Registration Begins for the Early Riser

Registration Begins and Breakfast/Coffee is Served for the Main Conference

Co-Chairs’ Opening Remarks

IMPLIED FALSE CERTIFICATION POST-ESCOBAR
The Government, Defense and Relator Bars Assess How Ruling on Implied False Certification in United Health Services v United States ex rel. Escobar Changes the Landscape for Liability Under the FCA

• How are lower courts dealing with implied certification and what ramifications this will have for the Defense Bar’s strategy?
• What should change in the Defense Bar’s advice to clients?
• Relator Bar’s view of how best now to bring Qui Tam provisions
• The changing landscape of how Government will proceed with prosecution

Networking Break

GOVERNMENT PROSECUTORS PANEL
How Government Decides to Litigate and Its Approach to Dealing with an Active Relator Bar

• Criteria for selecting cases: how the Government decides what is meritorious
• How the US Attorney’s Offices interact with Government Agencies
• Government’s current approach to the Mandatory Disclosure Rules

FOCUS ON MATERIALITY
Practical Debate of How Materiality will be Assessed in Cases Going Forward

• What the Defense can take away from the renewed emphasis on materiality requirement in Escobar?
• Government Prosecutors’ view on what is ‘material’?
• To what extent does the heightened materiality requirement open the door to discovery against the Government?
• Wider application of new standards of materiality: to what extent is it limited to implied false certification
• How states will follow and adopt this standard of materiality

Networking Lunch for Speakers and Attendees

IN DEPTH LOOK AT DAMAGES AND LIABILITY
How Statistical Sampling is Going to be Used in Damages Calculations and Determining Liability, and Discussion of Rejection of ‘Actual Loss’ Measure of Damages

• How the Government and Qui Tam plaintiffs are increasingly using statistical sampling and extrapolation to establish liability and damages in FCA cases
• Analysis of United States ex. rel. Michaels v Agape Senior Community; United States ex. rel. Paradies et al. v AseraCare; United States ex rel. Wall v. Vista Hospice Care; and other cases in 2016 which pave the way for clearer guidance on use of statistical sampling
• Strategies for challenging the Government’s (or Qui Tam plaintiffs’) use of statistical sampling in FCA Cases
• Rejection of Government’s damages measure in United States ex. rel. Wall v Circle C Construction: will this limit prosecutors’ power to equate damages to actual loss?

VIEW FROM THE RELATOR BAR
How the Relator Bar Operates: Both With or Without Government Intervention

• When to file: factors to consider when bringing a claim
• Strategies for seeking the Government’s intervention and dealing with Government declination:
  • Presenting a strong case
  • Assisting the Government’s investigation
  • Approach where Government declines and how the Government can help in a declined case (obtaining information and statements of interest/amicus briefs)
• When relators go it alone: why more are pursuing declined cases

Networking Break

INDUSTRY FOCUS ON HEALTHCARE & LIFE SCIENCES
Deep Dive into Healthcare False Claims: Which Areas Are Being Actively Pursued by the Government

• What the recent uptick of enforcement in the Specialty Pharma, Medical Device, Laboratory & Diagnostics and Scientific Grant Funding industries reveals about where companies are most at risk
• Recent developments and trends in enforcement of the Anti- Kickback Statute and how this interfaces with False Claims Act enforcement
• Why fraud under states’ Managed Care Medicaid programs will result in many more FCA cases
• What PBM issues appear to interest Government regulators and enforcers?
• What practical effect will the ruling in Escobar have on healthcare providers’ compliance programs?
• Detailed look into the issue of medical necessity following the decision in US ex rel Paradies v AseraCare Inc that contradiction based on clinical judgment or opinion alone cannot constitute falsity under the FCA

End of Day One

Co-Chairs’ Opening Remarks

FOCUS ON INDIVIDUAL ACCOUNTABILITY
In-Depth Look at Parallel Investigations and Individual Accountability Post Yates memo

• Discussion and analysis on the ongoing impact of the Deputy Attorney General’s September 2015 memo and Criminal Division’s renewed drive to investigate all Qui Tam complaints
• Strategies for navigating parallel criminal and civil proceedings
• What are the privilege concerns that Defense Counsel are facing?
• What should executives be aware of when seeking independent advice
• Focus on investigation of individuals and co-operation credit

INDUSTRY FOCUS ON FINANCIAL SERVICES
SEC Whistleblower Claims: How Financial Firms can Best Manage Potential Relators

• What are the ethical concerns of representing Whistleblowers?
• What is SEC’s approach on employee agreements post-KBR ruling that companies cannot stifle whistleblowers?
• What triggers a claim: differing approach of circuits
• Discussion of the ‘First to File’ Bar
• How to incentivize internal reporting first before Whistleblowers act
• Tips for responsible organizations from relators’ counsel
• The number one factor that leads employees to report externally

Networking Break

IN-HOUSE ROUNDTABLE
How are False Claims Cases Internally Assessed and Best Practices for Managing Internal Investigations

• Business perspectives on internal assessment of cases
• Determining best settlement strategies
• How external counsel can best serve companies
• Internal investigations: how to focus the investigations where they need to be focused

OVERVIEW OF STATE FALSE CLAIMS ENFORCEMENT
How Expanding Reach of the New York State FCA Increases Qui Tam Risk for Companies and Analysis of Activity on Other States’ False Claims Acts

• Overview of the unique aspects and expanding reach of the New York FCA
• Aftermath of New York v Sprint Nextel Corp as the first time a state FCA has been applied to tax fraud: how this opens the door for similar application elsewhere
• Qui Tam enforcement across the other 23 states with FCAs: what direction this is headed now and do more and more states have or intend to have acts on their statute books?

Networking Lunch

LEGISLATIVE FOCUS
What Major Actual and Proposed Legislative Changes mean for Complying Firms’ Positions

• Impact of doubling of civil penalties for FCA violations to more than $21,000 per claim
• Effect of Medicare’s “60-day rule” for reimbursements
• What is the scope of and the early activity under the FAST Act?
• Potential for reduced damages if certified compliance programs in place?
• Could the DOJ be forced to pay for defense costs if cases deemed not meritorious?
• Other proposals to improve the fairness of FCA: how likely are changes to be made in the coming years?
• Proposals for new or strengthened whistleblower programs and their prospects for adoption

PROCEDURAL FOCUS
Strategies of Settling a False Claim Suit

• Practical steps aimed at in-house counsel of how to avoid court and settle claims made with a relator
• Guidance on what can and cannot be negotiated
• State vs Federal authorities: different tactics that are needed when approaching settlement

Networking Break

INDUSTRY FOCUS ON DEFENSE, SECURITY AND AEROSPACE
Addressing Risks for Cybersecurity Contractors and Other Key Issues for the Defense Industry Post-Escobar

• Addressing new Cybersecurity certification risks: what do contractors need to know in wake of the Escobar decision?
• Proposals, estimates and invoices: are “mistakes” still possible, or is every error just “knowingly false”?
• Analysis of expanding FCA exposure from increasing compliance requirements
• When mandatory disclosure obligations arise in wake of Escobar

ETHICS CREDITS
New Ethical Considerations When Litigating Qui Tam Actions

• Special considerations of relators and government prosecutors
• Analysis of the right level of investigations that must proceed FCA litigations
• Ethical considerations of the seal period

Closing Remarks from Conference Co-Chairs

Conference Ends