SETTLEMENT CASE STUDY

Strategies for Negotiating a Favorable FCA Settlement

January 29, 2018 4:30pm

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.