HomeWebcast2016 Qui Tam & False Claims Act Developments: What You Need to Know
False Claims Act CLE CLE

2016 Qui Tam & False Claims Act Developments: What You Need to Know

Live Webcast Date: Wednesday, July 13, 2016 from 12:00 pm to 2:00 pm (ET)
CLE Administrative LawRecording

False Claims Act CLE

Join us for this Knowledge Group False Claims Act CLE Webinar. In 2015, there were 632 qui tam lawsuits filed in the federal level. These claims were filed under the False Claims Act which allows individuals to file lawsuits on behalf of the government. In such cases, the government has the option to intervene and prosecute the case or allow the whistleblower to pursue the claim on its behalf, thus, entitling the relator an award up of to 30 percent of the amount recovered. Some of the qui tam claims filed do raise legitimate fraud claims. Due to inconsistent interpretations of the Act’s provisions, recoveries from each case significantly increase.

It is crucial for companies to be fully aware of potential qui tam claim conditions to be able to prepare and therefore, avoid legal risks and threats that may arise in the future.

In this Webcast, a panel of thought leaders and professionals assembled by The Knowledge Group will help in-house counsel, chief compliance officers and private practitioners in understanding the significant developments in the rapidly evolving landscape of Qui Tam and False Claims Act.

Key topics include:

  • Qui Tam and False Claims Act - An Overview
  • False Claims Act Provisions
  • Statute of Limitations
  • Exemptions to the False Claims Act
  • Legal Risks and Challenges
  • Recent Trends and Developments

Agenda

Elizabeth ScottPartner
Akin Gump Strauss Hauer & Feld LLP

  • Qui Tam and False Claims Act - An Overview
    • Statutory Framework
    • Elements of FCA Liability and Damages
  • Recent Trends and Developments
    • Impact of FCA Seal Violations
      • Three-way circuit split
      • State Farm Fire and Casualty Co. v. United States ex rel. Cori Rigsby and Kerri Rigsby
    • Future of Off-Label FCA Claims Post Amarin/Pacira

Michael J. SlocumAttorney
Greenberg Traurig, LLP

  • Universal Health v. US/MA
  • Requirements of FCA
  • History of Implied Certification Theory
  • SCOTUS Oral Argument (and Ruling, assuming it is decided in time

Kayla Stachniak KaplanAttorney
Fried, Frank, Harris, Shriver & Jacobson LLP

Recent Developments in Scienter

  • Overview of Scienter Under the FCA
  • Ambiguous Regulations and United States ex rel. Purcell v. MWI Corp.
    • D.C. Circuit Decision
    • DOJ Request for Rehearing
  • Scienter as a Limiting Principle for Implied Certification
    • Escobar Oral Argument
    • Knowledge of Falsity + Knowledge of Materiality

Matthew D. BenedettoCounsel
Wilmer Cutler Pickering Hale and Dorr

  • Affirmative/jurisdictional defenses available under FCA  [to be slotted earlier in presentation after overview or FCA provisions]
    • Jurisdictional versus Rule 12(b)(6) dismissals
    • Public Disclosure Bar/Original Source exception
    • First-to-File Bar
    • United States already a party
  • Recent developments
    • Rise of sampling to prove liability
      • Cases leading up to United States ex rel. Martin v. Life Care Centers of America (E.D. Tenn. 2014)
      • Life Care analysis
      • Post-Life Care:  U.S. ex rel. Michaels v. Agape Senior Community (on appeal in the 4th Circuit)

Who Should Attend

  • Attorneys General
  • Senior Management
  • In-House Counsel
  • Corporate Counsel
  • Chief Compliance Officers
  • General Counsel
  • Litigation Attorneys
  • Other interested Professionals and Organizations

False Claims Act CLE

Elizabeth ScottPartner
Akin Gump Strauss Hauer & Feld LLP

  • Qui Tam and False Claims Act - An Overview
    • Statutory Framework
    • Elements of FCA Liability and Damages
  • Recent Trends and Developments
    • Impact of FCA Seal Violations
      • Three-way circuit split
      • State Farm Fire and Casualty Co. v. United States ex rel. Cori Rigsby and Kerri Rigsby
    • Future of Off-Label FCA Claims Post Amarin/Pacira

Michael J. SlocumAttorney
Greenberg Traurig, LLP

  • Universal Health v. US/MA
  • Requirements of FCA
  • History of Implied Certification Theory
  • SCOTUS Oral Argument (and Ruling, assuming it is decided in time

Kayla Stachniak KaplanAttorney
Fried, Frank, Harris, Shriver & Jacobson LLP

Recent Developments in Scienter

  • Overview of Scienter Under the FCA
  • Ambiguous Regulations and United States ex rel. Purcell v. MWI Corp.
    • D.C. Circuit Decision
    • DOJ Request for Rehearing
  • Scienter as a Limiting Principle for Implied Certification
    • Escobar Oral Argument
    • Knowledge of Falsity + Knowledge of Materiality

Matthew D. BenedettoCounsel
Wilmer Cutler Pickering Hale and Dorr

  • Affirmative/jurisdictional defenses available under FCA  [to be slotted earlier in presentation after overview or FCA provisions]
    • Jurisdictional versus Rule 12(b)(6) dismissals
    • Public Disclosure Bar/Original Source exception
    • First-to-File Bar
    • United States already a party
  • Recent developments
    • Rise of sampling to prove liability
      • Cases leading up to United States ex rel. Martin v. Life Care Centers of America (E.D. Tenn. 2014)
      • Life Care analysis
      • Post-Life Care:  U.S. ex rel. Michaels v. Agape Senior Community (on appeal in the 4th Circuit)

False Claims Act CLE

False Claims Act CLE

Kayla Stachniak 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, and the United States District Court for the District of Columbia.

False Claims Act CLE

Michael J. SlocumAttorneyGreenberg Traurig, LLP

Michael J. Slocum focuses his practice on labor and employment law, including the defense of discrimination, retaliation, wrongful discharge and whistleblower claims. He has represented employers in a broad array of industries and at the trial and appellate levels in state and federal courts, as well as before a variety of state and federal administrative agencies.

Michael has written and spoken numerous times on a multitude of issues facing employers in diverse industries. He was listed in Super Lawyers magazine as a New Jersey Super Lawyers “Rising Star” in 2013 and was part of the winning team for Law360’s "Employment Practice Group of the Year" and New Jersey Law Journal’s "General Litigation Department of the Year" award in 2013.

Michael received his J.D., with honors, from Rutgers School of Law – Newark and his B.A. from the University of Pennsylvania.

False Claims Act CLE

Matthew D. BenedettoCounselWilmer Cutler Pickering Hale and Dorr

Mr. Benedetto is a counsel in the Los Angeles Office of WilmerHale.  His practice focuses on complex civil litigation and government investigations. Mr. Benedetto has extensive experience representing pharmaceutical companies and financial institutions in both federal and state False Claims Act actions.  In the healthcare space, he has unique experience litigating California’s Insurance Frauds Prevention Act, a qui tam statute in the Insurance Code, including argument before the Court of Appeal. 

Before joining WilmerHale, Mr. Benedetto was an associate at another firm in Los Angeles, where he was a member of a trial team in a four-week federal jury trial involving FCA allegations against a major insurance company.  In November 2015, in his pro bono practice, he obtained a rare federal jury verdict in favor of his client, a California state prisoner, in a First Amendment retaliation case brought against state correctional officers.  

Mr. Benedetto received his BA, summa cum laude, from Dartmouth College, his MA in English from The Johns Hopkins University, and his JD from the University Of Southern California Gould School Of Law, where he was inducted to the USC Chapter of Order of the Coif. 

False Claims Act CLE

Elizabeth ScottPartnerAkin Gump Strauss Hauer & Feld LLP

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 securities and privacy litigation, internal investigations, and regulatory investigations, and enforcement proceedings. Ms. Scott has experience in state and federal court, as well as before the International Centre for Dispute Resolution, a branch of the American Arbitration Association. 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. Ms. Scott also served as an adjunct professor for the Mississippi College School of Law from 2008-2009, teaching legal writing and citation.

False Claims Act CLE

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   NONE

Course Code:
   145599

NASBA Field of Study:
   Specialized Knowledge and Applications

NY Category of CLE Credit:
   Areas of Professional Practice

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.

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/

Greenberg Traurig, LLP is an international, multi-practice law firm with approximately 1,900 attorneys serving clients from 38 offices in the United States, Latin America, Europe, Asia, and the Middle East. The firm is No. 1 on the 2015 Law360 Most Charitable Firms list, third largest in the U.S. on the 2015 Law360 400, on the 2015 Am Law Global 100, and among the 2015 BTI Brand Elite.

Website: https://www.gtlaw.com/

WilmerHale provides legal representation across a comprehensive range of practice areas that are critical to the success of its clients. The law firm’s leading Intellectual Property, Litigation/Controversy, Regulatory and Government Affairs, Securities, and Transactional Departments participate in some of the highest-profile legal and policy matters. With a staunch commitment to public service, the firm is renowned as a leader in pro bono representation. WilmerHale is 1,000 lawyers strong with 14 offices in the United States, Europe and Asia. 

Website: https://www.wilmerhale.com/

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.

Website: https://www.akingump.com/

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.

Michael J. Slocum focuses his practice on labor and employment law, including the defense of discrimination, retaliation, wrongful discharge and whistleblower claims. He has represented employers in a broad array of industries and at the trial and appellate levels in state and federal courts, as well as before a variety of state and federal administrative agencies.

Michael has written and spoken numerous times on a multitude of issues facing employers in diverse industries. He was listed in Super Lawyers magazine as a New Jersey Super Lawyers “Rising Star” in 2013 and was part of the winning team for Law360’s "Employment Practice Group of the Year" and New Jersey Law Journal’s "General Litigation Department of the Year" award in 2013.

Michael received his J.D., with honors, from Rutgers School of Law – Newark and his B.A. from the University of Pennsylvania.

Mr. Benedetto is a counsel in the Los Angeles Office of WilmerHale.  His practice focuses on complex civil litigation and government investigations. Mr. Benedetto has extensive experience representing pharmaceutical companies and financial institutions in both federal and state False Claims Act actions.  In the healthcare space, he has unique experience litigating California’s Insurance Frauds Prevention Act, a qui tam statute in the Insurance Code, including argument before the Court of Appeal. 

Before joining WilmerHale, Mr. Benedetto was an associate at another firm in Los Angeles, where he was a member of a trial team in a four-week federal jury trial involving FCA allegations against a major insurance company.  In November 2015, in his pro bono practice, he obtained a rare federal jury verdict in favor of his client, a California state prisoner, in a First Amendment retaliation case brought against state correctional officers.  

Mr. Benedetto received his BA, summa cum laude, from Dartmouth College, his MA in English from The Johns Hopkins University, and his JD from the University Of Southern California Gould School Of Law, where he was inducted to the USC Chapter of Order of the Coif. 

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 securities and privacy litigation, internal investigations, and regulatory investigations, and enforcement proceedings. Ms. Scott has experience in state and federal court, as well as before the International Centre for Dispute Resolution, a branch of the American Arbitration Association. 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. Ms. Scott also served as an adjunct professor for the Mississippi College School of Law from 2008-2009, teaching legal writing and citation.

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