Cocktails and Industry Think Tanks with ACI’s FCA Advisory Board

January 23, 2024 6:00pm

Attendees are invited to select one of the think tank topics below for structured networking and discussion. Each think tank will be moderated by a member of the Advisory Board.

Procurement Fraud

  1. In the government contracting space, what strategies and factors do you use to
    calculate loss?

    Moderated by: Alice M. Eldridge, Senior Vice-President & General Counsel, BAE Systems, Inc

  2. Explore what government contractors can and should be doing today to protect against
    potential FCA liability from grants received under Biden’s infrastructure bill

    Moderated by: Patrick McCarthy, Senior Vice President, Managing General Counsel, Fluor Mission Solutions

    Life Sciences and Healthcare

  3. How are attorneys adapting their arguments in light of the circuit splits on but-for
    causation between alleged kickbacks and the claim?

    Moderated by: Lisa Kutlin, Senior Compliance Counsel, Investigations, Pfizer

  4. Discuss the advantages and the risks of the increasing use of technology in healthcare
    and the life sciences (electronic health records, real word devices/evidence, telemedicine)

    Moderated by: Adam Yoffie, Senior Corporate Counsel – Litigation and Government Investigations, Bristol-Myers Squibb Company, Former U.S. Trial Attorney, Health Care Fraud Strike Force, U.S. Department of Justice

    Constitutional and Legislative

  5. What do you think of Justice Thomas’s dissent in Polansky? Are the Qui Tam provisions
    unconstitutional, and is a constitutional challenge likely? What would it mean for FCA
    practitioners if these provisions become unconstitutional?

    Moderated by: Ann Claire H. Phillips, Senior Vice President, Chief Government Investigations Counsel, Chief Risk Officer, Legal, U.S. Bancorp, Former AUSA

  6. Discuss Senator Grassley’s proposed amendments on the FCA – do you support his
    perspective on materiality? Why or why not?

    Moderated by: Kevin Gingras, Vice President & Associate General Counsel Litigation & Compliance, Lockheed Martin Corporation, Former Trial Attorney, FCPA Unit, Fraud Section, Criminal Division, U.S. Department of Justice