Description
Receive rare and unique insight on how to navigate a False Claims Act investigation today’s regulatory enforcement environment.Since 2016, courts and government contractors have grappled with the implications of the U.S. Supreme Court’s decision in Universal Health Services, Inc. United States ex rel. Escobar regarding the interpretation of the False Claims Act (FCA). Simultaneously, the Department of Justice has released several different, sometimes contradictory memoranda regarding the enforcement of the FCA, while continuing to collect billions of dollars each year from settlements with government contractors who violate the FCA. This topic will clarify and describe the state of the False Claims Act, using recent cases to help you understand how each element of the FCA is being interpreted, and explore trends in FCA enforcement, unpacking the Department of Justice’s correspondence to help government contractors remain vigilant against FCA violations and understand the potential impact of a new Attorney General on FCA prosecution. This information is critical for attorneys who work with clients who are currently government contractors and are interested in continuing to contract with the government.
Date: 2019-06-25 Start Time: End Time:
Learning Objectives
Overview of the False Claims Act
• Overview of the FCA, Including Its Elements and Penalties
• Understanding the Role of Qui Tam Plaintiffs/Whistle-Blowers
• Summary of FCA Penalties/Settlements in FY 2018, Including Notable Settlements
Understanding the FCA in the Wake of Escobar
• Overview of Implied Certification and What Escobar Attempted to Resolve
• Escobar’s Two-Part Test and Its Impact on the FCA Elements
• Cases Following Escobar and Interpretations of the Materiality Standard
• The DOJ’s May 2019 Mandatory Guidelines for Disclosure, Cooperation, and Remediation in FCA Matters
Trends in FCA Enforcement
• The Granston Memo
• Implications of AG Barr’s History With Whistle-Blower Cases
• The DOJ’s New Policy Initiatives
• The DOJ’s May 2019 Mandatory Guidance
Recent Cases Clarifying the FCA Elements
• Statute of Limitations: Cochise Consultancy, Inc. v. United States
• Recent Developments in the FCA Element of Falsity:
• United States Ex Rel. Polukoff v. St. Mark’s Hospital
• United States Ex Rel. Berg v. Honeywell International, Inc.
• Recent Developments in the FCA Element of Particularity: Carrell v. Aids Healthcare Foundation, Inc., 898 F.3D 1267 (11Th Cir. 2018)
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Jessica Sharron-Alston & Bird LLP, Breana Ware – Alston & Bird LLP
