A Year After the SCOTUS SuperValu Decision: Exploring the Impact of the Subjective Scienter Standard on File Strategy and Future Litigation
Andy Mao
Deputy Director, Fraud Section, National Elder Justice Coordinator
U.S. Department of Justice
Eric W. Sitarchuk
Partner
Morgan, Lewis & Bockius LLP
Nicole Mastropieri
Senior Director, Legal Counsel
Teva Pharmaceuticals
Former AUSA, USAO, District of NJ
Ethan P. Davis
Partner
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