State False Claims Act Enforcement in 2015
Originally enacted during the Civil War, The False Claims Act imposes liability on entities which falsely seek government funds or which attempt to avoid paying dues to the government. The law has evolved into a lucrative source for plaintiffs’ lawyers and their clients at the expense of American businesses and taxpayers.
In a two hour live webcast, a panel of thought leaders and seasoned professionals assembled by The Knowledge Group will review and provide an in-depth discussion on the latest trends and developments regarding the enactment, State differences, implications, and enforcement of the State’s False Claims Act.
Most of the state false claims acts are modeled after the federal False Claims Act and allow qui tam whistleblowers to file claims on behalf of the state. There are differences in the law between states and, fraudulent schemes may affect the federal government and several state governments.
In a two-hour live webcast, the speakers will discuss:
- Overview on False Claims Act
- Steps to Reduce Potential Exposure to FCA Actions
- Implications of the Qui tam Provisions
- Effect of the Deficit Reduction Act on FCA
- Up-to-Date Issues and Trends
Kayla Stachniak Kaplan, Attorney
Fried, Frank, Harris, Shriver & Jacobson LLP
- Exploring Similarities and Differences Between the Federal Civil False Claims Act and State False Claims Statutes
- General History of State False Claims Statutes
- Modeling After Federal FCA
- States Maintaining Unique Elements
- Challenges in Defending Against State False Claims Statutes
- Leveraging Federal False Claims Act in Defense of State Claims
- General History of State False Claims Statutes
Eric Buescher, Principal
Cotchett, Pitre & McCarthy, LLP
- California statutes – some unique statutes relating to insurance fraud
Thomas D. Bever, Partner
Chilivis, Cochran, Larkins & Bever LLP
- Georgia False Claims Act
Who Should Attend:
- Attorney General
- Healthcare Lawyers
- Professionals from Medical Device Industries and Pharmaceutical Firms
- In-house Counsel likely for Pharma and Manufacturing Companies
- Litigation Officers
- General Counsel
- Other Related/Interested Professionals and Organizations
Kayla Stachniak Kaplan, senior associate at Fried Frank and a member of the Firm's False Claims Act and Qui Tam 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(r), 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 Qui Tam …
Eric Buescher is a Principal at Cotchett, Pitre & McCarthy, where he focuses on false claims litigation as well as elder abuse, employment and environmental litigation. Mr. Buescher received his Bachelor of Arts in Political Science, with a focus on International Relations from Duke University. After graduating, Mr. Buescher worked as a researcher in Washington, DC assisting law firms with complex research projects for active litigation matters.
Subsequently, Mr. Buescher received his J.D. from Georgetown University Law Center. While at Georgetown, Mr. Buescher was a member of the Georgetown Journal on Law and Public Policy and published an article regarding Fifth Amendment takings as they relate to affordable housing and the Department of Housing and Urban Development titled "Home Robbery: Congress and HUD's Taking of Private Property in Affordable Housing." 7 Geo. J.L. & Pub. Pol'y 571 (2009).
Eric Buescher is a Principal at Cotchett, Pitre & McCarthy, where he focuses on false claims litigation as well as elder …
Tom Bever is a partner in the Atlanta law firm of Chilivis, Cochran, Larkins & Bever, where he has practiced white collar criminal defense and civil litigation since 1991, including fraud cases investigated and prosecuted by U.S. Attorney’s Offices, the Georgia Attorney General’s Office, and the offices of District Attorneys. A significant portion of Tom’s work in private practice has involved civil litigation and criminal defense in False Claims Act cases, particularly in the field of health care.
Tom served as an Assistant U.S. Attorney for the Northern District of Georgia from 1985 to 1990, working in General Crimes, in the Fraud Section, and in the Public Corruption Section. Tom worked for a year as Associate Counsel, Office of Independent Counsel, on the Iran/Contra case in Washington, D.C.
Tom received his law degree and a Master of Business Administration (MBA) from the University of Virginia.
Tom Bever is a partner in the Atlanta law firm of Chilivis, Cochran, Larkins & Bever, where he has practiced …
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Specialized Knowledge and Applications
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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 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 FCA's interpretation and scope. The Firm regularly represents financial industry, defense, health care, and other government contractors in high stakes cases. The Firm's False Claims Act 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 Cotchett, Pitre & McCarthy, LLP
Cotchett, Pitre & McCarthy, LLP based on the San Francisco Peninsula for over 45 years, engages exclusively in litigation and trials. The firm's dedication to prosecuting or defending socially just actions has earned it a national reputation. With offices in Burlingame, Los Angeles, Sacramento, New York and Washington D.C., the core of the firm is its people and their dedication to principles of law, their work ethic and commitment to justice.
About Chilivis, Cochran, Larkins & Bever LLP
Chilivis, Cochran, Larkins & Bever LLP is a litigation boutique with a broad client base of businesses and individuals, including executives, corporate officers, employees, physicians, physician practice groups, attorneys, and others facing high-stakes civil, white collar criminal, business litigation, health care, and administrative law matters in federal and state courts. Three of our five partners are former federal prosecutors in Georgia. All five partners are named as Super Lawyers. Three of our partners are in U.S. News & World Report as Best Lawyers in America. The first has both defended and represented relators in false claims act cases since the early 1990s.