The Future of Qui Tam & False Claims Act: What’s In and Out of 2017?
Over the years of the Obama administration, there was an impressive uptake in activity under the False Claims Act (FCA), reflecting increases in both annual recoveries and the number of whistleblower cases. In fiscal year 2016, for instance, the Justice Department recovered over $4.7 billion in settlements and judgements from FCA cases. This figure was the third highest annual recovery in the history of FCA. Interestingly, of the $4.7 billion recovery, $2.5 billion came from the health care industry, and $1.7 million from the financial services industry. With this as background, many people are anticipating what changes will Trump leadership bring to FCA enforcement, particularly in light of the Trump administration’s efforts to abolish Obama's Affordable Care Act (ACA). The new President’s policies concerning fraud and stronger enforcement are also becoming subjects of interest.
In addition to the change in administrations, the U.S. Supreme Court’s Escobar decision last summer is already having an impact on the scope, implementation, and interpretation of the FCA. In addition to validating the “implied certification” liability theory, the Escobar Court also announced a rigorous “materiality” standard that courts must now apply. In the months following the Escobar decision, numerous courts have focused on the “materiality” requirement for FCA allegations and scienter showings. Thus, while Escobar has expanded the reach of the implied certification theory to all jurisdictions, it also has provided defendants with added protections and dispositive motion arguments.
In this two-hour LIVE Webcast, a panel of key thought leaders organized by The Knowledge Group will provide an overview to help you understand the critical elements of Qui Tam & False Claims Act and the potential changes it might undergo in the succeeding years. Speakers will also provide an in-depth discussion of FCA and give significant insights on the potential impacts of the current administration.
Some of the major topics that will be covered in this course are:
- Recent Developments in Qui Tam Litigation
- Impact of the Supreme Court’s decision in Escobar
- Defensive Techniques Using Heightened Materiality Standard
- Plaintiff Perspective on Post-Escobar Landscape
- Fraud Claims Act Enforcement Under President Trump
- What’s In and Out for 2017?
Susan Schneider Thomas, Shareholder
Berger & Montague, P.C.
- Changes in the law regarding retaliation, including regulatory efforts to restrain efforts to discourage or bar employees from bringing False Claims Act and related cases.
- Update on violations of FCA seal requirements, following State Farm and Fire Casualty Co. v. U.S. ex rel Rigsby. (U.S. Sup. Ct. 2016)
- Update on cases concerning FCA public disclosure and “original source” provisions
- Update on cases concerning FCA first-to-file rule
C. Scott Jones, Partner
Locke Lord LLP
- Defense-side perspective on heightened materiality standard and implied certification standard under U.S. ex rel. Escobar v. Universal Health Services (U.S. Sup. Ct. 2016) and its progeny.
- Post-Escobar False Claims Act cases setting forth examples of and exceptions to the applicable materiality standard.
- Key defensive techniques that make defensive use of the heightened materiality standard (e.g. exploring Rule 12 and 9(b) arguments; discovery tips, including from government payors).
Andrew A. Rainer, Partner
Brody Hardoon Perkins & Kesten, LLP
- Plaintiff-side perspective on changes in the law on materiality and implied certification under Escobar, including examples of what types of claims will and will not be allowed.
- Whether the change in administration will affect enforcement of the False Claims Act, including who is currently overseeing FCA cases and what appointees are expected to oversee FCA cases going forward.
Who Should Attend:
- Attorneys General
- Healthcare Lawyers
- All In-house Counsel
- Litigation Officers
- Medical Providers
- Chief Compliance Officers
- Private Practitioners
- Senior Management
- Public and Private Companies
- Other Related/Interested Professionals and Organization
Scott Jones is a partner in Locke Lord LLP’s litigation and trial section. In his 17+ years, Mr. Jones has tried a variety of cases in state and federal courts. His practice focuses primarily on defending pharmaceutical manufacturers and distribution servicers, aviation and avionics manufacturers, and defense contractors in federal and state False Claims Act / qui tam lawsuits, as well as in connection with the government-led investigations that frequently precede such litigation. Mr. Jones has defended and deposed hundreds of witnesses in such cases and has participated in jury trials involving claims regarding “off label” promotion, drug misbranding, false implied certifications, anti-kickback statute violations, and other false claims issues. Mr. Jones’s trial experience also includes general business litigation, products liability litigation, and commercial and business tort litigation. He also has served as a bar-appointed arbitrator and provides free volunteer legal services to members of the Dallas community.
Scott Jones is a partner in Locke Lord LLP’s litigation and trial section. In his 17+ years, Mr. Jones has …
Susan Schneider Thomas is a shareholder in the Qui Tam/Whistleblower Group at Berger & Montague, P.C. in Philadelphia. The Firm has a nationwide practice in various areas of complex litigation, including class actions for antitrust violations, securities fraud, consumer fraud, labor issues, products liability and environmental torts, as well as whistleblower cases under the False Claims Act and the IRS and SEC whistleblower statutes. Ms. Thomas has been involved in the Qui Tam/Whistleblower Group for more than 15 years and has participated in many of the Firm’s successful recoveries of more than $3 billion for government entities and nearly $500 million in awards to the whistleblower clients. Her particular areas of focus include healthcare and defense contractor fraud and schemes to avoid payment of customs duties.
Susan Schneider Thomas is a shareholder in the Qui Tam/Whistleblower Group at Berger & Montague, P.C. in Philadelphia. The Firm …
Over the course of his career, Andrew Rainer has served as an Assistant Attorney General, as an Assistant District Attorney, as Counsel to the United States Senate Judiciary Committee, and as an active trial lawyer. He is an AV-rated lawyer who has served as lead counsel in dozens of jury trials, and has helped craft numerous multimillion-dollar settlements. Mr. Rainer brought the first whistleblower suit against a government contractor for fraud on Boston's Big Dig, helping the federal and state governments recover almost $50 million. He has over 25 years of experience representing companies, government entities, and individuals in environmental and public health litigation.
Over the course of his career, Andrew Rainer has served as an Assistant Attorney General, as an Assistant District Attorney, …
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Method of Presentation:
Experience in whistleblower law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Locke Lord LLP
Locke Lord LLP is a full-service, international law firm with offices in Atlanta, Austin, Boston, Chicago, Dallas, Hartford, Hong Kong, Houston, London, Los Angeles, Miami, Morristown, New Orleans, New York, Orange County, Providence, Sacramento, San Francisco, Stamford, Washington, D.C., and West Palm Beach.
Our team of approximately 750 attorneys has earned a solid national reputation in complex litigation, regulatory and transactional work. We serve our clients’ interests first, and these clients range from Fortune 500 and middle market public and private companies to start-ups and emerging businesses.
About Berger & Montague, P.C.
Berger & Montague, P.C. has a nationwide practice in various areas of complex litigation, including class actions for antitrust violations, securities fraud, consumer fraud, labor issues, products liability and environmental torts, as well as whistleblower cases under the False Claims Act and the IRS and SEC whistleblower statutes. The Firm’s main office is in Philadelphia, although we have attorneys working from other cities as well. We are known for aggressive, unrelenting pursuit of our clients’ interests, sometimes spanning more than a decade of battles through the courts, combined with high standards of professionalism, intellectual excellence, subject-matter expertise and innovative solutions to seemingly intractable situations.
About Brody Hardoon Perkins & Kesten, LLP
At Brody, Hardoon, Perkins & Kesten, LLP, we understand that real people are at the heart of every legal conflict. Because of this, BHPK offers a preeminent level of service without being pretentious.
BHPK's attorneys have a reputation as excellent litigators. Our cases have resulted in favorable, precedent-setting jury verdicts and appellate decisions. Our attorneys are often consulted by the news media and are highly regarded by our peers.
With a legal team that consists of former prosecutors and experienced civil trial attorneys, the lawyers at BHPK have extensive trial experience. We have tried thousands of cases throughout the course of our careers and as a result, we get the best possible results for our clients. Our opponents know that if they do not give our clients the results they deserve, we will go to court to get it.