A Year After the SCOTUS SuperValu Decision: Exploring the Impact of the Subjective Scienter Standard on File Strategy and Future Litigation

January 23, 2024 9:00am

Andy Mao
Deputy Director, Fraud Section, National Elder Justice Coordinator
U.S. Department of Justice

Eric W. Sitarchuk
Morgan, Lewis & Bockius LLP

Nicole Mastropieri
Senior Director, Legal Counsel
Teva Pharmaceuticals
Former AUSA, USAO, District of NJ

Ethan P. Davis
King & Spalding LLP
Former Acting Assistant AG, Civil Division, USDOJ

  • Learning how defense and relator’s counsel are rethinking the strength of their cases in light of the new standard
    • Is early dismissal based on lack of scienter harder to prove?
    • How should defense and relator’s counsel react?
  • Learning the best strategies for advancing the defense of good faith misinterpretation of the terms of a requirement that is material to the decision to pay
  • Addressing how the lower courts interpret the Supreme Court’s clarifications regarding reckless disregard
  • Understanding how relator’s counsel and government counsel review their cases for merit in light of the subjective scienter standard