Navigating Recent Trends and Developments in False Claims Act: A 2017 Outlook
The False Claims Act is the federal government’s primary anti-fraud weapon, and the DOJ continues to wield it aggressively as shown by the nearly $5 billion recovered by the government under the FCA in 2016. Last year, also, two FCA cases made it to the United States Supreme Court indicating that the law continues to evolve as government, qui tam relators, and defendants clash over the scope of recent statutory amendments and common law developments. One of those decisions, Universal Health Services, Inc. v. United Sates ex rel. Escobar, produced a unanimous decision embracing the “implied certification” theory of liability, a common law construct imposing potentially broad implied-in-fact liability for failure to comply with any number of federal requirements. That decision has spawned new litigation as parties and courts work to interpret and apply its dictates. Certainly, the fallout from the Escobar decision will bear continued attention in the year ahead. In another recent development, the Justice Department announced a rule essentially doubling monetary per claim penalties from a range of $5,500 to $11,000 to a range of $10,781 to $21,563. These penalties are applicable to violations occurring on or after November 2, 2015. Even under the prior rule, statutory penalties in some cases dwarfed monetary damages leading some courts to limit or reject them altogether as unconstitutional. Such outcomes may only become more common in light of the new DOJ rule.
Expanding theories of liability and financial incentives have led to a significant increase in FCA cases, brought mainly by whistleblowers under the qui tam provisions of the law. Anyone doing business with the federal government faces potential exposure to FCA liability. What’s more, nearly every state has codified its own version of the FCA imposing potential liability on those who do business with state entities. Now more than ever, an awareness of the law’s pitfalls and establishment of a robust compliance program are imperative.
This course offers a review of the FCA and the latest legal developments. A panel of thought leaders and practitioners organized by The Knowledge Group will help the audience understand the impact of recent trends and developments upon businesses. They will also offer practical guidance on how to avoid or minimize FCA exposure.
In a two-hour LIVE Webcast, the speakers will discuss:
- Brief Overview of the False Claims Act
- Noteworthy Settlements and Judgments
- Legislative and Regulatory Developments
- Recent Developments in the Case Law
- Best Compliance Practices
Dickinson Wright PLLC
Chuhak & Tecson, P.C.
- Introduction: History and evolution of the FCA
- Universal Health Services v. U.S. ex rel. Escobar and its progeny
- Rule 9(b) Pleading Standard
- Recent cases: LifeCare, Agape, Tyson, Walmart
- Recent judgments and settlements
- Economics and experts, including liability and damages
- Future developments: SCOTUS, circuits, Congress, attorney general, states
Who Should Attend:
- Government Contractors
- Attorneys General
- In-house Counsel
- Litigation Officers
- General Counsel
Ken McIntyre is a Partner in Dickinson Wright’s Detroit office who concentrates his practice on complex litigation, including civil and criminal antitrust, False Claims Act, RICO, consumer protection, and class actions. For over 25 years, Ken has counseled and defended clients against FCA allegations brought by the federal government or by private “relators” suing on behalf of the U.S. His “Qui Tam” experience covers a broad range of industries including automotive, manufacturing, construction, healthcare, federal research grants, and public education.
Ken received his B.A. and J.D., with honors, from the University of Michigan. Ken’s expertise is recognized by Chambers USA, the Best Lawyers in America, Super Lawyers, DBusiness Top Lawyers, and Martindale-Hubbell AV Preeminent Rated Lawyers.
Ken McIntyre is a Partner in Dickinson Wright’s Detroit office who concentrates his practice on complex litigation, including civil and …
Stephen (Steve) Wood is the head of the firm’s litigation practice. He focuses primarily on commercial litigation involving a wide range of substantive legal areas including unfair competition, antitrust, contract, and business torts, among others. Steve also has represented clients in a variety of internal investigations and defended them in related whistleblower litigation. In his diverse practice, he also has devoted significant time to the defense of manufacturers and distributors in toxic tort, environmental, products liability, and mass tort litigation. Steve’s clients come from a range of industries, including aerospace, energy, communications, and pharmaceuticals. He has first-chaired trials in federal and state courts across the country.
Stephen (Steve) Wood is the head of the firm’s litigation practice. He focuses primarily on commercial litigation involving a wide …
Dr. Stomberg heads the Life Sciences Practice at Bates White. He is an economic and statistical expert who specializes in using quantitative analysis to provide unique insights and clear, concise narratives for his clients. He has extensive experience with False Claims Act, Anti-Kickback Statue, fraud, consumer protection, antitrust, and intellectual property litigation. Throughout his career, clients have called on Dr. Stomberg for his expertise in statistical and econometric methods in a variety of contexts, such as assessing issues of class certification, liability, and damages in litigation, as well as evaluating statistical models and sampling projections. Dr. Stomberg is a recognized expert in pharmaceutical pricing and reimbursement issues and regularly publishes on regulatory and policy issues.
Dr. Stomberg heads the Life Sciences Practice at Bates White. He is an economic and statistical expert who specializes in …
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NASBA Field of Study:
Business Law - Technical
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About Dickinson Wright PLLC
Dickinson Wright PLLC is a general practice business law firm with more than 450 attorneys among more than 40 practice areas and 16 industry groups. Headquartered in Detroit and founded in 1878, the firm has 17 offices in Michigan, Arizona, Florida, Kentucky, Nevada, Ohio, Tennessee, Texas, Washington, DC and Toronto. Dickinson Wright offers our clients a distinctive combination of superb client service, exceptional quality, value for fees, industry expertise and business acumen. As one of the few law firms with ISO/IEC 27001:2013 certification, Dickinson Wright has built state-of-the-art, independently-verified risk management controls and security processes for our commercial transactions.
About Chuhak & Tecson, P.C.
Chuhak & Tecson, P.C. was founded 30 years ago with the intent of providing clients with both exceptional service and value. These fundamental principles have animated and invigorated the culture of our firm ever since. Today, we pride ourselves on delivering service that is second to none, whether in the area of dispute resolution, estate planning, general business advice, or corporate transactions, among others. And we never lose sight of the need to craft solutions within the financial expectations of our clients. These are the keys to our past growth, and, we believe, continuing success.
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.