Advanced National Forum on

False Claims Act Enforcement & Litigation

Practical Strategies for Bringing and Defending Qui Tam and FCA Cases

Thursday, June 16, 2005

About

In a complex litigation arena-with new exposures, stepped-up enforcement and triple damages-can you afford not to be completely up to speed?

The False Claims Act continues to generate large financial awards and settlements and great consternation for those in the healthcare, pharma and defense contract industries. Since the Act was revised and expanded almost 20 years ago, over $8 billion has been recovered, and new actions, areas of exposure, and reports of enormous damage awards appear regularly in the news. And although healthcare has been most strongly in the sights in the past few years, the defense industry is definitely back on the radar and in the news again, and it's likely we will only see fraud allegations increase as defense spending is stepped up in the war on terrorism.

As quickly as new exposures develop and new waves of suits are launched, defense counsel need to work fast to devise new defenses against the latest crop of FCA allegations. It may be easier than you think to find your organization or your client facing allegations that a false statement was made or a false claim submitted.

In response, American Conference Institute has developed a publication from the National Forum on False Claims Act Enforcement and Litigation. You will obtain up-to-the-minute information and practical techniques from seasoned practitioners with plenty of hands-on experience, so you'll have what you need to represent your clients most effectively. Topics included in the publication are:

  • What's happening across the enforcement spectrum, including where the greatest exposures are now
  • Implications of overlap between government investigations and qui tam cases
  • Practical strategies for using motions, discovery and pre-trial procedure to win the FCA case
  • Understanding the thorny privilege, ethics and communications issues in qui tam and FCA cases

Contents & Contributors

About

In a complex litigation arena-with new exposures, stepped-up enforcement and triple damages-can you afford not to be completely up to speed?

The False Claims Act continues to generate large financial awards and settlements and great consternation for those in the healthcare, pharma and defense contract industries. Since the Act was revised and expanded almost 20 years ago, over $8 billion has been recovered, and new actions, areas of exposure, and reports of enormous damage awards appear regularly in the news. And although healthcare has been most strongly in the sights in the past few years, the defense industry is definitely back on the radar and in the news again, and it's likely we will only see fraud allegations increase as defense spending is stepped up in the war on terrorism.

As quickly as new exposures develop and new waves of suits are launched, defense counsel need to work fast to devise new defenses against the latest crop of FCA allegations. It may be easier than you think to find your organization or your client facing allegations that a false statement was made or a false claim submitted.

In response, American Conference Institute has developed a publication from the National Forum on False Claims Act Enforcement and Litigation. You will obtain up-to-the-minute information and practical techniques from seasoned practitioners with plenty of hands-on experience, so you'll have what you need to represent your clients most effectively. Topics included in the publication are:

  • What's happening across the enforcement spectrum, including where the greatest exposures are now
  • Implications of overlap between government investigations and qui tam cases
  • Practical strategies for using motions, discovery and pre-trial procedure to win the FCA case
  • Understanding the thorny privilege, ethics and communications issues in qui tam and FCA cases

Contents & Contributors


BECAUSE OF": FCA DAMAGES AND PENALTIES
Brian C. Elmer, Crowell & Moring LLP
Andy Liu, Crowell & Moring LLP

KEEPING YOUR PINSTRIPES VERTICAL: WHISTLEBLOWING AND THE CORPORATE EXECUTIVE
Lesley Ann Skillen, Getnick & Getnick

ARGUMENTS AND KEY CONSIDERATIONS IN THE GOVERNMENT INTERVENTION DECISION
Mitchell J. Lazris, Hogan & Hartson LLP

PUBLIC DISCLOSURE: SORTING THROUGH THE QUAGMIRE
David M. Laigaie, Dilworth Paxson, LLP

AND YOU THOUGHT IT WAS COMPLEX BEFORE: THE PUBLIC DISCLOSURE BAR UNDER FEDERAL AND CALIFORNIA FALSE CLAIMS ACTS
Roger Goldman, Latham & Watkins LLP
Joshua Holian, Latham & Watkins LLP

Jeannie Lee, Latham & Watkins LLP CONTRACTING THE CALIFORNIA AND FEDERAL FALSE CLAIMS ACTS
Jan Zabriskie, Office of California Attorney General

EMERGING STATE FALSE CLAIMS ACTS & QUI TAM ENFORCEMENT
Marc S. Raspanti, Miller, Alfano & Raspanti, PC

FEDERAL, STATE AND LOCAL FALSE CLAIMS ACT ACTIONS: AN OVERVIEW
Joseph F. Savage, Jr., Goodwin & Procter

QUI TAM: FUNDAMENTALS AND PRACTICALITIES
Neil V. Getnick, Getnick & Getnick
Leslie Ann Skillen, Getnick & Getnick

OVERVIEW OF DAMAGES UNDER THE FALSE CLAIMS ACT
Paul D. Scott, The Law Offices of Paul D. Scott



DOCUMENT TYPES: PRESENTATIONS AVAILABLE: 0