FCA Violations Insurance Coverage: Hot Buttons for 2017 & Beyond
Defending a business against a False Claims Act (FCA) liability allegation relating to government contracts, is mostly exhausting and can have a monumental impact on the way the business operates. Additionally, the legal costs of regulatory investigations and related actions under the FCA normally reach to a large amount of money. It is therefore safer for these contractors to have at least an appropriate insurance asset once the government comes knocking at their doorstep. However, it is also crucial that a company understands the coverage and limitations of the insurance it has purchased. Given the varying coverage terms for FCA claims, businesses should work with a well-versed counsel that can help them review the terms of their insurance policies.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will help companies across industries understand the fundamentals of FCA violations insurance coverage and will offer insights on the recent FCA litigation trends and compliance issues. Speakers will also provide the audience with the best practices in ensuring that their insurance coverage will meet regulatory investigation risks.
Some of the major topics that will be covered in this course are:
- FCA and Its Complexities
- Recent FCA Litigation Trends
- Insurance Coverage to Mitigate Risks
- Directors & Officers (D&O) and Errors & Omissions (E&O) Policies
- Compliance Issues
- Best Compliance Practices
Shepherd, Finkelman, Miller & Shah, LLP
- Potential Expenses - (Insured's expenses and direct losses; third party claims for economic loss; third party claims for personal injury or property damage)
- I would also add Directors' & Officers' (D&O) Policies and Crime/Blanket Bond Insurance policies to the lists of insurance
- Beware of Brokers' advice re insurance coverage
- Case law in coverage actions under the FCA
Peckar & Abramson, P.C.
- Overview of False Claims Provisions
- Knowing presentation of claims
- False statement
- Supreme Court's clarification of materiality/condition of payment requirements
- Whistleblower provisions
- Insurance Products
- Defense Coverage
- Indemnity: what is and what is not covered
- Full coverage for retaliation claims
- Use of retaliation provisions to overcome large self-insured retentions for False Claims Defense
- Proactive Avoidance of False Claims
- Importance of Compliance Policies
- Pro-active investigations of whistleblower assertions
- Importance of proper HR procedures for whistleblowers
Who Should Attend:
- Government Contractors
- Insurance Fraud Investigators
- Corporate Managers
- Business Owners
- In-House Counsel
- Risk and Compliance Managers
- Litigation Officers
- General Counsel
- Other Related/Interested Professionals and Organizations
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 …
Patrick J. Greene, Jr., a partner at Peckar & Abramson, heads the firm’s Government Practice Group in New York and New Jersey.
In over 30 years of practice, Mr. Greene has advised some of the nation’s largest construction contractors regarding performance and compliance issues in contracting in the public and private sectors, including, especially, federal government contracting. He has prepared, litigated and resolved numerous complex extra work, delay and impact claims on domestic and international construction projects. He also has advised and presented defenses against subcontractor claims and against defective work and delay claims asserted by owners and others. Notably, Mr. Greene successfully presented the seminal Construction Lien Law case before the New Jersey Supreme Court, and tried one of the largest, most complex cases in the history of the United States General Services Board of Contract Appeals (GSBCA). As a result of representing numerous federal contractors, Mr. Greene is especially knowledgeable regarding the Federal Acquisition Regulation (FAR).
An important consideration in defense against defective construction work claims is the availability and application of insurance coverage under commercial general liability, professional malpractice and subcontractor default insurance policies. Mr. Greene and his team are well versed in the complexities of obtaining coverage for occurrences involving construction defects under standard and nonstandard insurance provisions. They also advise regarding the establishment and maintenance of insurance programs, including issues of cost recovery and disclosure under pertinent contract provisions and regulations, such as the FAR cost principles.
Patrick J. Greene, Jr., a partner at Peckar & Abramson, heads the firm’s Government Practice Group in New York and …
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Method of Presentation:
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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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, Pennsylvania and Wisconsin, as well as an affiliate office in London, England. 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 Peckar & Abramson, P.C.
Long known for leadership and innovation in construction law, Peckar & Abramson’s Results FirstSM approach encompasses a broad array of legal services — delivered with a commitment to effi ciency, value and client service since 1978.
With over 100 attorneys, eleven U.S. offi ces, and affi liations around the globe, our capabilities extend farther and deeper than ever.
Our courtroom and dispute resolution experience, coupled with our ability to provide genuinely insightful legal advice and commercial representation, help our wide range of clients maximize opportunities, meet challenges, solve problems, and manage risk.
Peckar & Abramson’s capabilities have expanded over the years to that of a true full-service law firm, but our commitment to the construction industry has never wavered. True to our construction roots, we remain the “go to” law fi rm for many of the industry’s most successful contractors, professionals, and associations. Our rich construction industry history, uniquely blended with the depth and talent to provide a full range of legal services, earns Peckar & Abramson high praise and recognition in the United States and internationally.
At Peckar & Abramson, we are driven to provide excellence, effi ciency, and eff ectiveness - always mindful of our Results First focus.