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Since January 2009, the Department of Justice has pulled in more than $13 billion in False Claims Act recoveries and there is no indication the Department will slow enforcement actions any time soon. In recent remarks, Tony West, the acting associate attorney general of the DOJ, told reporters that "the False Claims Act is, quite simply, the most powerful tool that we have to deter and redress fraud.” In 2013, we can likely expect new and expanded DOJ enforcement actions seeking stiff penalties and possible suspension and debarments for firms doing business with the federal government. It is essential for companies to not only understand the False Claims Act, but to be current on the latest enforcement and compliance trends and developments to avoid potential pitfalls and mitigate risk.

A panel of distinguished thought leaders and key regulator/s assembled by The Knowledge Group will chair an interactive webcast, addressing the most significant enforcement and compliance issues, including:

Join us for this two-hour LIVE webcast and get a chance to ask the speakers your questions, LIVE!

Course Level: Intermediate
Prerequisite: None
Method Of Presentation: Group-Based-Internet
Developer: The Knowledge Group, LLC
Recommended CLE/CPE Hours: 1.75 - 2.0
Advance Preparation: Print and review course materials
Course Code: 124400
Recording Fee: $299 (Please click here for details)

 

Featured Speakers for False Claims Act: Enforcement and Compliance Issues Explored LIVE Webcast :


Agenda  (click here to view more)


Laura F. Laemmle-Weidenfeld, Partner,
Patton Boggs LLP

  • 1. Elements and background of FCA, including 2009 and 2010 amendments
  • 2. Recent trends under the FCA in health care cases:
    • o Subindustry areas of focus (home health, long-term care, hospitals, pharma, devices)
    • o Financial relationship cases (AKS, Stark)
    • o Worthless services cases
    • o Medical necessity cases
  • 3. Self-disclosures and the FCA:
    • o whether, when and how to self-disclose
    • o potential impact under FCA
  • 4. Calculating damages under the FCA


Andrew W. Schilling , Partner ,
BuckleySandler LLP

  • 1. Enforcement Trend: DOJ Increasingly Applying FCA to Financial Fraud
  • 2. Enforcement of the FCA Against Mortgage Lenders
    • o How the FCA Applies to Mortgage Lending
    • o Brief Review of Recent Cases & Settlements
  • 3. The Impact of the 2009 Amendments to the FCA (FERA) on Financial Fraud Cases
    • o Expansion of FCA and Implications for Conventional Loan Sales to GSEs
    • o Broadened Use of Civil Investigative Demands
  • 4. What to Expect Going Forward


Douglas W. Baruch, Partner,
Fried, Frank, Harris, Shriver & Jacobson LLP

  • 1. The latest Justice Department statistics on FCA recoveries show the expanded use and reach of the False Claims Act as the preeminent civil fraud enforcement tool.
  • 2. Recent trends show the Justice Department becoming more aggressive in affirmative FCA cases, particularly in the federally insured mortgage fraud cases, plus their renewed focus on FIRREA for cases involving federally insured financial institutions.
  • 3. How the Wartime Suspension of Limitations Act may render the FCA statute of limitations obsolete.
  • 4. The Justice Department’s expanded use of the broadened Civil Investigative Demand authority.


David Stone, Managing Partner,
Stone & Magnanini

  • 1. The increase in health care cases following the 1986 amendments to the False Claims Act.
  • 2. The amount of health care recoveries for off-label marketing claims.
  • 3. The statutes and regulations that are violated by off-label marketing.
  • 4. The conduct of pharmaceutical companies, drug representatives, physicians, and pharmacies that lead to off-label marketing claims.
  • 5. The government’s legal theory of an off-label marketing claim.
  • 6. The illegal action in an off-label marketing claim: prescription vs. marketing.
  • 7. Kickbacks in an off-label marketing claim.
  • 8. The holding of United States v. Coronia.
  • 9. Implications of United States v. Coronia: speech alone is not evidence of misbranding.
  • 10. Proving an off-label marketing claim post-United States v. Coronia.


Jim (James S.) Thiel, Chief Legal Counsel,
State of Wisconsin Department of Transportation

  • 1. FALSE CLAIMS AND PUBLIC WORKS CONTRACTING
  • 2. EXTENT/EFFECTIVENESS OF STATE AND LOCAL FALSE CLAIMS ACTS
  • 3. LESSONS FROM LEADING RECENT CASES
  • 4. PUBLIC TRANSPORTATION CONTRACTING IN PARTICULAR- HIGHWAY, AIRPORT, TRANSIT
  • 5. PREVALENCE OF OTHER GOVERNMENTAL REMEDIES RELATED TO TRANSPORTATION CONTRACTING
    • A. ADMINISTRATIVE
      • a. DEBARMENTS/SUSPENSIONS -- FEDERAL/STATE
      • b. CONSEQUENCES -- WHY EFFECTIVE
    • B. CIVIL
    • C. CRIMINAL
  • 6. RECURRING PROBLEMS
    • A. STRUCTURE OF FEDERAL TRANSPORTATION FUNDING RELATIONS
    • B. SUBCONTRACTORS/SUPPLIERS
    • C. INFLATED CLAIMS/FALSE CERTIFICATIONS
    • D. UNIQUE TO TRANSPORTATION CONTRACTING?
      • a. DBE/MBE/WBE ISSUES
      • b. BUY AMERICA/AMERICAN
      • c. STATE/LOCAL GOVERNMENT LIABILITY FOR FALSE CLAIMS?


Patton Boggs LLP
Laura F. Laemmle-Weidenfeld
Partner
speaker bio »»

BuckleySandler LLP
Andrew W. Schilling
Partner
speaker bio »»

Fried, Frank, Harris, Shriver & Jacobson LLP
Douglas W. Baruch
Partner
speaker bio »»

Stone & Magnanini
David Stone
Managing Partner
speaker bio »»

State of Wisconsin Department of Transportation
Jim (James S.) Thiel
Chief Legal Counsel
speaker bio »»



Who Should Attend?

- Attorneys and Consultants who advise clients on FCA related issues
- General Counsel
- Senior Executives
- Risk Executives
- Audit & Compliance Executives from Government Contractors
- And other interested professionals

Why Attend?

This is a must attend event for anyone interested in learning the latest and significant issues on False Claims Act: Enforcement and Compliance Issues.

- New guidance explained by the most qualified key leaders & experts.
- Hear directly from key regulators & thought leaders.
- Interact directly with panel during Q&A.

Click the “Register” button below to enroll in this course. Hurry as space is limited. Significant discounts apply for early registrants.

Registration Information:                                                                                                                                    


(Click here for information on group registrations and discounts)

Disclaimer:
Please note, the event date is firm although it may be subject to change. Please click here for details.
The Knowledge Group, LLC is producing this event for information purposes only. We do not intend to provide or offer business advice. The contents of this event are based upon the opinions of our speakers. The Knowledge Congress does not warrant their accuracy and completeness. The statements made by them are based on their independent opinions and does not necessarily reflect that of The Knowledge Congress' views. In no event shall The Knowledge Congress be liable to any person or business entity for any special, direct, indirect, punitive, incidental or consequential damages as a result of any information gathered from this webcast.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


False Claims Act: Enforcement and Compliance Issues Explored
LIVE Webcast
Agency and Partner Firms:


Patton Boggs LLP

Patton Boggs is a leader in public policy, litigation and business law, and is well known for deep bipartisan roots in the political arena. The firm’s core practice areas are government relations and lobbying, administrative and regulatory, commercial and transactional, litigation and dispute resolution, intellectual property and international law.

From offices in Washington, D.C., New York, New Jersey, Dallas, Denver and Anchorage; and internationally in Doha, Riyadh, and Abu Dhabi, more than 550 lawyers and professionals provide comprehensive, practical and cost-effective legal counsel to clients around the globe. For more information about the firm or its attorneys, visit www.pattonboggs.com.




With over 150 lawyers in Washington, New York, Los Angeles, and Orange County, BuckleySandler provides best-in-class legal counsel to meet the challenges of its financial services industry and other corporate and individual clients across a full range of government enforcement actions, complex and class action litigation, and transactional, regulatory, and public policy issues. The Firm represents many of the nation's leading financial services institutions. "The best at what they do in the country." (Chambers USA).




From offices located in the world's principal financial centers, Fried Frank, Harris, Shriver & Jacobson LLP’s lawyers advise clients in 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 scope. The Firm regularly represents financial industry, defense, health care, and other government contractors in high stakes cases. The Firm’s FCA 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.




Stone & Magnanini LLP is a premiere trial firm with a demonstrated track record of results. Formed by New York and New Jersey top-rated lawyer David Stone, the firm focuses on intellectual property cases and fraud-related litigation, including False Claims Act whistleblower cases. “Whatever the matter, we pride ourselves on our responsiveness and creativity in achieving practical business results for our clients,” notes Stone, who manages the firm. “We view our clients as partners in a joint endeavor, so our ultimate success depends on achieving excellent results for them in both the short- and long-term.”

The firm’s attorneys have worked with clients and the U.S. government to obtain more than $1 billion in revenues, including some of the largest whistleblower recoveries in history. The firm also secured one of the largest intellectual property jury verdicts in New York last year—as voted by the New York Law Journal—in a patent infringement case against a major internet provider.


State of Wisconsin Department of Transportation




 

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Attention New York Attorneys:

This program is approved for CLE credit under New York’s Approved Jurisdiction policy. The Knowledge Group, LLC is an approved sponsor in the state of California, a New York Approved Jurisdiction. This program fulfills the non-traditional format requirement of exceeding 60 minutes in length. Please note only experienced attorneys (more than 2 years) are eligible to receive CLE credit via non-traditional format learning platforms. The Knowledge Group will verify attendance during the webcast via secret words (3 per credit hour) and by auditing attendees log in and log out records. All verification instructions will be provided during the webcast. Once attendance verification requirements have been completed, the attendee will be issued a certificate of attendance be The Knowledge Group for the course with the recommended number of credit hours. The Certificate of Attendance is normally sent via email in 24 hours or less.

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