Day 1 - Monday, January 27, 2020

7:45
Registration and Continental Breakfast
8:45
Opening Remarks from Conference Co-Chairs
9:00
Keynote Address
9:30

FCA 2020 State of The Union Part I

New Developments in the Courts Influencing the False Claims Act, Government Fraud, & Qui Tam Litigation
10:30

FCA 2020 State of the Union Part II

An Analysis of Anticipated Theories of Liability and Review of the Evolving Battlegrounds
11:30
Morning Coffee Break
11:45

60 Minutes on Legislation Politics and Policy

Roundtable on Recent Activity at the Federal Level
12:45
Networking Luncheon
2:00

Establishing Liability in FCA Cases Through Statistical Sampling

When Does it Belong in False Claims Act Litigation?
3:00

The Solution Room

Building an Effective Compliance Program to Mitigate Risk and Avoid Liability
4:00

View from the Bench

An Interview with The Honorable Laurel Beeler on the Effect of the Escobar Materiality Standard on Discovery Practice
5:00

Industry Focus on FCA Challenge

Champagne Roundtables: Sector Networking Discussions
6:00
Conference Adjourns to Day Two

Day 2 - Tuesday, January 28, 2020

7:45
Registration and Continental Breakfast
8:45
Co-Chair’s Opening Remarks and Recap of Day One
9:00

Town Hall Q&A Session with Targeted Industries

Expectations of In-House Counsel from Their Law Firm Partners
10:15

View from the Relator’s Bar

How Honest Companies Wind Up on the Wrong Side of FCA Liability
11:15
Morning Coffee Break
11:30
Analyzing the Government’s Evaluation of a Qui Tam Action
12:30
Networking Luncheon
1:45
Navigating Parallel Proceedings Under the False Claims Act
2:45
Practical Strategies and Tactics for Effective Settlement Negotiation
3:45
Afternoon Refreshment Break
4:00

Audience Polling

Interactive Ethics Drills: Overcoming Ethical Dilemmas in FCA Cases
5:00
Conference Concludes

Day 1 - Monday, January 27, 2020

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

Savaria B. Harris
Senior Counsel, Regulatory Law
Johnson & Johnson

Douglas W. Baruch
Partner
Morgan, Lewis & Bockius LLP

9:00
Keynote Address

Stephen Cox
Deputy Associate Attorney General
United States Department of Justice

9:30

FCA 2020 State of The Union Part I

New Developments in the Courts Influencing the False Claims Act, Government Fraud, & Qui Tam Litigation

Kimberly Friday
Member
Osborn Maledon, P.A. (Phoenix, AZ)

Erica Blachman Hitchings
Member
Whistleblower Law Collaborative LLC

Colleen Kennedy
Chief, Affirmative Civil Enforcement Unit
Eastern District of California (Sacramento, CA)

Kirsten Mayer
Partner
Ropes & Gray LLP

Moderator:

Craig D. Margolis
Partner
Arnold & Porter (Washington, DC)

  • Exploring recent False Claims Act cases interpreting the Escobar decision
    • Reviewing the circuit splits post-Escobar as they construe materiality and falsity
  • Assessing the developing caselaw regarding the standard to prove causation between a false statement and subsequent damages
  • Analyzing the Supreme Court’s decision in the Cochise case
    • Understanding the expansion of time for private suits under the False Claims Act
  • Understanding the connection between Rule 9(b)’s particularity standard and the materiality requirement
  • Evaluating courts decisions and factors considered before barring later-filed cases

10:30

FCA 2020 State of the Union Part II

An Analysis of Anticipated Theories of Liability and Review of the Evolving Battlegrounds

Pamela Coyle Brecht
Partner
Pietragallo Gordon Alfano Bosick & Raspanti, LLP

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

Peter Leigninger
Counsel
King & Spalding (Washington, DC)

Marcia G. Madsen
Partner
Mayer Brown (Washington, DC)

Kirsten Mayer
Partner
Ropes & Gray LLP

Moderator:

Roderick Thomas
Partner
Wiley Rein LLP (Washington, DC)

Over the past twelve months, potential risk areas of FCA exposure have emerged in various industries — some of which are not traditional FCA targets. The intersection of cybersecurity and the False Claims Act is just one of the many examples the industry is dealing with. New DOJ policies in addition to an increasingly aggressive relator bar has the potential to meaningfully change the shape of FCA enforcement in 2020 and beyond.

11:30
Morning Coffee Break
11:45

60 Minutes on Legislation Politics and Policy

Roundtable on Recent Activity at the Federal Level

Michael Bishop
Executive Investigations Counsel
Global Investigations, GE

Zachary Cunha
Chief, Civil Division
United States Attorney’s Office, District of Rhode Island

Steven P. Lehotsky
Senior Vice President & Chief Counsel
U.S. Chamber Litigation Center

Patrick McCarthy
Vice President, Managing General Counsel
Fluor Government Group

Michael A. Rogoff
Partner
Arnold & Porter

Nicole O. Saunders
Senior Counsel - Litigation & Investigations
Accenture Federal Services

Maryana Zubok
Senior Corporate Counsel, Litigation, Pro Bono Lead, Legal Division,
Pfizer Inc.

Moderator:

Christopher B. Harwood
Partner
Morvillo Abramowitz Grand Iason & Anello PC (New York, NY)

  • Examining the factors in the Granston Memo the government uses to determine whether the DOJ should seek dismissal when it has otherwise decided to intervene
    • Evaluating circuit splits regarding the government’s discretion to preemptively dismiss qui tam actions
    • Debating whether the government has “unfettered” authority
  • Understanding the guidance for prosecutors when investigating a corporation’s compliance program
    • Examining the factors the government takes into consideration
  • Reviewing the guidance concerning cooperation credits in FCA investigations
    • Analyzing how the government decides award cooperation credit to defendants that cooperate during False Claims Act investigations

12:45
Networking Luncheon
2:00

Establishing Liability in FCA Cases Through Statistical Sampling

When Does it Belong in False Claims Act Litigation?

Jacob T. Elberg
Associate Professor
Seton Hall University School of Law

Gejaa T. Gobena
Partner
Hogan Lovells (Washington, DC)

Daniel Vitelli
Attorney
Constantine Cannon LLP (New York, NY)

Moderator:

Douglas W. Baruch
Partner
Morgan, Lewis & Bockius LLP

  • Analyzing how the government and Qui Tam relators are increasingly using statistical sampling and extrapolation to establish liability and damages in FCA cases
  • Employing strategies for challenging the use of statistical sampling in FCA cases
  • Reviewing recent decisions as to the use and scope of sampling methodologies
  • Deciding whether claims are “actually and knowingly false” as defined by the FCA

3:00

The Solution Room

Building an Effective Compliance Program to Mitigate Risk and Avoid Liability

Trina Fairley Barlow
Partner
Crowell & Moring LLP (Washington, DC)

Rachael Honig
First Assistant U.S. Attorney
United States Attorney’s Office, District of New Jersey

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

Catherine Kane Ronis
Vice President & Associate General Counsel
Litigation and Investigations, BAE Systems, Inc.

Nicole O. Saunders
Senior Counsel - Litigation & Investigations
Accenture Federal Services

Moderator:

Susan Booth Cassidy
Partner
Covington & Burling LLP (Washington, DC)

  • Identifying and implementing written procedures, policies and standards of conduct
  • Classifying the essential team members and deciding who sits on the compliance committee
  • Leading effective training and placing an importance on continuing education
  • Conducting internal investigations and examinations
  • Establishing operative lines of communication with the government

4:00

View from the Bench

An Interview with The Honorable Laurel Beeler on the Effect of the Escobar Materiality Standard on Discovery Practice

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

Interviewer:

Sara Winslow
Chief, Civil Division
U.S. Attorney’s Office

  • Evaluating recent case law in view on what is ‘material’
  • Examining how the enhanced materiality requirement may open the door for discovery requirements made against the government
  • Understanding the wider application of new standards of materiality .
    • Determining to what extent is it limited to implied false certification
  • Reviewing how courts have followed and adopted this standard of materiality

5:00

Industry Focus on FCA Challenge

Champagne Roundtables: Sector Networking Discussions

Pop, clink, fizz! Cap off the first day of the conference as you network with your peers at sector-specific discussion groups and informally swap war stories over bubbly.

  • Healthcare, Life Sciences and Pharmaceuticals
  • Technology and Communications
  • Defense & Aerospace
  • For-Profit Education
  • Financial Services

6:00
Conference Adjourns to Day Two

Day 2 - Tuesday, January 28, 2020

7:45
Registration and Continental Breakfast
8:45
Co-Chair’s Opening Remarks and Recap of Day One
9:00

Town Hall Q&A Session with Targeted Industries

Expectations of In-House Counsel from Their Law Firm Partners

Savaria B. Harris
Senior Counsel, Regulatory Law
Johnson & Johnson

Betsy Van Hecke
Vice President, Legal, Cardiac and Vascular Group
Medtronic (Saint Paul, MN)

Scott R. Landau
Associate General Counsel
Mount Sinai Health System

Sarah Levitt
Corporate VP & Assistant General Counsel
AECOM (Los Angeles, CA)

Anne Claire H. Phillips
Chief Government Investigations Counsel, Chief Risk Officer, Legal
U.S. Bank

Moderator:

Andrew W. Schilling
Partner
Buckley 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
10:15

View from the Relator’s Bar

How Honest Companies Wind Up on the Wrong Side of FCA Liability

David Chizewer
Partner
Goldberg Kohn Ltd.

Heidi A. Wendel
Attorney At Law
Law Office of Heidi A. Wendel PLLC

  • Deciding when to file and knowing what factors to consider when bringing a claim
  • Studying strategies for seeking the government’s intervention and dealing with government declination:
    • How to present a strong case
    • When to assist the government’s investigation
  • Figuring out what to do when the government declines and learning how the government can help in a declined case (obtaining information and statements of interest/amicus briefs)
  • Considering when relators go it alone
    • Resolving why more relators are pursuing declined cases

11:15
Morning Coffee Break
11:30
Analyzing the Government’s Evaluation of a Qui Tam Action

Jacob M. Bergman
Assistant United States Attorney
United States Attorney’s Office, Southern District of New York

David Eskew
Chief, Health Care & Government Fraud Unit
United States Attorney’s Office

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

Rebecca Tinio
Assistant United States Attorney
United States Attorney’s Office, Southern District of New York

  • Assessing the impact intervention has on relator’s eventual recoveries, and review recent and impactful cases
  • Understanding Section 370(C)(2)(A) of the FCA, which grants the attorney general the authority to dismiss a Qui Tam action over a relator’s objection
  • Reviewing the effect of government declination on the first-to-file bar

12:30
Networking Luncheon
1:45
Navigating Parallel Proceedings Under the False Claims Act

Nicholas C. Theodorou
Partner
Foley Hoag LLP (Boston, MA)

John Vagelatos
Chief, Affirmative Civil Enforcement
United States Attorney’s Office, Eastern District of New York

  • Reviewing the DOJ’s recent policy advising against “piling on”
  • Understanding the ramifications of the call for civil and criminal US Attorneys to coordinate with one another in parallel investigations in order to ensure fair outcomes proportionate to the wrongdoing at hand
  • Assessing the administration’s focus on streamlining the enforcement of the FCA

2:45
Practical Strategies and Tactics for Effective Settlement Negotiation

Paul Kaufman
Vice President, Office of Legal Affairs
Northwell Health

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

  • 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

3:45
Afternoon Refreshment Break
4:00

Audience Polling

Interactive Ethics Drills: Overcoming Ethical Dilemmas in FCA Cases

Justin A. Chiarodo
Partner
Blank Rome LLP (Washington, DC)

Test your ethical skills with a series of anonymous polling questions on sensitive, complex, hypothetical scenarios. Discover how your approach to tackling ethical dilemmas compares to your peers in real time, and benefit from a hands-on discussion of the polling results and implement important takeaways for your practice.

5:00
Conference Concludes