Day 1 - Monday, January 30, 2017

7:00
Registration Begins for the Early Riser
8:30
Registration Begins and Breakfast/Coffee is Served for the Main Conference
9:45
Co-Chairs’ Opening Remarks
10:00
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
11:00
Networking Break
11:15
GOVERNMENT PROSECUTORS PANEL
How Government Decides to Litigate and Its Approach to Dealing with an Active Relator Bar
12:15
FOCUS ON MATERIALITY
Practical Debate of How Materiality will be Assessed in Cases Going Forward
1:00
Networking Lunch for Speakers and Attendees
2:15
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
3:15
VIEW FROM THE RELATOR BAR
How the Relator Bar Operates: Both With or Without Government Intervention
4:15
Networking Break
4:30
INDUSTRY FOCUS ON HEALTHCARE & LIFE SCIENCES
Deep Dive into Healthcare False Claims: Which Areas Are Being Actively Pursued by the Government
5:30
End of Day One

Post-Conference Workshop

EARLY RISER PRE-CONFERENCE WORKSHOP
False Claims Act Primer and Hands-On Review of the Key Cases and Major Legal Developments of 2016

Jan 30, 2017 7:30am – 9:20am

Speakers

Savaria Harris
Senior Lawyer, Regulatory Law
Johnson & Johnson (New Brunswick, NJ)

Michael Bronson
Partner
Dinsmore & Shohl LLP (Cincinnati, OH)

Day 2 - Tuesday, January 31, 2017

8:40
Co-Chairs’ Opening Remarks
8:45
FOCUS ON INDIVIDUAL ACCOUNTABILITY
In-Depth Look at Parallel Investigations and Individual Accountability Post Yates memo
9:45
INDUSTRY FOCUS ON FINANCIAL SERVICES
SEC Whistleblower Claims: How Financial Firms can Best Manage Potential Relators
10:45
Networking Break
11:00
IN-HOUSE ROUNDTABLE
How are False Claims Cases Internally Assessed and Best Practices for Managing Internal Investigations
12:00
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
12:45
Networking Lunch
2:00
LEGISLATIVE FOCUS
What Major Actual and Proposed Legislative Changes mean for Complying Firms’ Positions
3:00
PROCEDURAL FOCUS
Strategies of Settling a False Claim Suit
4:00
Networking Break
4:15
INDUSTRY FOCUS ON DEFENSE, SECURITY AND AEROSPACE
Addressing Risks for Cybersecurity Contractors and Other Key Issues for the Defense Industry Post-Escobar
5:00
ETHICS CREDITS
New Ethical Considerations When Litigating Qui Tam Actions
5:45
Closing Remarks from Conference Co-Chairs
6:00
Conference Ends

Day 1 - Monday, January 30, 2017

7:00
Registration Begins for the Early Riser
8:30
Registration Begins and Breakfast/Coffee is Served for the Main Conference
9:45
Co-Chairs’ Opening Remarks

Stephen Payne
Partner
Gibson Dunn & Crutcher LLP (Washington, DC)

Marcia Madsen
Partner
Mayer Brown LLP (Washington, DC)

10:00
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

Douglas Baruch
Partner
Fried, Frank, Harris, Shriver & Jacobson LLP (Washington, DC)

Kriss Basil
Assistant U.S. Attorney
U.S. Attorney’s Office, District of Massachusetts (Boston, MA)

Thomas Greene
Partner
Greene LLP (Boston, MA)
Relator’s counsel in Escobar

Michael Tabb
Partner
Greene LLP

  • 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

11:00
Networking Break
11:15
GOVERNMENT PROSECUTORS PANEL
How Government Decides to Litigate and Its Approach to Dealing with an Active Relator Bar

Richard Hayes
Deputy Chief, Civil Division
US Attorney’s Office, Eastern District of New York

Sara Winslow
Chief, Civil Division
US Attorney’s Office, Northern District of California

Christopher Harwood
Co-Chief, Civil Frauds Unit
US Attorney’s Office, Southern District of New York

Panel Moderator:

Craig Margolis
Partner
Vinson & Elkins LLP (Washington, DC)

  • 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

12:15
FOCUS ON MATERIALITY
Practical Debate of How Materiality will be Assessed in Cases Going Forward

Marcia Madsen
Partner
Mayer Brown LLP (Washington, DC)

Jay Speers
Counsel to Medicaid Fraud Control Unit
Office of the Attorney General, State of New York (New York, NY)

Pierre Armand
Co-Chief, Civil Frauds Unit
US Attorney's Office, Southern District of New York (New York, NY)

Maryann Surrick
Associate General Counsel, Litigation & Compliance
Lockheed Martin Corporation (Washington, DC)

  • 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

1:00
Networking Lunch for Speakers and Attendees
2:15
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

Lawrence Sher
Partner
Reed Smith LLP (Washington, DC)

Marlan Wilbanks
Senior Partner
Wilbanks & Gouinlock (Atlanta, GA)

Stephen Payne
Partner
Gibson Dunn & Crutcher LLP (Washington, DC)

Stefan Boedeker
Managing Director
Berkeley Research Group LLC (Los Angeles)

  • 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?

3:15
VIEW FROM THE RELATOR BAR
How the Relator Bar Operates: Both With or Without Government Intervention

Dan Dovdavany
Associate General Counsel
Sanofi US (Bridgewater, NJ)

Robert Vogel
Principal
Vogel Slade & Goldstein LLP (Washington, DC)

Dan Oliverio
Partner
Hodgson Russ LLP (Buffalo, NY)

  • 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

4:15
Networking Break
4:30
INDUSTRY FOCUS ON HEALTHCARE & LIFE SCIENCES
Deep Dive into Healthcare False Claims: Which Areas Are Being Actively Pursued by the Government

Margaret Hutchinson
Civil Chief
US Attorney’s Office, Eastern District of Pennsylvania

Brien O’Connor
Partner
Ropes & Gray, LLP (Boston, MA)

Thomas Crane
Partner
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo PC (Boston, MA)

Timothy Howard
Assistant Counsel
Merck Sharp & Dohme Corp. (Philadelphia, PA)

  • 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

5:30
End of Day One

Day 2 - Tuesday, January 31, 2017

8:40
Co-Chairs’ Opening Remarks

Stephen Payne
Partner
Gibson Dunn & Crutcher LLP (Washington, DC)

Marcia Madsen
Partner
Mayer Brown LLP (Washington, DC)

8:45
FOCUS ON INDIVIDUAL ACCOUNTABILITY
In-Depth Look at Parallel Investigations and Individual Accountability Post Yates memo

Joseph Beemsterboer
Chief, Healthcare Fraud Unit, Fraud Section, Criminal Division
US Department of Justice (Washington, DC)

Dan Dovdavany
Associate General Counsel
Sanofi US (Bridgewater, NJ)

Stephen Payne
Partner
Gibson Dunn & Crutcher LLP (Washington, DC)

Rebecca Martin
Partner
McDermott Will & Emery (New York, NY)

  • 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

9:45
INDUSTRY FOCUS ON FINANCIAL SERVICES
SEC Whistleblower Claims: How Financial Firms can Best Manage Potential Relators

Jordan Thomas
Partner
Labaton Sucharow LLP (New York, NY)

Jane Norberg
Chief, Office of the Whistleblower
US Securities and Exchange Commission (Washington, DC)

Thomas Sporkin
Partner
Buckley Sandler LLP (Washington DC)

  • 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

10:45
Networking Break
11:00
IN-HOUSE ROUNDTABLE
How are False Claims Cases Internally Assessed and Best Practices for Managing Internal Investigations

Thomas Szromba
Principal Senior Counsel, Litigation
The Boeing Company (Chicago, IL)

Matthew Solomson
Chief Legal Officer, Federal Government Solutions
Anthem Inc (Washington, DC)

Damian Wilmot
Vice President and Chief Litigation Counsel
Vertex Pharmaceuticals (Boston, MA)

Joseph Savage
Partner
Goodwin Procter LLP (Boston, MA)

Panel Moderator:

William Harrington
Partner
Goodwin Procter LLP (New York, NY)

  • 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

12:00
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

David Nadler
Partner
Blank Rome LLP (Washington, DC)

Russell Kent
Special Counsel for Litigation
Office of the Attorney General, State of Florida (Tallahassee, FL)

Thomas Teige Carroll
Bureau Chief, Taxpayer Protection Bureau
Office of the Attorney General, State of New York (New York, NY)

  • 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?

12:45
Networking Lunch
2:00
LEGISLATIVE FOCUS
What Major Actual and Proposed Legislative Changes mean for Complying Firms’ Positions

Rod Thomas
Partner
Wiley Rein LLP (Washington, DC)

Jonathan Cedarbaum
Partner
Wilmer Hale LLP (Washington, DC)

Matt Webb
Senior Vice President, Legal Reform Policy
US Chamber Institute for Legal Reform (Washington, DC)

  • 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

3:00
PROCEDURAL FOCUS
Strategies of Settling a False Claim Suit

Michael Paulhus
Partner
King & Spalding LLP (Atlanta, GA)

Sean Cenawood
Partner
Dentons (New York, NY)

  • 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

4:00
Networking Break
4:15
INDUSTRY FOCUS ON DEFENSE, SECURITY AND AEROSPACE
Addressing Risks for Cybersecurity Contractors and Other Key Issues for the Defense Industry Post-Escobar

Mark Colley
Partner
Arnold & Porter Kaye Scholer LLP (Washington DC)

J.B. Perrine
Senior Counsel
Huntington Ingalls Industries, Inc. (Pascagoula, MS)

Catherine Ronis
Vice President & Associate General Counsel, Litigation & Investigations
BAE Systems (Washington, DC)

  • 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

5:00
ETHICS CREDITS
New Ethical Considerations When Litigating Qui Tam Actions

Lori Pines
Partner
Weil Gotshal & Manges LLP (New York, NY)

Laurel Beeler
Magistrate Judge
United States District Court, Northern District of California

  • 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

5:45
Closing Remarks from Conference Co-Chairs

Stephen Payne
Partner
Gibson Dunn & Crutcher LLP (Washington, DC)

Marcia Madsen
Partner
Mayer Brown LLP (Washington, DC)

6:00
Conference Ends

EARLY RISER PRE-CONFERENCE WORKSHOP
False Claims Act Primer and Hands-On Review of the Key Cases and Major Legal Developments of 2016

Jan 30, 2017 7:30am – 9:20am

Savaria Harris
Senior Lawyer, Regulatory Law
Johnson & Johnson (New Brunswick, NJ)

Michael Bronson
Partner
Dinsmore & Shohl LLP (Cincinnati, OH)

What is it about?

This insightful “Early Riser” workshop will cover the essentials of the False Claims Act and Qui Tam enforcement for those who feel their understanding of the workings of the Act and the mechanics of its application and enforcement needs to be refreshed. It will also run through and recap all the key cases of 2016, including but not limited to the landmark decision in United Health Services v United States ex rel. Escobar, as well as go through all the major legislative developments and regulatory changes over the past year, so that delegates are best prepared to fully participate in and engage with the panel discussions. Whether you are new to the practice of False Claims Act litigation or a senior practitioner in need of a refresher, you will find this session invaluable for getting up to speed on the Act and the latest case law and legislative developments in order to maximize your opportunity to engage in the advanced discussions which are the hallmark of the main conference. Please note that the cases covered during this session will be fully updated to include all the most relevant decisions published as of January 2017.