Agenda
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Day 1
January 27, 2025
Networking Breakfast and Registration
Jonathan DiesenhausPartner, Litigation, Arbitration, and EmploymentHogan Lovells
Enu MainigiPartnerWilliams & Connolly LLP
Brian Tully McLaughlinPartnerCrowell & Moring LLP
Tejinder SinghPartnerSparacino PLLC
With heightened attention from the Supreme Court, the False Claims Act landscape is undergoing shifts that demand scrutiny. In this conference opening session, participants will hear critical insights into the most significant Supreme Court and lower court rulings transforming the practice. Topics of discussion will include:
- Examining Supreme Court and lower court decisions in cases impacting the enforcement of the False Claims Act including
- U.S. ex rel. Schutte v. SuperValu Inc.
- Universal Health Services, Inc. v. United States ex rel. Escobar
- U.S. ex rel. Polansky v. Executive Health Resources Inc.
- Wisconsin Bell, Inc. v. United States, ex rel. Todd Heath
- Discussing the impact of Loper Bright Enterprises v. Raimondo on FCA enforcement and litigation
- Revisiting the “Brand Memorandum” in the wake of Loper
- Assessing how Loper has shifted the application of the memo in DOJ FCA dismissals
Michael GranstonDeputy Assistant Attorney General, Civil DivisionU.S. Department of Justice
Joseph (Jody) HuntGeneral CounselSamford University(Former Assistant Attorney General, Civil Division, U.S. Department of Justice)
Join Jody Hunt and Michael Granston for an exclusive discussion offering insider perspectives on the latest trends and enforcement priorities under the False Claims Act. This candid conversation will provide invaluable insights into policy shifts, DOJ strategies, and what lies ahead for litigation.
Morning Coffee Break
Zachary CunhaU.S. AttorneyU.S. Attorney's Office, District of Rhode Island
Julie BrackerPartnerBracker & Marcus LLC
Amy KossakPartnerRopes & Gray LLP(Former Senior Trial Counsel, Civil Division, U.S. Department of Justice)
This session will explore the evolving enforcement strategies at DOJ. Topics of discussion will include:
- Reviewing DOJ’s efforts to uncover Pandemic related fraud
- Understanding the impact of DOJ’s new data-driven enforcement efforts on investigations
- Exploring DOJ’s recent focus on telehealth companies in the healthcare and life sciences industries, and what this means for traditional healthcare companies implementing new technologies
- Predicting new focus areas and enforcement priorities under the new administration
Renée BrookerPartnerTycko & Zavareei LLPFormer Assistant Director, Civil Division, USDOJ
Jacob FosterPrincipal Assistant Chief, National Rapid Response Strike Force, Fraud Section, Criminal DivisionU.S. Department of Justice
Jaime RaichChief Counsel, Global InvestigationsGE Aerospace(Former AUSA, Southern District of FL)
This session will explore DOJ’s new Corporate Whistleblower Awards Pilot Program and the far-reaching impact on compliance, enforcement, and legal strategies. Topics of discussion will include:
- Unveiling DOJ’s new program and its potential to expose corporate fraud
- Exploring how SEC, CFTC, and FinCEN programs will amplify compliance and enforcement efforts
- Examining the impact on defense and relator strategies
- Predicting the effects of the program on risk mitigation and legal strategies
Networking Lunch
Brian MillerSpecial Inspector General for Pandemic Recovery U.S. Department of Treasury
Brian LaMacchiaChief, Affirmative Civil Enforcement Unit, District of MassachussetsUnited States Attorney’s Office
Amanda RiedelDirector, COVID-19 Fraud Enforcement Task ForceU.S. Department of Justice
Erek BarronUS Attorney for the District of MarylandUnited States Attorneys’ Office
In 2020, in the wake of the COVID-19 Pandemic, a Special Inspector General for Pandemic Recovery position was created by CARES Act. The office and position are scheduled to sunset on March 28, 2025. Join Special Inspector General Brian Miller as he speaks with government officials from across the enforcement landscape on:
- Assessing the work of the DOJ Task Force on COVID-19 Fraud Enforcement
- Revisiting recent pandemic fraud cases involving False Claims Act enforcement in the District of Massachusetts, such as the Kabbage case
- Examining pandemic fraud enforcement in the District of Maryland, and
- Reviewing the 5-year tenure of the Office of the Special Inspector General for Pandemic Recovery
Alice M. EldridgeSenior Vice-President & General Counsel BAE Systems, Inc.
Lisa NollerPartnerFoley & Lardner LLP
Charlene Keller FullmerDeputy Chief, Civil DivisionUSAO, Eastern District of PA
This session will detail the intricacies of self-disclosure credit programs from DOJ, OIG, and HHS, explaining how companies can leverage these programs to mitigate risk. We will look closer at how to determine if, and when, disclosure should be made. Topics of discussion will include:
- Understanding how these voluntary self-disclosure programs operate and interact
- Learning the criteria for receiving credits when voluntarily disclosing potential violations
- Exploring the importance of Voluntary Self-Disclosure (VSD) in compliance strategies
- Maximizing the benefits to protect your organization
- Untangling the impact of self-disclosure on internal company structures
- Concerns regarding fiduciary duty to stakeholders
- Assessing when VSD is appropriate for your client
Afternoon Networking Break
Matthew J. CannonShareholderGreenberg Traurig, LLP
Former AUSA, USAO Central District of IL
Lyndsay A. GortonCounselCrowell & Moring LLP
Ann McRitchieAssistant General CounselAmentum
Christian D. SheehanPartnerArnold & Porter Kaye Scholer LLP
This session will explore the constitutional challenges to the FCA’s qui tam provisions, including key rulings and dissenting opinions that question its fate. Topics of discussion will include:
- Examining U.S. ex rel. Polansky v. Executive Health Resources Inc. and Justice Clarence Thomas’s dissent on (c)(2)(A)
- Analyzing the impact of lower court cases
- Discussing the transforming landscape with cases like Zafirov v. Florida Medical Associates LLC and United States v. ExacTech Inc.
ROUNDTABLE
Champagne Roundtables
End of Day 1
Day 2
January 28, 2025
Networking Breakfast and Registration
Heather BloomDirector and Associate General Counsel for Litigation and Compliance Lockheed Martin
Paul KaufmanVice President & Deputy General CounselNorthwell Health
Adam YoffieExecutive Director, Head of C&E Investigations & Integrity LineBristol-Myers Squibb Company(Former U.S. Trial Attorney, Health Care Fraud Strike Force, USDOJ)
Maintaining a strong compliance practice that protects your company, fosters good DOJ relations, and avoids fraud requires robust internal systems. To succeed, you must track compliance rigorously and ensure full cooperation with agency requests – actions that can save or cost millions. During this in-house led roundtable, topics of discussion will include:
- Maintaining and utilizing data analytics to ensure consistent compliance and safeguard against potential self-incrimination
- How to defend a case in which a company’s data may indicate outliers without providing the complete picture
- How to prosecute a case in which a company’s data is self-incriminating without the capacity to comprehensively analyze said data
- Identifying how and when to look further into a whistleblower complaint
- Analyzing the intersection between internal data analysis and the scienter standard to avoid constructive knowledge of fraud
- Understanding how to comply sufficiently and promptly with a CID, Subpoena, or Civil Request to avoid unnecessary delay and ensure cooperation with investigative action
Roderick ThomasPartnerWiley Rein LLP
John KokkinenSenior Associate General Counsel - Optum LitigationUnitedHealth Group
(Former Assistant United States Attorney, Criminal Health Care Fraud Coordinator, U.S. Department of Justice)
This practical session will explore key milestones in an FCA case where strategic decisions can save time, money, and protect your reputation. Topics of discussion will include:
- Identifying exit strategies at every stage of government intervention
- Determining whether to settle with the government or take a case to trial after the government has intervened
- Establishing strategies for settlements to limit expense and prepare for success should there be additional civil or criminal trials
Morning Coffee Break
Richard HayesChief Civil DivisionU.S. Attorney’s Office, Eastern District of New York
Maurice BellanPartner | Managing Partner WashingtonBaker & McKenzie LLP
Jay DewaldPartner | Head of Healthcare Investigations Norton Rose Fulbright US LLP
Rebecca J. HillyerPartnerMorgan, Lewis & Blockius LLP
This session will examine the connection between the AKS statute and the FCA, exploring how violations of one can trigger liabilities under the other. Topics of discussion will include:
- Analyzing the 2010 ACA amendments that ties AKS violations to FCA claims
- Examining the growing body of case law and the implication for legal strategy, including Grenfield, Cairns, Martin, Teva, and Regeneron
- Understanding how the circuit split and its implications for future risk mitigation
Networking Lunch
Lisa KutlinSenior Compliance Counsel, InvestigationsPfizer
Jenelle BeaversManaging DirectorAlvarez & Marsal Holdings, LLC
Clarissa PinheiroAssistant US Attorney for the Southern District of FloridaUnited States Attorneys’ Office
This panel will identify new focus areas in healthcare fraud enforcement, with special attention paid to emerging technologies including Telehealth platforms, data analytics, and AI. Topics of discussion will include:
- Exploring FDA compliance requirements in the evolving healthcare landscape
- Utilizing data analytics and AI to strengthen compliance and prevent fraud risks
- Examining cases like United States ex rel. Doe v. eviCore Healthcare MSI and Shire Pharmaceuticals to understanding emerging enforcement priorities
- Identifying insights from healthcare that can inform compliance strategies in other industries adopting new technologies
State and Federal Enforcement: Understanding the Similarities and Distinctions Between Investigations at Every Level
Jennifer M. WollenbergPartnerMorgan, Lewis & Blockius LLP
Sara VannSenior Assistant Attorney General, Medicaid Fraud DivisionOffice of the Attorney General of the State of Georgia
With over 30 states enforcing FCA statutes alongside federal provisions, enforcement is growing in both arenas. This session will provide an in-depth exploration of the evolving interplay between state and federal efforts, highlighting key trends, challenges, and opportunities for navigating this increasingly complex enforcement landscape.
Afternoon Networking Break
Jolie ApicellaPartnerWiggin & Dana LLP
Former Chief, Civil Health Care Fraud, USAO, Eastern District of NY
Mary InmanPartnerWhistleblower Partners
Jake M. ShieldsFormer Senior Trial Counsel, Civil Division, Fraud SectionU.S. Department of Justice
Recently the DOJ has emphasized holding third parties accountable when they have caused the submission of false claims. These “third parties” increasingly include private equity firms, particularly in the healthcare industry. Topics of discussion will include:
- When do private equity companies become liable for fraudulent acts by the companies in which they invest?
- How do private equity companies ensure safety from liability?
- How do companies and their funders work together to remain diligent?
- Lessons learned from PE cases that can be applied across other industries facing FCA scrutiny
Luke MeierPartnerBlank Rome LLP
Jillian EstesPartnerMorgan Verkamp LLC
- Identifying potential ethical pitfalls when utilizing AI for document and data review
- Maintaining privilege while gaining efficiency through new digital technologies
- Avoiding possible ethical violations when utilizing gag orders in litigation and settlement strategies