Balancing Parallel Proceedings: How to Navigate Criminal and Civil False Claims Interests

January 21, 2016 10:15am

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

Craig Margolis
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)