Statistical Evidence in False Claims Act Cases: Identifying Opportunities and Legal Challenges
With the growing number of lawsuits brought under the federal False Claims Act (FCA), the dispute over the use of statistical evidence to prove liability in FCA cases continues to spark interest among industry leaders, professionals, and litigators. The plaintiffs in these cases, including both the government and qui tam relators, routinely argue that the use of statistical evidence to prove liability should be allowed to avoid difficult and prolonged litigation. A number of recent court decisions have addressed the issue and reached different conclusions; thus, the battle over statistical evidence and how this evidence may be used in FCA cases will likely continue. It is therefore imperative to carefully consider the significant ramifications of employing statistical evidence in all stages of FCA litigation to avoid any legal risks and pitfalls.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will provide an in-depth discussion of Statistical Evidence in False Claims Act Cases and will help the audience better understand all the important aspects of this significant topic. Speakers will also offer best practices in identifying opportunities and legal challenges while ensuring compliance with applicable laws.
Key issues that will be covered in this course are:
- Use of Statistical Evidence in False Claims Act Cases
- Opportunities for FCA Plaintiffs and Potential Defenses
- Recent Court Decisions
- Best Practices and Risk Mitigation Strategies
Angela Pazzaglia, PhD, Senior Economist
Kristina Matic, Senior Counsel
Foley & Lardner LLP
Matthew D. Benedetto, Counsel
Daniel A. Johnson, Attorney
Leader & Berkon LLP
- Background regarding False Claims Act
- Background regarding statistical sampling evidence
- Cases addressing sampling in other civil contexts
- Cases addressing sampling in False Claims Act cases, before and after Life Care
- Daubert issues with regard to sampling evidence
- Best practices with regard to sampling evidence
Who Should Attend:
- False Claims Act Attorneys
- Attorneys General
- In-house Counsel
- Litigation Officers
- General Counsel
- Chief Compliance Officers
- Audit & Compliance Executives
Angela Pazzaglia is a senior economist at Bates White, a leading firm in economic and statistical consulting. In her role as a statistical expert, Dr. Pazzaglia conducts quantitative analyses such as sampling and extrapolation, causation and liability analysis, and damages estimation. She focuses on litigation in the healthcare and pharmaceutical industries, including work on False Claims Act and anti-kickback statute engagements. While with Bates White, Dr. Pazzaglia has estimated liability and damages for a case involving alleged kickbacks by a major brand name pharmaceutical company and assessed statistical claims and sample projections in a matter related to false advertising. She also has extensive experience analyzing pharmaceutical pricing and reimbursements using large transactional sales and claims databases.
Dr. Pazzaglia received her M.S. and Ph.D. from the University of Massachusetts Amherst, where she studied computational modeling.
Angela Pazzaglia is a senior economist at Bates White, a leading firm in economic and statistical consulting. In her role …
Kristina Matic is a senior counsel with Foley & Lardner LLP. Ms. Matic is an experienced litigator whose work focuses on complex commercial litigation matters, including significant experience in reinsurance arbitration and False Claims Act defense. She has represented clients in multiple reinsurance arbitration proceedings and in a variety of business-related litigation, including defense of actions under the False Claims Act.
As part of the firm’s national FCA practice, Ms. Matic has represented hospitals, DME suppliers, government contractors, Medicare Administrative Contractors, ambulance providers, and major mortgage entities in numerous False Claims Act whistleblower suits. Her recent FCA victories include obtaining dismissal of all claims against a client in a multi-million dollar FCA action regarding alleged submission of non-medically necessary claims to government programs.
Kristina Matic is a senior counsel with Foley & Lardner LLP. Ms. Matic is an experienced litigator whose work focuses …
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. 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. He also has experience representing qui tam whistleblowers, and before joining WilmerHale 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. He currently represents Theranos, the blood testing technology company, in a number of actions across the country.
Mr. Benedetto is a counsel in the Los Angeles Office of WilmerHale. His practice focuses on complex civil litigation and …
Daniel A. Johnson is a commercial litigator at Leader & Berkon in New York. He has significant experience in cases relating to complex commercial litigation, False Claims Act, product defects, securities, insurance, and trade secrets. Among other accomplishments, he recently assisted in prosecuting a trade secrets lawsuit leading to a $130 million settlement on the eve of trial. Before joining Leader & Berkon, he worked as a senior litigation associate at Jenner & Block and completed a secondment at a Fortune 300 industrial supply company. He earned his J.D. from the University of Michigan Law School, and his B.A., summa cum laude, from Kenyon College. He is admitted in Illinois and New York and can be reached at firstname.lastname@example.org.
Daniel A. Johnson is a commercial litigator at Leader & Berkon in New York. He has significant experience in cases …
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Method of Presentation:
Experience in civil litigation
NASBA Field of Study:
Statistics - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Bates White
Bates White is an economic consulting firm that provides advanced, empirically-based economic, financial, and econometric analysis to law firms, corporations, and government agencies. We advise clients on litigation, case development and strategy, assessing and analyzing the relative strengths of economic arguments, and determining optimal strategies for discovery, motions, trial preparations, and settlement.
About Foley & Lardner LLP
Foley & Lardner LLP provides award-winning business and legal insight to clients across the country and around the world. Our exceptional client service, value, and innovative technology are continually recognized by our clients and the legal industry. For 13 consecutive years, Foley has been recognized on the BTI Client Service A-Team, a client service survey of Fortune 1000 corporate counsel (2016 BTI Client Service A-Team survey, The BTI Consulting Group, Wellesley, MA). In addition, Foley received 27 national Tier 1 rankings in the 2016 edition of U.S. News – Best Lawyers® “Best Law Firms,” and was named to the InformationWeek 500 list for seven of the past nine years for technological innovation that enhances business value. At Foley, we strive to create legal strategies that help you meet your needs today — and anticipate your challenges tomorrow.
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. For more information, please visit www.wilmerhale.com.
About Leader & Berkon LLP
For 30 years, Leader & Berkon LLP has concentrated its practice on litigation. With a main office in New York and offices in Los Angeles and Philadelphia, Leader & Berkon represents a wide array of clients, including Fortune 500 companies, small businesses, and individuals, in civil litigation and complex business disputes. Representing some of the nation's largest and best-known corporations, our trial-ready team has achieved successful outcomes for our clients in a variety of practice areas, from complex commercial litigation to securities and commodities disputes to defense of product liability and toxic torts claims.