Description
Learn key points to consider when faced with defending a qui tam lawsuit.False Claims Act lawsuits filed and pursued by qui tam relators continue unabated, with new qui tam matters averaging more than 700 per year. These lawsuits are brought against defendants across all industries that involve government money, from health care and defense to the education, financial, and technology industries. Even after a government investigation and decision not to intervene, qui tam relators often doggedly pursue FCA claims in anticipation of a relator’s share of the recovery (or settlement). This course will flag key considerations for defendants across all industries when faced with defending a qui tam lawsuit. In particular, this material will explain the current state of the law with respect to key FCA defenses, including those uniquely applicable to qui tam lawsuits, and describe how defendants can successfully position themselves for dispositive motions, discovery, and potential resolution.
Date: 2022-08-31 Start Time: End Time:
Learning Objectives
Introduction and Overview
Successful Early Dispositive Motions
• Rule 9(b) and the Circuit Split
• Current Landscape
• Cert Petitions
• Bars to Relator-Driven FCA Actions
• Waning Jurisdictional Nature
• Addressing the Prospect of Government Opposition to the Public Disclosure Bar
• Identifying Application of Other Bars
• Motions to Stay or Bi-Furcate Discovery
Successful Discovery
• Unique Defensive Discovery Issues
• Document Preservation Considerations
• Protecting Investigation Materials
• Unique Offensive Discovery Issues
• Navigating Joint Prosecutorial Privilege
• Navigating Current-Employee Relators
• Obtaining Discovery From the Government
• The Post-Escobar Importance of Agency Discovery
• Potential Impact of Proposed FCA Amendments
• Party Status, Touhy Requests, and Rule 45 Subpoenas
Other Successful Defenses
• Scienter • Reasonable Interpretations of Ambiguous Regulations
• Current Landscape
• On the Horizon
• Expert Issues
• Identifying the Right Expert
• Falsity, Scienter, and Battle of the Experts Situations
• Causation and Damages
Settlement Considerations
• Timing Considerations
• Involvement of DOJ
• Special Issues
• Relators Share
• Attorneys Fees
• Tax Considerations
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,NALA ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Ryan P. McCarthy-Morgan Lewis & Bockius LLP, Neaha P. Raol – Morgan, Lewis & Bockius LLP, Kayla Stachniak Kaplan – Morgan, Lewis & Bockius LLP
