Day 1 - Monday, January 29, 2018

7:45
Registration Begins and Continental Breakfast
8:45
Conference Co-Chairs’ Opening Remarks
9:00

SPECIAL FOCUS ON ESCOBAR

Materiality and Implied False Certification: Split Circuit Decisions and the Impact of Escobar on Pending and Future False Claims Cases
10:15
Networking Break
10:30
What Will the Future Bring? New Theories, New Claims, New Cases
11:15

IN-HOUSE COUNSEL PANEL

Best Practices for Managing Internal Investigations and When to Consult Outside Counsel
12:15
Networking Lunch for Attendees and Speakers
1:15
How the USDOJ and Relator’s Counsel Interact: Cases When They Work Together and Considerations When They Don’t
2:15
Focus on Damages and Liability: What Recent Techniques Have Been Effective in Negotiations with the Government
3:00
Networking Break
3:15

ETHICS CREDITS

Navigating Ethical Issues in False Claims Litigation
3:45
Focus on Healthcare and Life Sciences: Recent Trends and Cases that are Affecting Future False Claims Suits
4:30

SETTLEMENT CASE STUDY

Strategies for Negotiating a Favorable FCA Settlement
5:30

CHAMPAGNE ROUNDTABLES

End the day informally as you share views with your peers on recent False Claims developments.
6:30
Conference Ends

Day 2 - Tuesday, January 30, 2018

8:30
Co-Chairs’ Opening Remarks
8:35

IN-HOUSE COUNSEL PANEL

Effective Strategies for Dealing with a Whistleblower who is a Current or Former Employee
9:30

GOVERNMENT PROSECUTORS’ PANEL

How USDOJ Decides When to Intervene and an Update on Criminal/Civil Concurrent Investigations
10:30
Networking Break
10:45
Focus on Individual Accountability: How the Yates Memo Impacts Individuals in False Claims Cases and Settlements
11:30
Focus on Government Contracts: Defense, Aerospace and Security
12:30
Networking Lunch
1:45

AUDIENCE PARTICIPATION

Questions and Answers with US DOJ Alumni
2:30
Focus on Financial Services Industry: Latest Developments on False Claims & FIRREA
3:30
Networking Break
3:45
Managing the Expanding Reach of State False Claims Enforcement: What Areas are Most Vulnerable for Enforcement?
4:30
Conference Ends

Post-Conference Workshop

A Hands-on and Complete Review of the False Claims Act, Key Cases and Major Developments of 2017

Jan 31, 2018 9:00am – 12:30pm

Speakers

Robert S. Salcido
Partner
Akin Gump Strauss Hauer & Feld LLP (Washington, DC)

Jennifer Mammen
Counsel
Bryan Cave LLP (Washington, DC)

Day 1 - Monday, January 29, 2018

7:45
Registration Begins and Continental Breakfast
8:45
Conference Co-Chairs’ Opening Remarks

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

Robert S. Salcido
Partner
Akin Gump Strauss Hauer & Feld LLP (Washington, DC)

9:00

SPECIAL FOCUS ON ESCOBAR

Materiality and Implied False Certification: Split Circuit Decisions and the Impact of Escobar on Pending and Future False Claims Cases

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

Roderick L Thomas
Partner
Wiley Rein LLP (Washington, DC)

Jesse A. Witten
Partner
Drinker Biddle & Reath LLP (Washington, DC)

Thomas M. Greene
Partner
Greene LLP (Boston, MA)

  • How have the courts applied Escobar?
  • What are the best ways to prove government knowledge
  • How will Escobar affect motions to dismiss, summary judgement and trial?
  • Strategies to approach discovery against the government post-Escobar

10:15
Networking Break
10:30
What Will the Future Bring? New Theories, New Claims, New Cases

Marc S. Raspanti
Partner
Pietragallo Gordon Alfano Bosick & Raspanti, LLP (Philadelphia, PA)

David M. Nadler
Partner
Blank Rome (Washington, DC)

  • Increased claims from Buy America and Trade Agreement Act (TAA)
  • How the opioid task force could drive future false claims allegations
  • Potential claims from hurricanes Katrina, Irma, and Harvey
  • Impact of the United Heath Medicare Advantage case
  • Impact of the new directive on soft dollars in settlement negotiations
  • New Laboratory Fraud Cases Medicare Part C & D

11:15

IN-HOUSE COUNSEL PANEL

Best Practices for Managing Internal Investigations and When to Consult Outside Counsel

Andrew S. Mullin
Vice President & Chief Counsel
BAE Systems Electronic Systems (Nashua, NH)

Ann Claire Phillips
Chief Government Investigations Counsel
U.S. Bank (Minneapolis, MN)

David K. Orensten
Assistant General Counsel, Litigation and Director of eDiscovery
Cardinal Health (Dublin, OH)

Panel Moderator

Warrington Parker
Partner
Orrick, Herrington & Sutcliffe LLP (San Francisco, CA)

Companies with a pending false claims investigation should consider whether to adopt an aggressive strategy of forcing the government’s disclosure of the litigation.

  • Who should conduct post-filing investigations?
  • What factors indicate the need for outside counsel
  • When to decide whether to waive the attorney-client or work-product privilege during a government investigation

12:15
Networking Lunch for Attendees and Speakers
1:15
How the USDOJ and Relator’s Counsel Interact: Cases When They Work Together and Considerations When They Don’t

Andre J. Lagarde
Assistant U.S. Attorney
U.S. Attorney's Office, Eastern District of Louisiana

Sam Sheldon
Partner
Quinn Emanuel Urquhart & Sullivan, LLP (Washington, DC)

Jeffrey Dickstein
Partner
Phillips & Cohen LLP (Miami, FL)

  • Factors involved in where relators choose to file
  • How relators decide when to pursue the case when the DOJ does not intervene
  • How specific a relator needs to be to survive motion to dismiss under rule 9(b)-Victaulic case
  • Increasing trend of large litigation firms representing relators

2:15
Focus on Damages and Liability: What Recent Techniques Have Been Effective in Negotiations with the Government

Rebecca J. Hillyer
Partner
Morgan Lewis LLP (Philadelphia, PA)

Daniel C. Oliverio
Partner
Hodgson Russ (Buffalo, NY)

  • Increased use of statistical sampling and extrapolation to establish liability and damages
  • Requesting relators to establish causation on a claim by claim basis
  • Impact of 6th Circuit taint damages decision re Circle C

3:00
Networking Break
3:15

ETHICS CREDITS

Navigating Ethical Issues in False Claims Litigation

Joel Androphy
Partner
Berg & Androphy (Houston, TX)

This session will discuss best practices for managing and effective internal investigation as well as discussing the ethical issues that arise during FCA litigation.

3:45
Focus on Healthcare and Life Sciences: Recent Trends and Cases that are Affecting Future False Claims Suits

Michael K. Loucks
Partner
Skadden, Arps, Slate, Meagher & Flom LLP (Boston, MA)

David J. Leviss
Partner
O'Melveny & Myers LLP (Washington, DC)

  • Effective use of Escobar in defense cases
  • False Claims Act use by competitors (EpiPen)
  • Uptick in focus on post-acute care i.e. hospice, SNFs, home heath
  • New cases on Electric Health Records (HER) incentive payments
  • Resource utilization care (Rug)
  • Copay assistance programs and patient assistance program
  • Use of Medicare Part C risk adjustment payment model

4:30

SETTLEMENT CASE STUDY

Strategies for Negotiating a Favorable FCA Settlement

Russell S. Kent
Special Counsel for Litigation
Office of the Attorney General, State of Florida

Michael G. Scheininger
Partner
Covington & Burling LLP (Washington, DC)

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

Most intervened False Claims Act cases, and an increasing number of non-intervened cases, are ultimately resolved through negotiated settlements. This panel will address strategies employed by defense and relator’s counsel to obtain favorable settlements in both intervened and non-intervened FCA cases, including:

  • Timing of discussions
  • Whether and when to include the relator’s counsel in intervened cases, or government counsel in non-intervened cases
  • Assessing damages, multipliers, and civil penalties
  • How to address ancillary issues such as suspension/debarment, the relator’s attorneys’ fees, and any whistleblower retaliation claims.

5:30

CHAMPAGNE ROUNDTABLES

End the day informally as you share views with your peers on recent False Claims developments.
6:30
Conference Ends

Day 2 - Tuesday, January 30, 2018

8:30
Co-Chairs’ Opening Remarks
8:35

IN-HOUSE COUNSEL PANEL

Effective Strategies for Dealing with a Whistleblower who is a Current or Former Employee

Beth Janeway Hallyburton
Assistant General Counsel; Head, US Government Investigations
GSK (Research Triangle Park, NC)

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

R. Davis Thomas, Jr.
Deputy General Counsel
Consulate Health Care (Tampa, FL)

Matthew Solomson
Chief Legal Officer, Federal Government Solutions
Anthem, Inc. (Linthicum, MD)

Panel Moderator

Tirzah Sungyeh Lollar
Partner
Vinson & Elkins LLP (Washington, DC)

  • Essential steps to protect the company
  • Establishing policies to protect company docuuments and limit company access
  • Using exit interview to obtain necessary release and prevent theft of documents
  • Who needs to be informed about the claims and how to prevent a retailiation suit
  • Necessary steps to monitor communication throughout the company

9:30

GOVERNMENT PROSECUTORS’ PANEL

How USDOJ Decides When to Intervene and an Update on Criminal/Civil Concurrent Investigations

Pierre Armand
Co-Chief, Civil Frauds Unit
U.S. Attorney’s Office, Southern District of New York

Jacob T. Elberg
Chief, Health Care & Government Fraud Unit
U.S. Attorney's Office, District of New Jersey

Gregg Shapiro
Chief, Affirmative Civil Enforcement Unit
U.S. Attorney’s Office, District of Massachusetts

Charlene Keller Fullmer
Assistant United States Attorney, Deputy Chief, Affirmative Litigation
U. S. Attorney's Office, District of Pennsylvania

Panel Moderator

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

  • Is DOJ increasingly inclined to decline early intervention to allow relators’ counsel to further develop cases even though later intervention is likely?
  • What is the nature and degree of evidence sharing, and sharing off labor between relators and DOJ?
  • Under what circumstances might DOJ seek maximum allowable penalties through trial? Conversely, what factors might make DOJ push to reach a compromise settlement?
  • What kickback theories is the government investigating as FCA predicates today?
  • In preparing to try a qui tam case, what are some of the key themes to consider on the prosecution and defense sides?

10:30
Networking Break
10:45
Focus on Individual Accountability: How the Yates Memo Impacts Individuals in False Claims Cases and Settlements

Eric W. Sitarchuk
Partner
Morgan Lewis (Philadelphia, PA)

Richard Westling
Member
Epstein Becker Green (Nashville, TN)

  • Current policy and anticipated changes
  • Trends: Pursuing and settling with individuals in False Claims Act cases
  • Determining when individuals need counsel post-Yates
  • Risks and benefits of joint defense and common interest agreements

11:30
Focus on Government Contracts: Defense, Aerospace and Security

Christine Roushdy
Assistant U.S. Attorney
U.S. Attorney's Office Eastern District of Virginia

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

Bill Walter
Partner
Dixon Hughes Goodman LLP (Tysons Corner, VA)

Don Yenovkian
Senior Counsel
Fluor Corporation (Greenville, SC)

  • How to prove government knowledge and materiality in DOD contracts
  • Using the dequacy of compliance programs and internal contracts as a defense strategy
  • Post KBR- Can you cure a barred case by amendment?
  • First to file: Jurisdictional circuit split on subject matter
  • Meeting the mandatory disclosure guidelines

12:30
Networking Lunch
1:45

AUDIENCE PARTICIPATION

Questions and Answers with US DOJ Alumni

David S. Schumacher
Partner
Hooper, Lundy & Bookman, P.C. (Boston, MA)

Thomas McConville
Partner
Orrick, Herrington & Sutcliffe LLP (Irvine, CA)

Bring your questions for this interactive session with former USDOJ officials. Learn more about how the government investigates a potential case and find out more about settlement negotiations.

2:30
Focus on Financial Services Industry: Latest Developments on False Claims & FIRREA

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

Amy Pritchard Williams
Partner
Troutman Sanders (Charlotte, NC)

  • Mortgage fraud: DOJ’s Pursuit of FHA/VA Lenders continues
    • Latest settlements
    • Update on Quicken FCA litigation
    • Lessons from the Allied FCA/FIRREA case
    • Update on DOJ efforts to pursue individuals
    • FIRREA case against Deutsche Bank official
  • Federal Task Forces created to combat “disaster fraud”
    • FCA lessons from “Katrina”
  • SEC whistleblower programs

3:30
Networking Break
3:45
Managing the Expanding Reach of State False Claims Enforcement: What Areas are Most Vulnerable for Enforcement?

Scott J. Spiegelman
Deputy Bureau Chief
NYS Office of the Attorney General Taxpayer Protection Bureau

Daniel L. Dovdavany
Associate General Counsel
Sanofi US (Bridgewater, NJ)

David Douglass
Partner
Sheppard Mulllin (Washington, DC)

  • A review of state FCA statutes and recent legislative activity
  • Areas for significant state enforcement activity and areas of focus for state Attorney Generals
  • Causes of action often combined with state FCA statutes
  • Procedural and strategic considerations in litigating state FCA cases

4:30
Conference Ends

A Hands-on and Complete Review of the False Claims Act, Key Cases and Major Developments of 2017

Jan 31, 2018 9:00am – 12:30pm

Robert S. Salcido
Partner
Akin Gump Strauss Hauer & Feld LLP (Washington, DC)

Jennifer Mammen
Counsel
Bryan Cave LLP (Washington, DC)

What is it about?

This insightful 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. This program will discuss and recap all the key cases of 2017, including but not limited to how courts have interpreted and applied United Health Services v United States ex rel. Escobar, as well as go through all other major case law developments and trends. 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 False Claims Act to maximize and reinforce your understanding of the Act.