10th Annual Advanced Forum on False Claims and Qui Tam Enforcement - DS

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DISTINGUISHED CO-CHAIRS: HEAR DIRECTLY FROM GOVERNMENT ENFORCERS:

Partner Alston & Bird LLP

Adam Tarosky Partner - Leader, False Claims Act Team Nixon Peabody LLP

Thomas Morris

Senior Trial Counsel U.S. Department of Justice, Civil Fraud Section

Juan Antonio Gonzalez

United States Attorney U.S. Attorney’s Office, Southern District of Florida Head of COVID-19 Fraud Strike Force Team Against Pandemic Relief Fraud

Colleen Kennedy

Assistant U.S. Attorney U.S. Attorney’s Office, Eastern District of California

Darrell C. Valdez

ACE and Health Care Fraud Coordinator, Assistant U.S. Attorney U.S. Attorney’s Office, District of Columbia

Matthew Feeley Deputy Chief, Civil Division, Healthcare Fraud Unit U.S. Attorney’s Office, Southern District of Florida

Zachary Cunha

United States Attorney U.S. Attorney’s Office, District of Rhode Island

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Assistant U.S. Attorney, Criminal Division U.S. Attorney’s Office, Eastern District of New York

Special Inspector General for Pandemic Recovery U.S. Department of Treasury

Charlene Keller Fullmer

Assistant U.S. Attorney Deputy Chief, Civil Division

U.S. Attorney’s Office, Eastern District of Pennsylvania

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False Claims
Qui
EARN CLE/ETHICS CREDITS January 23 – 24, 2023 | The Westin New York Times Square, New York, NY Meet leading industry decision-makers from: ĉ Lockheed Martin Corporation ĉ Bristol-Myers Squibb ĉ Cook Medical ĉ General Electric ĉ Sage Therapeutics ĉ BAE Systems ĉ Northwell Health ĉ Pfizer ĉ U.S. Bancorp
Forum on
Tam Enforcement
Joseph “Jody” Hunt ohn Vagelatos Brian Miller
SUPPORTING SPONSORS: LUNCHEON
ASSOCIATE
SPONSOR: Er
ica Blachman Hitchings
Member Whistleblower Law Collaborative LLC
SPONSORS:

In the wake of last year’s record-breaking $5.6 billion in final FCA judgments and settlements, DOJ’s enforcement activity in 2022 continues to outpace even that of 2021.

The DOJ continues to ramp up its investigations of pandemic-related fraud, as well as its enforcement efforts against Medicare Advantage organizations and the telehealth industry. We are also seeing the first DOJ cybersecurity fraud actions being brought under the FCA – signaling that more of these cases will be on the horizon, in addition to rising FCA enforcement against private equity firms based on the conduct of their portfolio companies.

By all accounts, these latest trends communicate sustained and aggressive enforcement efforts by the government and qui tam relators alike.

Join us live and in-person in NYC for ACI’s 10th Advanced Forum on False Claims and Qui Tam Enforcement and hear directly from government enforcers, cross-industry compliance and investigations counsel, and leading attorneys from the defense and relators’ bar about what you can do to prepare now for the next wave of FCA enforcement and stay out of the government’s crosshairs.

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DOJ False Claims Act Recoveries in 2021 203 Non qui tam suits initiated by DOJ Gavel 598 Whistleblower qui tam suits filed in 2021 WHISTLE $5.6B Recovered due to False Claims Act lawsuits balance-scale $5B Recovered from healthcare and life sciences alone Repeat-alt $ FCA RECOVERIES BY SECTOR BY DOLLARS RECOVERED 6000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 5000 4000 3000 2000 1000 In Millions square Other square Dep’t of Defense square Health & Human Serv. Hundreds of millions of dollars in government recoveries. The creation of Covid-19 Fraud Strike Force Teams. An anticipated blockbuster Supreme Court term. Potential Congressional legislation which could have broad implications for FCA enforcement.
of this, and more, has marked the False Claims Act landscape for 2022.
All

Co-Chairs

Joseph “Jody” Hunt

Partner

Alston & Bird LLP (Former Assistant Attorney General, United States Department of Justice)

Government Representatives

Zachary Cunha

U.S. Attorney

U.S. Attorney’s Office, District of Rhode Island

Matthew Feeley

Deputy Chief, Civil Division, Healthcare Fraud Unit U.S. Attorney’s Office, Southern District of Florida

Michael Galdo

Deputy Director of COVID-19 Fraud Enforcement, Office of the Deputy Attorney General U.S. Department of Justice

Esteemed Speakers

Juan Antonio Gonzalez

United States Attorney U.S. Attorney’s Office, Southern District of Florida (Head of COVID-19 Fraud Strike Force Team Against Pandemic Relief Fraud)

Michael Granston

Deputy Assistant Attorney General, Civil Division U.S. Department of Justice

Charlene Keller Fullmer

Assistant U.S. Attorney Deputy Chief, Civil Division U.S. Attorney’s Office, Eastern District of Pennsylvania

Erica Blachman Hitchings Member

Whistleblower Law Collaborative LLC (Former Assistant U.S. Attorney, N.D. California; and Former Trial Attorney, U.S. Department of Justice, Civil Fraud Section)

Richard Hayes

Deputy Chief, Civil Division U.S. Attorney’s Office, Eastern District of New York

Colleen Kennedy

Assistant U.S. Attorney U.S. Attorney’s Office, Eastern District of California

Kevin Lownds

Assistant Attorney General Massachusetts Attorney General’s Office

Brian Miller

Special Inspector General for Pandemic Recovery U.S. Department of Treasury

Jay Dewald Partner

Norton Rose Fulbright US LLP

Kate Driscoll

Of Counsel

Morrison & Foerster LLP

Alice M. Eldridge SVP & General Counsel

BAE Systems, Inc.

Gustav (Gus) Eyler Partner

Gibson, Dunn & Crutcher LLP

Former Director of U.S. DOJ Consumer Protection Branch

Kevin Gingras

Vice President & Associate General Counsel Litigation & Compliance

Lockheed Martin Corporation

Patrick Hagan Partner

Dinsmore & Shohl

Douglas Hallward-Driemeier Partner

Ropes & Gray LLP

Joseph “Jody” Hunt Partner

Alston & Bird LLP

Mary Inman Partner

Constantine Cannon

Giselle Joffre Partner Foley Hoag LLP

Paul Kaufman Vice President –Office of Legal Affairs Northwell Health

John Kelly Partner Barnes & Thornburg

John Kokkinen Senior Associate General Counsel Optum

Daryl Kreml

VP & Chief Compliance Officer Sage Therapeutics Inc.

Lisa Kutlin

Senior Compliance Counsel Global Science, Medicine, Manufacturing & North America Investigations Pfizer

Andrew Lelling Partner Jones Day

Andrew Miller Shareholder

Thomas Morris

Senior Trial Counsel U.S. Department of Justice, Civil Fraud Section

Phil Selden

First Assistant United States Attorney U.S. Attorney’s Office, District of Maryland (COVID-19 Fraud Strike Force Team Against Pandemic Relief Fraud)

Adam Tarosky

Partner - Leader, False Claims Act Team Nixon Peabody LLP (Former Trial Attorney, U.S. Department of Justice, Civil Fraud Section)

John Vagelatos

Assistant United States Attorney, Criminal Division U.S. Attorney’s Office, Eastern District of New York

Darrell C. Valdez

ACE and Health Care Fraud

Coordinator Assistant U.S. Attorney U.S. Attorney’s Office, District of Columbia

Kirk Ogrosky Partner Goodwin Procter LLP

Ann Claire H. Phillips Senior Vice President Chief Government Investigations Counsel, Chief Risk Officer, Legal U.S. Bancorp

Michael Podberesky Partner McGuire Woods

Claire Sylvia Partner Phillips & Cohen LLP

Adam Tarosky Partner - Leader, False Claims Act Team Nixon Peabody LLP

Zachary Terwilliger Partner Vinson & Elkins LLP

Roderick L. Thomas Partner

Jaclyn Unis Whittaker Partner Morgan Lewis & Bockius LLP

Jennifer S. Windom Partner

Kramer Levin Naftalis & Frankel LLP

Adam Yoffie Senior Corporate Counsel – Litigation & Government Investigations Bristol-Myers Squibb Company

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ennifer Westerhaus
Cook
hristopher Babbitt Partner WilmerHale Denise Barnes Partner Honigman LLP Maurice Bellan Partner Baker & McKenzie LLP Matthew Benedetto Partner WilmerHale Julie Bracker Partner Bracker & Marcus LLP Justin Chiarodo Partner Blank Rome LLP Christopher Cooke Attorney Norton Rose Fulbright Jacklyn DeMar
Distinguished Faculty J
Adams Global Compliance Counsel
Medical C
Director of Legal Education Taxpayers Against Fraud Education Fund
Baron
Partner
& Budd, P.C. Krysten Rosen Moller
Covington & Burling LLP
Jaime Raich Executive Counsel, Global Investigations General Electric David Rhinesmith Partner Orrick, Herrington & Sutcliffe LLP Alexis Ronickher Partner Katz Banks Kumin Josh Russ Partner Reese Marketos LLP
Caitlyn Silhan Partner Waters Kraus & Paul Eric W. Sitarchuk Partner Morgan Lewis & Bockius LLP
Wiley Rein LLP Mike Wagner Partner Covington & Burling LLP

Main Conference Day One

7:45 Breakfast and Registration

8:45

Opening Remarks from the Co-Chairs

Microphone Joseph “Jody” Hunt, Partner, Alston & Bird LLP (Former Assistant Attorney General, United States Department of Justice)

Adam Tarosky, Partner - Leader, False Claims Act Team, Nixon Peabody LLP (Former Trial Attorney, U.S. Department of Justice, Civil Fraud Section)

Erica Blachman Hitchings, Member, Whistleblower Law Collaborative LLC (Former Assistant U.S. Attorney, N.D. California; and Former Trial Attorney, U.S. Department of Justice, Civil Fraud Section)

9:00

Keynote Interview with the U.S. Department of Justice

Microphone Michael Granston, Deputy Assistant Attorney General, Civil Division, U.S. Department of Justice

2023 Judicial Round-Up: Recent Critical Developments in the Courts Impacting False Claims Act and Qui Tam Litigation

10:45

Part 2: The Federal Courts Divided: Emerging Battles Over “Objective Reasonableness,” Materiality and Causation

Microphone Krysten Rosen Moller, Partner, Covington & Burling LLP

Jacklyn DeMar, Director of Legal Education, Taxpayers Against Fraud Education Fund

Eric W. Sitarchuk, Partner, Ropes & Gray LLP

Christopher Babbitt, Partner, WilmerHale

Scienter and Materiality

• Examining the latest circuit court decisions regarding the scienter standard, in particular the question of “objective reasonableness”

• Identifying what is required for the purposes of pleading the objective reasonableness defense given the current inconsistency in case law

• How are courts defining “authoritative guidance” in cases where it is alleged the defendant was warned against their incorrect interpretation?

• Exploring developing case law on the materiality element post-Escobar and the implications for practitioners

Standard of Causation in FCA/AKS Cases

• Analyzing the implications of the recent 8th Circuit decision in United States ex rel. Cairns v. D.S. Medical LLC (July 26, 2022) and other recent decisions regarding causation in FCA/AKS cases

• Reviewing significant causation defenses this case offers to defendants in FCA cases, as well as its impact on relator and government pleadings

• Incorporating takeaways from this ruling into your future litigation strategies

9:45

Part 1: SCOTUS Watch: The Latest in the Debate Over DOJ’s Dismissal Authority and the Requisite Pleading Standard for False Claims Act Qui Tam Claims

Microphone Darrell C. Valdez, ACE and Health Care Fraud Coordinator, Assistant U.S. Attorney, U.S. Attorney’s Office, District of Columbia

Roderick Thomas, Partner, Wiley Rein LLP

Douglas Hallward-Driemeier, Partner, Ropes & Gray LLP

Claire Sylvia, Partner, Phillips & Cohen LLP

• Analyzing the circuit court split on DOJ’s dismissal authority which led to the U.S. Supreme Court’s grant of certiorari in United States ex rel. Polansky v. Executive Health Resources, Inc.

» Understanding the nuances of the latest federal court rulings and the deepening divide between the circuits

» Mitigating risk while we anticipate the ruling from the Supreme Court

» Strategizing venue selection and pleadings in light of conflicting circuit court case law on government dismissal authority

• Examining the three pending petitions for certiorari seeking Supreme Court clarity on the level of particularity required under Rule 9(b) to plead a claim under the FCA

» Reconciling how practitioners can incorporate takeaways from circuit court rulings into their pleading and litigation strategies

11:45 Morning Coffee Break

12:15

Preparing for the Upsurge in FCA Cybersecurity Enforcement: Cross-Industry Strategies for Mitigating Risk and Staying Out of the Government’s

Cross Hairs

Microphone Colleen Kennedy, Assistant U.S. Attorney, U.S. Attorney’s Office, Eastern District of California

Lisa Kutlin, Senior Compliance Counsel, Global Science, Medicine, Manufacturing & North America Investigations, Pfizer

Mike Wagner, Partner, Covington & Burling LLP

Denise Barnes, Partner, Honigman LLP

David Rhinesmith, Partner, Orrick, Herrington & Sutcliffe LLP

Following the passage of the DOJ’s Cyber Fraud Initiative last year, we have seen significant settlements filed under the False Claims Act levying charges against companies for failure to comply with federal cybersecurity requirements. With companies across every industry on high alert regarding this new area of government scrutiny, this panel will examine topics including:

• Lessons learned from recent DOJ cybersecurity settlements with Comprehensive Health Services (March 2022) and Aerojet Rocketdyne (July 2022) under the False Claims Act

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MONDAY, JANUARY 23, 2023 UNIVERSITY

• Anticipating the direction of future FCA cybersecurity enforcement

• Quantifying how egregious conduct has to be for DOJ to target you

• How can companies mitigate the risk of liability under the FCA and better prepare for and respond to cybersecurity-related whistleblower complaints in general?

• Examining cybersecurity scenarios that could potentially lead to False Claims Act recoveries:

» Takeaways from cases that have resolved before and after the Cyber Fraud Initiative began

• Pitfalls that contractors should avoid when reviewing information they provide to the government

1:15 Networking Luncheon

2:15

The Current Outlook for Pandemic Fraud Enforcement Activity: Where Are We Now and What Does the Future Hold?

Fireside Chat: Enforcement Priorities for Main Justice

Microphone Michael Galdo, Deputy Director of COVID-19 Fraud Enforcement, Office of the Deputy Attorney General, U.S. Department of Justice

Interviewed by: Brian Miller, Special Inspector General for Pandemic Recovery, U.S. Department of the Treasury

U.S. Attorney Enforcement Outlook

Microphone Juan Antonio Gonzalez, United States Attorney, U.S. Attorney’s Office, Southern District of Florida (Head of COVID-19 Fraud Strike Force Team Against Pandemic Relief Fraud)

Phil Selden, First Assistant United States Attorney, U.S. Attorney’s Office, District of Maryland (COVID-19 Fraud Strike Force Team Against Pandemic Relief Fraud)

Zachary Cunha, United States Attorney, U.S. Attorney’s Office, District of Rhode Island

Moderator: Christopher Cooke, Attorney, Norton Rose Fulbright

Since the start of the Covid-19 pandemic, DOJ has seized over $1.2 billion in fraudulently stolen relief funds – but their efforts are far from over. The government’s endeavors to pursue pandemic fraud through the FCA is certain to persist for years to come, with each new phase of the pandemic offering new opportunities for alleged fraud and abuse.

In this government-led roundtable, key enforcers will share insights on topics including:

• The emerging areas of fraud risk on the government’s radar as we are coming out of the pandemic

• What the recently established DOJ “Covid-19 Fraud Strike Force Teams” will be doing in the future to deter, detect and disrupt pandemic fraud

• Learning how DOJ and other government agencies approach collaboration in pandemic fraud recovery

• An examination of DOJ’s recent (first-ever) FCA settlement with a Paycheck Protection Program lender

» What are the implications for future FCA enforcement actions against PPP lenders?

» What takeaways from this settlement can financial institutions apply to their future compliance programs?

3:30

Investors Beware: Examining the Rise in FCA Enforcement Against Private Equity Firms Based on Their Portfolio Companies’ Conduct

Microphone Andrew Lelling, Partner, Jones Day, Former U.S. Attorney, District of Massachusetts

Michael J. Podberesky, Partner, McGuireWoods LLP

Caitlyn Silhan, Partner, Waters Kraus & Paul

Kevin Lownds, Assistant Attorney General, Massachusetts Attorney General’s Office

Jay Dewald, Partner, Norton Rose Fulbright US LLP

Two years ago, DOJ announced that they would be ramping up enforcement of the False Claims Act against private equity firms based on the conduct of their portfolio companies. DOJ’s focus is only increasing as we near the end of 2022. In this session featuring insights from government and both defense and relators counsel, topics of discussion will include:

• Analyzing types of portfolio companies and industries most highly scrutinized by DOJ

• Examining recent cases where private equity firms faced FCA exposure for their portfolio companies’ conduct

» What are the key takeaways?

• How are private equity companies adjusting their due diligence approach based on this new focus from DOJ?

• What should PE companies do at the time of acquisition and afterwards to avoid FCA exposure?

4:30 Afternoon Break

4:45

AUDIENCE POLLING

“What Would You Do If…?” Seasoned FCA Practitioners Share Strategies for Cases Involving a Whistleblower who is a Current or Former Employee

Microphone Alice M. Eldridge, SVP & General Counsel, BAE Systems, Inc.

Patrick Hagan, Partner, Dinsmore & Shohl

This panel will lead a polling exercise of “what would you do” to test your understanding of what is needed to protect a company when a whistleblower reports an FCA violation. Using complex real-world scenarios, the panelists will share lessons on how to best proceed, including different approaches when the whistleblower is a current employee vs. a former employee. Topics to be examined include:

• Essential steps that should be taken when a company becomes aware of a whistleblower report of an FCA violation

• Establishing policies to protect company documents

• Retaliation claims – what leads relators to bring them, and how companies can minimize liability risk through exit interviews and general releases

• Understanding the benefits and risks of monitoring communication throughout the company

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The Growing Role of Data Analytics in Prosecuting Fraud: Understanding How FCA Defendants Can Invalidate Claims Based on Statistical Sampling

The government is increasingly relying on sophisticated data analytics tools to identify and investigate fraud schemes under the FCA. However, defendants can arm themselves with the tools to ward off potential liability if they understand how to successfully challenge the statistical sampling and extrapolation processes at play. In this session, topics of discussion will include:

• How relators, the DOJ and other agencies are conducting data analysis to extrapolate potential FCA liability and to calculate damages

• Examining recent cases where an FCA defendant has successfully challenged the use of data mining, statistical sampling and extrapolation as “improper”

• What can an FCA defendant argue to prevent a relator from getting past the pleading stage when the claim is based on data analytics?

6:15 Conference Adjourns – Champagne Roundtables

7:45 Registration & Continental Breakfast 8:45

Co-Chairs’ Welcome Back 9:00

Cross-Industry In-House Counsel Think Tank: Implementing Internal Due Diligence

Measures and Compliance Strategies to Mitigate FCA Risk

Microphone Kevin Gingras, Vice President & Associate General Counsel, Litigation & Compliance, Lockheed Martin Corporation

Jennifer Westerhaus Adams, Global Compliance Counsel Cook Medical

Ann Claire H. Phillips, Senior Vice President, Chief Government Investigations Counsel | Chief Risk Officer, Legal, U.S. Bancorp

Daryl Kreml, VP & Chief Compliance Officer, Sage Therapeutics Inc.

Moderator: John Kelly, Partner, Barnes & Thornburg LLP

As FCA lawsuits are increasing across various industries, a strong internal compliance program has become more and more valuable. By implementing effective internal due diligence and compliance measures, a company can help prevent violations and FCA lawsuits, limit potential damages if a lawsuit is filed, and serve as an equitable factor in a company’s favor in the eyes of the government and the Court. This panel of inhouse counsel will share valuable insights on:

• Executing effective due diligence measures to avoid FCA investigations and litigation

• Building a strong internal compliance program to limit FCA risks

• Identifying and implementing written procedures, policies, and standards of conduct

• Classifying the essential team members and deciding who sits on the compliance committee

• Delivering regular notifications and trainings for employees

• Conducting internal investigations and audits

• Formalizing requirements that business partners, agents, vendors, distributors, contractors, and potential acquisition targets abide by the same compliance standards as the company

• Establishing operative lines of communication with the government

• Instituting standard operating procedures for how to respond if an employee suspects false information has been submitted to the government

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5:30
Main Conference Day Two TUESDAY, JANUARY 24, 2023
MEDIA PARTNERS:

FCA Spotlight on the Healthcare and Life Sciences Industries

10:00

Telehealth Fraud: The Next Frontier in FCA and Qui Tam Enforcement?

Microphone Matthew Feeley, Deputy Chief, Civil Division, Healthcare Fraud Unit, U.S. Attorney’s Office, Southern District of Florida

Adam Yoffie, Senior Corporate Counsel - Litigation & Government Investigations, Bristol-Myers Squibb Company

Kate Driscoll, Of Counsel, Morrison & Foerster LLP

Government enforcement authorities have recently taken notice of the expansion in telemedicine services and have fortified their enforcement efforts in both the criminal and civil False Claims Act arenas. Against this backdrop, on July 20, 2022, HHS-OIG issued a Special Fraud Alert advising caution when entering into certain types of telehealth arrangements, suggesting an imminent increase in enforcement activity in this space. This panel will closely examine topics including:

• The specific arrangements and activities that the OIG shines a spotlight on in their Special Fraud Alert

• Takeaways from the recent criminal charges and FCA civil settlements arising from the abuse of special telehealth billing rules

• How providers and telemedicine companies should be evaluating their current compliance programs, billing practices, accuracy of their documentation and third-party relationships to best avoid scrutiny and targeting by federal enforcement agencies

10:45 Morning Coffee Break

11:15

Focus on FCA Enforcement Involving Medicare Advantage Plans and the AntiKickback Statute

Microphone Thomas Morris, Senior Trial Counsel, Civil Fraud Section, U.S. Department of Justice

Mary Inman, Partner, Constantine Cannon

John Kokkinen, Senior Associate General Counsel, Optum

Jaclyn Unis Whittaker, Partner, Morgan Lewis & Bockius LLP

• Analyzing the latest DOJ investigations, enforcement activity and settlements involving Medicare Advantage plans in connection to:

» Offering kickbacks to healthcare professionals

» Risk adjustment fraud

» Inaccuracy of star rating data

» Inappropriate restriction of beneficiary access to medically necessary care

» Submitting inaccurate information about the health status of MA plan beneficiaries

• Examining the theories of liability that formed the basis of the most recent settlements in the Medicare Advantage space – what are the key takeaways from recent settlements?

• What does the most recent activity project about anticipated future FCA enforcement in the MA space?

• Assessing the impact of OIG’s revisions to the AKS regulations on recent false claims activity

• Lessons learned from important FCA AKS cases in the last year

12:15 Networking Luncheon for Speakers and Delegates

1:15

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Focus on the Relator’s Bar: Understanding the Relationship Between Relators and the Government and Developments in the Relator’s Bar

Microphone Josh Russ, Partner, Reese Marketos LLP

(Former Assistant United States Attorney, Eastern District of Texas)

Andrew Miller, Shareholder, Baron & Budd, P.C.

Interviewed by: Erica Blachman Hitchings, Member, Whistleblower Law Collaborative

• Understanding the public-private partnership & how relators and the government often combine their efforts to achieve faster and better results

• The Intervention Decision: What does it mean for the case?

• Is there a rise in declined litigation? What factors must a relator consider when making the decision? Can declined cases be successful?

• What trends have relator’s counsel noticed in how FCA matters are being defended?

• What should defense counsel know about today’s relator counsel practice?

2:15

Let’s Talk Parallel Proceedings: Navigating the Challenges That Arise When Civil and Criminal FCA Allegations Converge

Microphone Charlene Keller Fullmer, Assistant U.S. Attorney, Deputy Chief, Civil Division, U.S. Attorney’s Office, Eastern District of Pennsylvania

John Vagelatos, Assistant United States Attorney, Criminal Division U.S. Attorney’s Office, Eastern District of New York

Giselle J. Joffre, Partner, Co-Chair, White Collar Crime & Government Investigations Practice, Foley Hoag LLP

Maurice Bellan, Partner, Baker & McKenzie LLP

Moderator: Gustav (Gus) Eyler, Partner, Gibson, Dunn & Crutcher LLP

Former Director of U.S. DOJ Consumer Protection Branch

• Key considerations for navigating parallel civil and criminal False Claims Act proceedings

• Strategic maneuvers for handling parallel investigations

• Tackling defensive complications that can arise during discovery and litigation when civil and criminal FCA claims are moving in tandem

• Addressing challenges that occur when the government and defendants’ interests overlap and diverge

• How can practitioners use the parallel litigation offensively?

• Tactics for using the friction of both cases to achieve the best possible terms

3:15 Afternoon Break

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4:30

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SETTLEMENT CASE STUDY: Strategies for Negotiating a Favorable FCA Settlement

Microphone Laura Abrahamson, Mediator, Arbitrator and Referee/Special Master, JAMS (Former SVP, Deputy GC, Head of Litigation at AECOM)

Paul Kaufman, Vice President - Office of Legal Affairs, Northwell Health

Julie Bracker, Partner, Bracker & Marcus LLP

Richard Hayes, Deputy Chief, Civil Division, U.S. Attorney’s Office, Eastern District of New York

Most intervened False Claims Act cases, and an increasing number of non-intervened cases, are ultimately resolved through negotiated settlements. This panel will highlight strategies employed by defense and relator’s counsel to obtain favorable settlements in both intervened and non-intervened FCA cases, including:

• Strategizing the timing of discussions

• Whether and when to include the relator’s counsel in intervened cases, or government counsel in nonintervened cases

• Assessing damages, multipliers, and civil penalties

• How to address ancillary issues such as suspension/debarment, the relator’s attorneys’ fees, and any whistleblower retaliation claims.

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

ACI certifies this activity has been approved for CLE credit by the State Bar of California.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

Questions about CLE credits for your state? Visit our online CLE Help Center at www.americanconference.com/accreditation/cle/

ETHICS:

E-Discovery and Privilege in Practice During FCA-Related Internal and External Investigations

Microphone Jaime Raich, Executive Counsel, Global Investigations, GE

Justin Chiarodo, Partner, Blank Rome LLP

Zachary Terwilliger, Partner, Vinson & Elkins LLP

• Gaining clarity on the DOJ’s expectations with regard to privilege and e-discovery during FCA investigations

• Examining the pros and cons of making conservative privilege decisions during investigations

• Can you worsen your FCA liability by being either too conservative or too open?

• Does the potential for relator involvement impact privilege considerations?

• How do you build credibility with DOJ through e-discovery production while avoiding ethical privilege violations?

• Assessing best practices for dealing with e-discovery and smart phones, Teams chats, share files, etc.

• Have pandemic-era work practices changed communication format and/or regulator expectations for production?

• Understanding how to assert privilege under the governing rules

5:30

Conference Concludes

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Hotel: The Westin New York Times Square

Address: 270 West 43rd Street, New York, NY 10036

Reservations: 1-800-937-8461 or 212-201-2700

American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote “ACI’s False Claims and Qui Tam”.

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Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.