Day 1 - Thursday, January 21, 2016

7:45
Registration Begins and Continental Breakfast
8:45
Opening Remarks from Conference Co-Chairs
9:00
PROSECUTORS PANEL –How Government Is Assessing the Validity of the Increasing Number of Whistleblower Reports
10:00
Networking Break
10:15
Balancing Parallel Proceedings: How to Navigate Criminal and Civil False Claims Interests
11:15
The Year in Review – What Recent Cases Reveal about Future False Claims Act Litigation
12:15
Networking Luncheon for Speakers and Attendees
1:30
VIEW FROM IN-HOUSE COUNSEL –How to Perform a Risk Assessment on Potential False Claims Complaints
2:15
INSIDE THE MIND OF THE PLAINTIFF BAR –The Essential Elements of a Strong Relator Claim
3:15
Networking Break
3:30
Sophisticated Discovery and Pre-Trial Techniques to Successfully Defend False Claims Suits
4:15
FOCUS ON FINANCIAL SERVICES INDUSTRY FRAUD –Recent Developments in SEC/CFTC Whistleblower Claims
5:00
FOCUS ON HEALTHCARE FALSE CLAIMS –What New Areas are Being Actively Pursued by the Government
5:45
Champagne Roundtables

Day 2 - Friday, January 22, 2016

8:40
Conference Co-Chairs’ Opening Remarks
8:45
The Role of the Government in Cases Where They Do Not Intervene
9:30
VIEW FROM IN-HOUSE COUNSEL –Best Practices for Managing Internal Investigations
10:30
Networking Break
11:00
Deep Dive into the Focus Areas for False Claims Enforcement in New York
12:00
Strategies for Fighting Back Against Cases that Lack Merit
12:45
Networking Luncheon for Attendees and Speakers
2:00
Emerging Trends in Damages Calculations: Use of Statistics and Other Methods
3:00
Best Practices to Facilitate Global Settlements
3:30
Networking Break
3:45
FOCUS ON DEFENSE AND AEROSPACE INDUSTRY POST-CARTER –How First to File Decision Will Affect Future Cases
4:30
ETHICS CREDIT –Ethical Considerations of False Claims Act and Qui Tam Cases
5:15
Conference Ends

Day 1 - Thursday, January 21, 2016

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

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

Mark E. Lowes
Vice President Litigation
Kellogg Brown & Root (Houston, TX)

9:00
PROSECUTORS PANEL –How Government Is Assessing the Validity of the Increasing Number of Whistleblower Reports

Sara Winslow
Assistant United States Attorney
U.S. Attorney’s Office, Northern District of California

Sonya A. Rao
Assistant U.S. Attorney
U.S. Attorney’s Office, District of Massachusetts

Panel Moderator:

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

Some industries affected by the False Claims Act have significantly reduced their exposure to FCA claims by implementing robust and mature compliance programs.

Defense bar might cite to recent cases in which the facts and the legal theories seem to have been stretched beyond what the FCA is designed to remedy. Government and the relators might respond that there will always be creative marketers and plenty of conduct that needs to be examined and tested under FCA standards.

Relators bar seems more active than ever, and the number of cases – both filed and carried forward after a government declination – continues to increase and the government’s activities and recoveries do not appear to have slowed.

This panel will focus on how the government evaluates the whistleblower FCA cases that are filed in this evolving environment.

10:00
Networking Break
10:15
Balancing Parallel Proceedings: How to Navigate Criminal and Civil False Claims Interests

Gregory M. Luce
Partner
Skadden, Arps, Slate, Meagher & Flom LLP (Washington, DC)

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

  • Impact of the Yates memo to target individuals involved in corporate crimes
  • How defense counsel should navigate the potential of parallel proceedings if same conduct alleged in a qui tam case can give rise to criminal liability
  • Discussion of recent announcement of Leslie Caldwell relating to Criminal Division review of every qui tam complaint filed
  • How to avoid pitfalls in communicating with Civil Division attorneys and criminal prosecutors on same matter
  • How does decision whether to provide company employees with separate counsel in criminal matters complicate defense of civil False Claims Act case?
  • How to turn existence of criminal investigation to your advantage in defense of qui tam cases (Rule 6(e) orders, SOL issues)

11:15
The Year in Review – What Recent Cases Reveal about Future False Claims Act Litigation

Regina Morano
Chief Legal and Compliance Officer
University of Maryland Faculty Physicians Inc. (Baltimore, MD)

Laura Laemmle-Weidenfeld
Partner
Jones Day (Washington, DC)

  • Increased focus on reverse false claims (U.S ex rel Kane v. Healthfirst)
  • Application of implied certification theory (United States ex rel. Badr v. Triple Canopy, Inc.; U.S. Ex rel Nelson v. Sanford- Brown, Ltd.)
  • Narrow application of the first-to-file bar (KBR v. U.S. ex rel. Carter)
  • Narrow reading of public disclosure bar (U.S. ex rel. Whipple v. Chattanooga-Hamilton Cnty. Hosp. Auth.)
  • Aggressive application of damages and penalties (U.S. ex rel. Harman v. Trinity Industries Inc.; U.S. ex rel. Drakeford v. Tuomey)

12:15
Networking Luncheon for Speakers and Attendees
1:30
VIEW FROM IN-HOUSE COUNSEL –How to Perform a Risk Assessment on Potential False Claims Complaints

Mark E. Lowes
Vice President Litigation
Kellogg Brown & Root (Houston, TX)

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

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

Panel Moderator:

Harry Sandick
Partner
Patterson Belknap Webb & Tyler LLP (New York, NY)

  • How to plan for your immediate response
  • What should you do first
  • What are the key elements for evaluating your case
  • Determining the ideal settlement strategies
  • Steps to take when other plans fail

2:15
INSIDE THE MIND OF THE PLAINTIFF BAR –The Essential Elements of a Strong Relator Claim

Daniel Oliverio
Partner
Hodgson Russ LLP (Buffalo, NY)

Neil V. Getnick
Partner
Getnick & Getnick (New York, NY)

  • Determining the proper level of investigative support
  • Type of interactions that relator’s counsel should have with the government prior to filing
  • Factors to consider when deciding where to file a case
  • Evaluating the trial experience of a district
  • Insight into the lifecycle of a case

3:15
Networking Break
3:30
Sophisticated Discovery and Pre-Trial Techniques to Successfully Defend False Claims Suits

Paul Neale
Chief Executive Officer
DOAR, Inc. (New York, NY)

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

David Douglass
Partner
SheppardMulllin (Washington, DC)

  • Pre-trial expert discovery and pre-trial motions
  • Developing and establishing trial themes that resonate with juries
  • Effective expert advocacy
  • Strategies for dealing with relators at trial
  • Using jury consultants to develop themes and select jurors
  • Using trial graphics to communicate in a multi-media world
  • Using trial preparation to drive favorable settlements
  • Mitigating the risk of exclusion and debarment

4:15
FOCUS ON FINANCIAL SERVICES INDUSTRY FRAUD –Recent Developments in SEC/CFTC Whistleblower Claims

Thomas A. Sporkin
Partner
Buckley Sandler LLP (Washington, DC)

Erika A. Kelton
Attorney at Law
Phillips & Cohen LLP (Washington, DC)

Pierre G. Armand
Co-Chief, Civil Frauds Unit, U.S. Attorney’s Office
U.S. Attorney’s Office for the Southern Division, New York

  • Update on recent investigations and settlements
  • Review of recent awards to whistleblowers
  • Compliance officers as whistleblower
  • International reach of SEC/CFTC programs and jurisdictional challenges
  • Developments in Dodd-Frank anti-retaliation provisions

5:00
FOCUS ON HEALTHCARE FALSE CLAIMS –What New Areas are Being Actively Pursued by the Government

Jeffrey W. Dickstein
Assistant United States Attorney
U. S Attorney’s Office, Southern District of Florida

Elizabeth Marie Dulong Scott
Counsel
Akin Gump Strausws Hauer & Feld (Dallas, TX)

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

  • Recent developments in off-label FCA cases
  • Recent developments in Stark law and Anti-Kickback law FCA cases
  • Prosecuting and defending FCA medical necessity claims
  • Distinguishing between conditions of payment and conditions of participation in FCA actions Prosecuting and Defending FCA quality of care cases

5:45
Champagne Roundtables

End the day informally as you share views with you peers on recent False Claims developments.

  • In-House Only: Strategies to Manage FCA Cases
  • Off Label Marketing FCA
  • Defense & Aerospace FCA
  • Anti-Kickback FCA
  • Day 2 - Friday, January 22, 2016

    8:40
    Conference Co-Chairs’ Opening Remarks

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

    Mark E. Lowes
    Vice President Litigation
    Kellogg Brown & Root (Houston, TX)

    8:45
    The Role of the Government in Cases Where They Do Not Intervene

    Margaret L. Hutchinson
    Civil Chief
    U.S. Attorney’s Office, Eastern District of Pennsylvania (Philadelphia, PA)

    Daniel R. Miller
    Shareholder
    Berger & Montague, P.C. (Philadelphia, PA)

    • Intervened cases
      • Factors influencing intervention
      • Joint prosecution privilege
      • Role of relator’s counsel
    • Rising tide of litigation of declined cases (Davita, Omnicare, Streck Cases)
      • Statements of interest
      • Expanded resources of private bar
      • Triggers that could cause the government to come back into the case
      • Attorney’s fee claims
    • Latest developments in ESI protocols
      • Standard ESI protocols
      • Use of predictive coding

    9:30
    VIEW FROM IN-HOUSE COUNSEL –Best Practices for Managing Internal Investigations

    Adam Morris
    Senior Legal Counsel | Global Investigations
    Medtronic (Minneapolis, MN)

    Maryann Surrick
    Associate General Counsel – Litigation & Compliance
    Lockheed Martin Corporation (Bethesda, MD)

    Panel Moderator:

    Jennifer L. Chunias
    Partner
    Goodwin Procter LLP (Boston, MA)

    • Who should conduct post-filing investigation
    • Document production and preservation
    • Sharing of documents and information between the government and relator’s counsel
    • Strategies for obtaining a declination
    • How to manage privilege issues in investigations

    10:30
    Networking Break
    11:00
    Deep Dive into the Focus Areas for False Claims Enforcement in New York

    Gregory Krakower
    Senior Advisor & Counselor to the Attorney General
    Office of the Attorney General of the State of New York

    Adam J. Katz
    Assistant United States Attorney Civil Health Care Fraud Coordinator
    United States Attorney’s Office Northern District of New York

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

    • Beyond healthcare fraud, what other areas are being targeted for false claims enforcement
    • Implications of DOJ’s increased focus on individual accountability for corporate wrongdoing
    • Requirement for statement of facts and admissions in false claims act settlements
    • Trend towards use of advance data analytics in healthcare fraud cases
    • Continuing enforcement on financial services

    12:00
    Strategies for Fighting Back Against Cases that Lack Merit

    David M. Nadler
    Partner and Government Contracts Practice Group Chair
    Dickstein Shapiro LLP (Washington, DC)

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

    James B. Perrine
    Senior Counsel
    Huntington Ingalls Industries, Inc.

    • When you should consider for filing a counterclaim
    • How to respondi to employee theft of confidential company documents
    • Factors to consider for fee shifting and sanctions
    • Updating employment agreements and policies
    • Rule 9(b) and the public disclosure bar considerations

    12:45
    Networking Luncheon for Attendees and Speakers
    2:00
    Emerging Trends in Damages Calculations: Use of Statistics and Other Methods

    Jason Crawford
    Partner
    Crowell & Moring LLP

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

    • U.S. ex rel. Martin v. Life Care Centers and U.S. ex rel. Paradies v. AseraCare Inc.
    • Overview of other recent damages rulings
    • Importance of selecting proper experts
    • Proper use of Daubert challenges
    • Other methods to challenge the amount of damages

    3:00
    Best Practices to Facilitate Global Settlements

    Enu A. Mainigi
    Partner
    William & Connolly

    Pamela C. Brecht
    Partner
    Pietragallo Gordon Alfano Bosick & Raspanti, LLP (Philadelphia, PA)

    • How to approach the negotiation
    • Statement of admissions
    • Relator’s roles in the settlement
    • Retaliatory discharge claims
    • Sharing of attorney’s fees

    3:30
    Networking Break
    3:45
    FOCUS ON DEFENSE AND AEROSPACE INDUSTRY POST-CARTER –How First to File Decision Will Affect Future Cases

    Michael J. Bronson
    Partner
    Vorys, Sater, Seymour and Pease LLP (Cincinnati, OH)

    Mark Nackman
    Partner
    Jenner & Block (USA)

    • A brief history of the first-to-file rule prior to Kellogg Brown & Root v. U.S. ex rel. Carter (“Carter”).
    • The background, issues, and holding in “Carter
    • New obstacles and complications for FCA defendants seeking to assert the first-to-file rule following the Supreme Court’s decision in “Carter
    • Exploration of new (or infrequently used) defenses in an era of a weakened first-to-file rule
    • Issues defendants must now consider in litigating and settling FCA cases in light of ”Carter

    4:30
    ETHICS CREDIT –Ethical Considerations of False Claims Act and Qui Tam Cases

    Glenn M. Jones
    Founder
    Law Offices of Glenn Jones (New York, NY)

    Mark Srere
    Partner
    Bryan Cave (Washington, DC)

    • Should lawyers be disqualified for trying to be relators
    • Investigations that precede False Claims litigation
    • Navigating the lengthy time period involved
    • Ethical considerations for relators, government and defense counsel
    • Considerations before and after qui tam complaint is unsealed

    5:15
    Conference Ends