HomeWebcastThe Future of False Claims and Qui Tam Enforcement: Significant Trends in 2018
Online CLE False Claims CLE

The Future of False Claims and Qui Tam Enforcement: Significant Trends in 2018

Live Webcast Date: Tuesday, October 16, 2018 from 3:00 pm to 4:30 pm (ET)
Government Contracts Law (CLE)Recording

Online CLE False Claims

Join us for this Knowledge Group Online CLE False Claims Webinar. After significantly impacting the use of implied certification cases, the U.S. Supreme Court’s 2016 Escobar decision continues to influence the U.S. government’s responses to pending cases. There is also a continuous increase in activities with regard to investigations of all potential false claims lawsuits, with or without the government’s intervention. Furthermore, as the Trump administration sustains the aggressive enforcement of the False Claims Act (FCA), along with increased statutory penalties, the risks for businesses are also amplified.

Join a panel of FCA litigators and key thought leaders assembled by The Knowledge Group as they bring the audience to a road beyond the basics of bringing or defending against FCA claims and as they delve into an in-depth analysis of the current trends and recent court rulings surrounding this significant topic. Listen as they provide the audience with an overview of what lies ahead of the False Claims and Qui Tam Enforcement landscape. Speakers will also provide practical tips and strategies in bringing out the best in these lawsuits in a rapidly evolving legal climate.

Key topics include:

  • False Claims and Qui Tam Enforcement Post-Escobar
  • Other Notable Rulings
  • Current Trends
  • FCA Risks and Pitfalls
  • Litigation Strategies
  • Outlook

Agenda

Harsh P. Parikh, Attorney
Arent Fox LLP
  • ABCs of FCA – overview of the elements of an FCA claim
  • Big picture trends in FCA and qui tam actions and recoveries 
  • “Reverse” false claims theory and retention of overpayments from the government
    • Theory nuts and bolts
    • Application in the healthcare industry
      • Requirements for providers, suppliers and health plans under the 60-Day Overpayment Rule to report and return identified overpayments
      • CMS regulations that purport to impose liability for negligent inaction (i.e., failing to proactively search for and find overpayments)
      • Ripple effects of UnitedHealthcare v. Azar
  •  A closer examination of FCA’s minimal scienter requirement
    • “deliberate ignorance” of the truth or falsity
    • “reckless disregard” of the truth or falsity
    • Examples of using scienter as a shield, including United States ex rel. Phalp v. Lincare Holdings, Inc. (11th Cir.)
  • Recent developments in the use of big data, predictive analytics and statistical sampling in FCA matters, including United States ex rel. Integra Med Analytics v. Providence Health Services (C.D. Cal.)

Erin Estevez, Attorney
Cooley LLP
  • FCA Pleading Requirements
    • Rule 9(b) Particularity
      • Requirements of the Rule
      • Courts’ Varying Applications
    • Implied Certification Cases
      • The Supreme Court’s Holding in Escobar
      • Post-Escobar Case Law: Is the Two-Part Test Mandatory?
    • First-to-File Violations – What is the Appropriate Remedy?
  • Investigation Best Practices
    • How Companies Learn of Allegations
    • Critical First Steps: Document Preservation & Non-Retaliation
    • What to Expect Once a Case is Filed
    • Engaging with the Government: The Granston Memorandum
  • Industry Trends
    • Government Contracts Update
    • Education Sector Update

Kayla Kaplan, Attorney
Fried Frank, Harris, Shriver & Jacobson LLP

2018 Impacts on Healthcare Fraud Enforcement

  • Falsity: Medical Necessity Cases
    • Appeals Threaten Objective Falsity Inquiry
      • United States ex rel. Polukoff v. St. Mark’s Hosp. (10th Cir. July 9, 2018)
      • United States v. GGNSC Admin. Servs. (“Aseracare”) (11th Cir. pending)
      • Implications of the Brand Memo
  • Materiality: Applications of Escobar in Medicare Context
    • Oft-quoted Ruckh interpretation on appeal before 11th Circuit
      • United States ex rel. Ruckh v. Salus Rehabilitation LLC (11th Cir.)
    • Impact of Application of Escobar to criminal cases
      • DOJ use of  United States v. Paulus (6th Cir) to bolster civil materiality arguments in medical necessity cases
      • Denial of certiorari in Palin v. United States (4th Cir.) regarding application of Escobar materiality to criminal cases
  • Falsity + Scienter: Medicare Advantage Cases
    • Impact of UnitedHealthcare v. Azar (D.D.C. Sept. 7, 2018)  on Medicare Advantage Enforcement
      • United States ex rel. Poehling v. UnitedHealth Group Inc. (C.D. Cal.)

 


Who Should Attend

  • Attorneys General
  • False Claims Act Lawyers
  • In-house Counsel
  • Litigation Officers
  • Chief Compliance Officers
  • Senior Management
  • Public and Private Companies
  • Other Related and Interested Professionals

Online CLE False Claims

Harsh P. Parikh, Attorney
Arent Fox LLP
  • ABCs of FCA – overview of the elements of an FCA claim
  • Big picture trends in FCA and qui tam actions and recoveries 
  • “Reverse” false claims theory and retention of overpayments from the government
    • Theory nuts and bolts
    • Application in the healthcare industry
      • Requirements for providers, suppliers and health plans under the 60-Day Overpayment Rule to report and return identified overpayments
      • CMS regulations that purport to impose liability for negligent inaction (i.e., failing to proactively search for and find overpayments)
      • Ripple effects of UnitedHealthcare v. Azar
  •  A closer examination of FCA’s minimal scienter requirement
    • “deliberate ignorance” of the truth or falsity
    • “reckless disregard” of the truth or falsity
    • Examples of using scienter as a shield, including United States ex rel. Phalp v. Lincare Holdings, Inc. (11th Cir.)
  • Recent developments in the use of big data, predictive analytics and statistical sampling in FCA matters, including United States ex rel. Integra Med Analytics v. Providence Health Services (C.D. Cal.)

Erin Estevez, Attorney
Cooley LLP
  • FCA Pleading Requirements
    • Rule 9(b) Particularity
      • Requirements of the Rule
      • Courts’ Varying Applications
    • Implied Certification Cases
      • The Supreme Court’s Holding in Escobar
      • Post-Escobar Case Law: Is the Two-Part Test Mandatory?
    • First-to-File Violations – What is the Appropriate Remedy?
  • Investigation Best Practices
    • How Companies Learn of Allegations
    • Critical First Steps: Document Preservation & Non-Retaliation
    • What to Expect Once a Case is Filed
    • Engaging with the Government: The Granston Memorandum
  • Industry Trends
    • Government Contracts Update
    • Education Sector Update

Kayla Kaplan, Attorney
Fried Frank, Harris, Shriver & Jacobson LLP

2018 Impacts on Healthcare Fraud Enforcement

  • Falsity: Medical Necessity Cases
    • Appeals Threaten Objective Falsity Inquiry
      • United States ex rel. Polukoff v. St. Mark’s Hosp. (10th Cir. July 9, 2018)
      • United States v. GGNSC Admin. Servs. (“Aseracare”) (11th Cir. pending)
      • Implications of the Brand Memo
  • Materiality: Applications of Escobar in Medicare Context
    • Oft-quoted Ruckh interpretation on appeal before 11th Circuit
      • United States ex rel. Ruckh v. Salus Rehabilitation LLC (11th Cir.)
    • Impact of Application of Escobar to criminal cases
      • DOJ use of  United States v. Paulus (6th Cir) to bolster civil materiality arguments in medical necessity cases
      • Denial of certiorari in Palin v. United States (4th Cir.) regarding application of Escobar materiality to criminal cases
  • Falsity + Scienter: Medicare Advantage Cases
    • Impact of UnitedHealthcare v. Azar (D.D.C. Sept. 7, 2018)  on Medicare Advantage Enforcement
      • United States ex rel. Poehling v. UnitedHealth Group Inc. (C.D. Cal.)

 


Online CLE False Claims

Online CLE False Claims

Harsh P. ParikhAttorneyArent Fox LLP

Harsh is an Associate in Arent Fox’s Health Care practice.  Harsh represents and counsels health care clients in a wide range of regulatory, transactional, and litigation matters.  Harsh advises clients with respect to fraud and abuse and False Claims Act (FCA) compliance in several contexts, including Corporate Integrity Agreement implementation, internal audits and investigations, risk assessments and strategic transactions in the health care industry.  Harsh often guides clients in matters involving FCA internal and government investigations and enforcement actions.  Harsh has experience working with clients that are seeking resolution of government health care program overpayment issues or fraud and abuse matters through self-disclosures and negotiated settlements with the U.S. Department of Justice, U.S. Health & Human Services Office of the Inspector General, the Centers for Medicare & Medicaid Services (CMS) and the California Department of Healthcare Services (DHCS).

Online CLE False Claims

Erin EstevezAttorneyCooley LLP

Erin Estevez represents technology and media companies, government contractors, financial services institutions, telecommunication companies, education sector clients and others in counseling and complex litigation matters nationwide. These cases have involved False Claims Act litigation, mandatory disclosures, internal and government investigations, cybersecurity, data breach response, bid protests, personnel security clearance adjudications, Freedom of Information Act issues, 28 U.S.C. § 1498 patent litigation against the government, Foreign Corrupt Practices Act matters, contract disputes and business tort claims.

Online CLE False Claims

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.


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Online CLE False Claims

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in government fraud litigation

Course Code:
   146886

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
    1.5 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.

Founded in 1942 and with more than 400 lawyers, Arent Fox is an internationally recognized law firm in core practice areas where business and the law intersect. The firm’s Health Care practice, with attorneys and professionals in Washington, DC, New York, Los Angeles, and San Francisco, is a true national practice, focusing on the key areas that define and drive the health care marketplace.  Arent Fox’s team of highly experienced health law attorneys and professionals comprises one of the oldest, most respected health care practices, providing counsel and representation on all legal and regulatory aspects of large-scale transactions, regulatory compliance, investigations, litigation, and health care IT.

Website: https://www.arentfox.com/

Cooley’s attorneys solve legal issues for entrepreneurs, investors, financial institutions and established companies. Clients partner with Cooley on transformative deals, complex IP and regulatory matters, and high-stakes litigation, where innovation meets the law. Cooley has 900+ lawyers across 13 offices in the United States, China and Europe. Our 350+ litigators have decades of experience leading complex investigations and related litigation in relation to FCA and SEC enforcement and compliance, FCPA violations, anti-money laundering compliance, cross-border investigations, extradition and EU sanctions.

Website: https://www.cooley.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

Harsh is an Associate in Arent Fox’s Health Care practice.  Harsh represents and counsels health care clients in a wide range of regulatory, transactional, and litigation matters.  Harsh advises clients with respect to fraud and abuse and False Claims Act (FCA) compliance in several contexts, including Corporate Integrity Agreement implementation, internal audits and investigations, risk assessments and strategic transactions in the health care industry.  Harsh often guides clients in matters involving FCA internal and government investigations and enforcement actions.  Harsh has experience working with clients that are seeking resolution of government health care program overpayment issues or fraud and abuse matters through self-disclosures and negotiated settlements with the U.S. Department of Justice, U.S. Health & Human Services Office of the Inspector General, the Centers for Medicare & Medicaid Services (CMS) and the California Department of Healthcare Services (DHCS).

Erin Estevez represents technology and media companies, government contractors, financial services institutions, telecommunication companies, education sector clients and others in counseling and complex litigation matters nationwide. These cases have involved False Claims Act litigation, mandatory disclosures, internal and government investigations, cybersecurity, data breach response, bid protests, personnel security clearance adjudications, Freedom of Information Act issues, 28 U.S.C. § 1498 patent litigation against the government, Foreign Corrupt Practices Act matters, contract disputes and business tort claims.

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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