Effective Use of Sampling and Extrapolation to Prove Liability in FCA Litigation: A 2017 Perspective
In False Claims Act (FCA) cases, both the government and private plaintiffs suing on behalf of the government are seeking to use streamlined approaches, like statistical sampling and extrapolation, to prove liability and damages in complex cases, especially when individualized proof of multiple claims is burdensome and impractical. Statistical sampling draws conclusions about a large data set from the characteristics of a (small) sample of that data set. Extrapolation, on the other hand, draws inferences about a larger population from the analysis of a smaller sample. Both approaches involve identifying a representative sample of claims and using that sample to draw inferences and make conclusions about the larger pool of claims, which may themselves remain individually unidentified.
How might these statistical methods, commonplace in other civil contexts, affect the future of FCA litigation?
In this LIVE Webcast, a seasoned panel of thought leaders, practitioners, and professionals brought together by The Knowledge Group will provide the audience with an in-depth analysis and discussion of the Effective Use of Sampling and Extrapolation in Proving Liability in a FCA Litigation. Speakers will go beyond the basic and present to the audience their expert thoughts and opinions not only on how to maximize the benefits of sampling and extrapolation, but also how to defend an FCA action when sampling is proposed.
Key topics include:
- Historical Uses of Statistical Sampling and Extrapolation in Complex Civil Litigation
- Using Statistical Sampling and Extrapolation in Proving FCA Liability
- Recent Court Decisions
- Opportunities, Challenges, and Defenses
- Potential Risks and Best Practices
- Jim Miller: Overview of Sampling Issue in FCA Litigation
- Matt Benedetto: History of Sampling and Use of Statistics in Other Civil Contexts
- Chiharu Sekino: Use of Sampling in FCA Cases before Life Care/Damages
- Matt Benedetto: Discussion of the Life Care decision
- Chiharu Sekino: Post Life Care decisions
- Jim Miller: Daubert issues
Who Should Attend:
- Attorneys General
- Healthcare Lawyers
- In-house Counsel likely for Pharma and Manufacturing Companies
- Litigation Officers
- Healthcare Service Providers
- General Counsel
James E. Miller is one of the founding partners of Shepherd Finkelman Miller & Shah, LLP.
He is admitted to practice law in the States of California, Connecticut and New Jersey, as well as the Commonwealth of Pennsylvania and numerous federal courts, including the United States Courts of Appeal for the Second Circuit, Third Circuit and Ninth Circuit and the United States Supreme Court.
Mr. Miller earned his undergraduate degree from Cornell University (B.S. 1988) and his law degree from the University of Pennsylvania School of Law (J.D. 1991). While at Penn Law School, he was awarded the Edwin R. Keedy Cup and was Editor of the Comparative Labor Law Journal. Following graduation, he served as Law Clerk to the Honorable Daniel H. Huyett, 3rd, United States District Judge for the Eastern District of Pennsylvania.
Mr. Miller concentrates his practice on securities, corporate governance and employee benefirs litigation, as well as significant employment, defamation and wage/hour cases. He also serves as outside general counsel for certain select clients of the Firm, most of which are subsidiaries of corporations based in Europe and India. During his career, he has supervised a number of internal corporate investigations and has litigated numerous whistleblower and False Claims Act cases, both on behalf of plaintiffs and defendants. Mr. Miller has tried over twenty (20) cases to successful verdict or judgment during his career, including class action, defamation, employee benefits, employment and whistleblower matters. In proceedings on behalf of plaintiffs and whistleblowers, Mr. Miller has secured a number of multi-million dollar verdicts and arbitration awards.
James E. Miller is one of the founding partners of Shepherd Finkelman Miller & Shah, LLP. He is admitted to …
Chiharu Sekino joined Shepherd Finkelman Miller & Shah, LLP (the “Firm”) in 2008 as a legal assistant. She became an associate at the Firm in 2015 and is admitted to practice law in the State of California.
Ms. Sekino earned her Bachelor of Arts degree from the University of California, San Diego in 2007, where she double-majored in Political Science and Japanese Studies. While working for the Firm, she concurrently received a law degree from California Western School of Law, graduating cum laude, and a Masters in Social Work from San Diego State University in 2015.
She concentrates her practice on complex commercial, employment, and wage/hour cases. She has also assisted in numerous complex consumer class action, ERISA, whistleblower, and False Claims Act cases. Ms. Sekino is currently the Co-Chair and Board Member of the Japanese American Bar Association, San Diego Committee.
Chiharu Sekino joined Shepherd Finkelman Miller & Shah, LLP (the “Firm”) in 2008 as a legal assistant. She became an …
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, healthcare companies, and financial institutions in both federal and state False Claims Act actions and other complex regulatory and litigation matters. 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 California 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.
Mr. Benedetto is a counsel in the Los Angeles Office of WilmerHale. His practice focuses on complex civil litigation and …
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Method of Presentation:
Experience in commercial or consumer litigation
NASBA Field of Study:
Specialized Knowledge - Technical
NY Category of CLE Credit:
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About Shepherd, Finkelman, Miller & Shah, LLP
Shepherd, Finkelman, Miller & Shah, LLP is an established law firm with an international reach and reputation. Founded by alumni of large firms, SFMS began as a litigation boutique over ten years ago and has grown into a full-service firm with offices located strategically throughout the United States and strong international affiliations. Since SFMS was founded in 2002, the Firm’s lawyers have recovered more the $1 billion for clients in securities arbitrations, class action litigation, qui tam lawsuits and other matters. The Firm’s client base is diverse and eclectic, and includes small and midsize business entities, multinational corporations, institutional investors, broker-dealers, benefit funds and plan administrators, financial institutions, governmental entities, labor unions and individuals, including corporate executives, employees, consumers, retirees and whistleblowers. SFMS maintains offices in California, Connecticut, Florida, New Jersey, New York, and Pennsylvania, as well as affiliate offices in London, England and Milan, Italy. The Firm also is an active member of Integrated Advisory Group (iaginternational.org), a highly respected network of attorneys, fiduciary trust and tax advisors that provide the firm's clients with access to high quality advice at reasonable costs in almost any jurisdiction around the world.
About Wilmer Cutler Pickering Hale and Dorr LLP
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.