled civil and criminal false claims investigations and cases at the federal and state levels. Cooley has 900 lawyers across 12 offices in the United States, China and Europe.