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« All Events


[VIRTUAL] 2022 QUI TAM CONFERENCE


FEBRUARY 23, 2022 @ 12:00 PM - FEBRUARY 25, 2022 @ 5:00 PM EST

 * « Webinar: Pablo Picasso and the Art of Pleading, Proving and Arguing Foreign
   Law in U.S. Courts with Judge Loretta Preska
 * 2022 [Virtual] Thurgood Marshall Moot Court Competition »


THE FALSE CLAIMS ACT – LINCOLN’S LAW MEETS THE 21ST CENTURY

Join the FBA’s Qui Tam Section for a three-day virtual conference from February
23 to February 25, 2022, starting at 12:00pm ET each day. This year’s conference
will focus on how the False Claims Act (FCA), a law from the 19th Century, is
meeting a host of 21st Century challenges that range from telemedicine to
cybersecurity to data mining. We’ll also highlight emerging DOJ priorities,
including fraud in pandemic-related spending and Medicare Part C.

This annual event, dubbed “the Oscars for False Claims Act nerds” by a 2020
panelist, provides timely perspectives from all sides of the FCA ecosystem:
prosecutors, relator-side attorneys, defense counsel, inspectors general,
federal judges, and in-house counsel.

Earn CLE credit while getting insight from the nation’s top echelon of FCA
practitioners — all from the comfort of your desk.

[Register Online]

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AGENDA

All times are in Eastern Standard Time (EST)


WEDNESDAY, FEBRUARY 23

12:00 PM – 1:00 PM ET | Welcome Remarks and Keynote Presentation

 1:10 PM – 2:10 PM ET | Year in Review

This panel will discuss developments in False Claims Act (FCA) law, focusing on
appellate decisions and prominent trends in the lower courts in 2020 and early
2021. Topics will include, but not limited to, issues of pleading and proof in
medical necessity cases, recent decisions applying the materiality requirement,
the Supreme Court’s decision in Cochise Consultancy, Inc. v. United States ex
rel. Hunt, and government motions to dismiss relators’ FCA cases.

 * John R. Thomas, Jr.,  Partner, Hafemann Magee Thomas (moderator)
 * Jessie K. Liu, Partner, Skadden, Arps, Slate, Meagher & Flom LLP
 * Tejinder Singh, Partner, Goldstein & Russell, P.C.
 * Claire M. Sylvia, Attorney, Phillips & Cohen LLP

2:20 PM – 3:20 PM ET | The False Claims Act as a Weapon Against Cybersecurity
Fraud

The Deputy Assistant Attorney General for the U.S. Department of Justice Civil
Division stated in his most recent “False Claims Act State of the Union”
address: “cybersecurity related fraud is another area where we could see
enhanced False Claims Act activity. With the growing threat of cyberattacks,
federal agencies are increasingly focused on the importance of robust
cybersecurity protections. Where such protections are a material requirement of
payment or participation under a government program or contract, the knowing
failure to include such protections could give rise to False Claims Act
liability.” This panel will explore how the False Claims Act (FCA) can be used
as an effective weapon against cybersecurity breaches, including theories of
liability and damages; and President Biden’s executive order on improving the
nation’s cybersecurity and how it impacts FCA enforcement.

 * Renée Brooker, Partner, Tycko & Zavareei LLP (moderator)
 * Colleen Kennedy, Deputy Chief, U.S. Attorney’s Office, Eastern District of
   Florida
 * Michael Ronickher, Partner, Constantine Cannon
 * Jennifer Short, Partner, Blank Rome LLP

3:30 PM – 4:30 PM ET | Prosecuting Telehealth Fraud Under the False Claims Act

This panel will discuss the use of the False Claims Act (FCA) to combat the
rapidly increasing problem of telehealth fraud. Topics will include recent U.S.
Department of Justice settlements, the interaction of criminal and civil
remedies, and the difficulty in recouping the substantial amount of public funds
that are often obtained through illegal telehealth operations. The panel will
also discuss the differing perspectives on these issues held by each of the
three parties in an FCA case.

 * David Wiseman, Assistant Director, U.S. Department of Justice, Civil Fraud
   Section (moderator)
 * Amy L. Easton, Partner, Phillips & Cohen
 * David Leviss, Partner, O’Melveny & Myers
 * Carolyn Tapie, Assistant U.S. Attorney, U.S. Attorney’s Office, Middle
   District of Florida


THURSDAY, FEBRUARY 24

12:00 PM – 1:00 PM ET | Welcome Remarks and Keynote Presentation

1:10 PM – 2:10 PM ET | Private Equity – The Newest Face at the FCA Table

The panel will explore the government’s most recent target for False Claims Act
(FCA) liability – private equity actors and their principals whose management
either creates or perpetuates fraud schemes.

 * Pamela Brecht, Partner, Pietragallo Gordon Alfano Bosick & Raspanti, LLP
   (moderator)
 * Angela Humphreys, Chair, Healthcare Practice Group
 * Habib Ilahi, Partner, Stinson

2:20 PM – 3:20 PM ET | Moneyball: The Use of Data Analytics in False Claims Act
Cases

Hear government, relators’ and defense counsel perspectives on the evolving use
of data analytics in False Claims Act (FCA) cases, including: proactive
government and corporate efforts to identify vulnerabilities and stop fraud;
government and data-driven relators’ use of outlier analyses to identify
possible False Claims Act violations; the government’s use of data to
investigate and enhance qui tam allegations; and  defense strategies and legal
headwinds in data-driven cases.

 * Matthew Howatt, Assistant U.S. Attorney, U.S. Attorney’s Office, Eastern
   District of Pennsylvania  (moderator)
 * Jason Mehta, Partner, Bradley
 * Kathleen McGinty, Acting Deputy Director, Investigations and Fraud Prevention
   Partnerships Group, Centers for Medicare & Medicaid Services, Center for
   Program Integrit, U.S. Centers for Medicare & Medicaid Services
 * Jeremy Wells, Partner, Reid Collins & Tsai LLP

3:30 PM – 4:30 PM ET | Statistical Sampling and the False Claims Act: Update and
Trends

This panel will feature perspectives from former government officials, as well
as members of the defense and whistleblower bars, to examine the perennial issue
of statistical sampling in civil fraud cases. The panel will review the legal
landscape and provide a history of the use of statistical sampling in False
Claims Act (FCA) cases. The panelists will discuss their experiences with
sampling in a range of cases and provide practical advice on when sampling is
appropriate and how it can be used effectively. The panelists will also discuss
where statistical sampling might be headed in the future.

 * Benjamin C. Mizer, Partner, Jones Day (moderator)
 * Matthew D. Benedetto, Partner, WilmerHale
 * Mary Inman, Partner, Benesch, Friedlander, Coplan & Aronoff LLP
 * Stephen Lee, Partner, Coplan & Aronoff LLP


FRIDAY, FEBRUARY 25

12:00 PM – 1:00 PM ET | Pandemic-Related Fraud and the FCA

With more than $5 trillion in pandemic-related spending authorized by Congress,
the U.S. Department of Justice will rely on the False Claims Act (FCA) to pursue
fraud in connection with an array of pandemic relief programs. This panel will
discuss the emerging trends in FCA enforcement relating to pandemic response
programs, featuring differing perspectives of whistleblower lawyers, defense
attorneys, and DOJ attorneys who will discuss the challenges and misconceptions
relating to FCA enforcement in this area.

 * Colin Huntley, Deputy Director, Fraud Section, Commercial Litigation Branch,
   Civil Division, U.S. Department of Justice, Civil Division (moderator)
 * Erica Blachman-Hitchings, Partner, Whistleblower Law Collaberative, LLC
 * Jeffrey Gleason, Partner, Robins Kaplan LLP
 * Paul Kaufman, Assistant U.S. Attorney, U.S. Attorney’s Office, Eastern
   District of Pennsylvania

1:10 PM – 2:10 PM ET | The Modern Relator

The evolution of qui tam cases, from the traditional whistle blower to the
corporate relator. Join this experienced panel which will discuss the viability
and advisability of multiple relator forms including corporations, partnerships,
and LLCs.

 * Alison Hawthorne, Principal, Beasley Allen (moderator)
 * Suzanne E. Durrell, Managing Member, Whistleblower Law Collaborative LLC
 * Larry Golston, Principal, Beaslet Allen Law Firm
 * Jason Marcus, Principal, Bracker & Marcus LLC
 * Robert “Bob” Thomas, Jr., Managing Member, Whistleblower Law Collaborative
   LLC

2:20 PM – 3:35 PM ET | Strategies in Evaluating aannd Pursuing Medicare Part C d
Medicaid Managed Care Cases—Falsity and Damages

This panel will address both falsity and damages in Medicare Part C and Medicaid
Managed Care False Claims Act (FCA) cases. Panelists will discuss how to
properly evaluate falsity in the Part C context, focusing particularly on risk
adjustment cases. With respect to damages, the panel will address theories of
damages in two contexts–fraud by the Managed Care program itself, and fraud by
providers on the Manage Care program.

 * Sara Vann, Assistant Attorney General, Medicaid Fraud Division, Office of the
   Attorney General, State of Georgia (moderator)
 * Edward Crooke, Assistant Director, Fraud Section, Commercial Litigation
   Branch, Civil Division, U.S. Department of Justice
 * Eva Gunasekera, Partner, Tycko & Zavareei LLP
 * Adam Tarosky, Partner, Nixon Peabody LLP

3:45 PM – 5:00 PM ET | Arbiters of FCA Disputes Weigh In

This panel of federal judges will provide us with a view from the bench as they
discuss pre-litigation matters such as compliance with (and challenges to) Civil
Investigative Demands and gate-keeper issues such as the first-to-file rule and
the government’s discretion to dismiss qui tam cases. The panel will also
include discussion of recent developments in substantive False Claims Act (FCA)
law, such as the fraudulent inducement theory and materiality, particularly as
it relates to the scope and reach of discovery requests.

 * Naana Frimpong, Partner, DLA Piper LLP (moderator)
 * Hon. Amy Totenberg, Senior U.S. District Judge, U.S. District Court, 
   Northern District of Georgia
 * Hon. Andrea R. Wood, Judge, U.S. District Judge, U.S. District Court,
   Northern District of Illinois

--------------------------------------------------------------------------------


REGISTRATION

Registration for this event will close Friday, February 18, 2022

REGISTRATION FEES

Early Bird Registration will be available through Friday, January 21, 2022.
Standard Registration will begin after Friday, January 21, 2022. 

Early Bird Standard Full Conference Rates FBA Sustaining Member $340 $385 FBA
Member $360 $405 Qui Tam Section Member $295 $350 Nonmember $540 $585
Government/Academic $270 $315 Law Student/Judicial $90 $135 Single Day Rates FBA
Sustaining Member $190 $230 FBA Member $200 $220 Qui Tam Section Member $180
$200 Nonmember $280 $300 Government/Academic $160 $180 Law Student/Judicial $60
$80

[Register Online]

--------------------------------------------------------------------------------

Live Captioning
Closed captioning is available for all virtual webcasts.

Cancellation Policy
No refunds will be made for cancellations received after the close of business
on Wednesday, February 10, 2021. Please contact Ariel White (awhite@fedbar.org)
with cancellation and/or substitution requests.

Internet Requirements: Virtual programs require suitable internet strength to
stream online panels with the Virtual Access Package. A minimum internet
connection of 800 Kbps is recommended for an optimal attendee experience. Test
your connection here.

--------------------------------------------------------------------------------


CLE

Attendees can receive up to 12 CLE credits (14.4 credits for 50-min states).

Certificates and credit for these virtual panels will be processed/reported
within 4-6 weeks of the event date and available for credit in states that allow
credit for live webinar presentations. You must attend the live broadcast,
answer engagement polls, and accurately enter your bar number in our database to
receive credit.

--------------------------------------------------------------------------------


SPONSORS

Interested in sponsoring this event? Contact sponsor@fedbar.org for more
information.

--------------------------------------------------------------------------------


FREQUENTLY ASKED QUESTIONS

Q: What type of educational credit will be offered in the virtual format?
A:Attendees can receive up to 12 CLE credits (14.4 credits for 50-min states).
Please check with your respective state(s) for distance learning CLE
requirements.

Q: How do I obtain CLE Credit?
A: All registrants will be prompted to submit state bar information prior to the
virtual series to ensure accurate CLE reporting. Credits will be
processed/reported within 4-6 weeks of the webinar event date and available for
credit in states that allow credit for live webinar presentations. Your bar
number must be accurate in our database to receive credit. We will share
detailed instructions with registrants for CLE reporting.

Q: How do I access the virtual panels?
A: Virtual panels will each have a unique link to watch the live broadcast.
Registered attendees will receive login instructions via a welcome email and
calendar invitations the week of the conference.

Q: Will recordings of the sessions be available after the event?
A: Sessions will be available for registrants to view live and on-demand
following the conference. Please note that CLE credit will only be submitted for
attendees that watch the live broadcast.

Q: Who do I contact for more information?
A: Please contact meetings@fedbar.org for any other questions.

--------------------------------------------------------------------------------

Email Communication Policy
By registering for this event, you agree to receive email communications from
the Federal Bar Association and affiliated sponsors of the program concerning
event details, Continuing Legal Education certification, programming changes,
upcoming events, surveys, and post-event communications.

Recording Disclaimer
By registering for an online FBA program, you agree to the recording of audio
and visual content presented during the live event and consent to subsequent use
of the recording by the FBA. You agree that the recording is the sole property
of the FBA and that the recording may be used by the FBA in any manner in its
sole and absolute discretion. This recording may include questions and poll
responses provided by you during the live event. If you do not consent to the
recording and the FBA’s use of the same, do not register for the event.

Financial Assistance
Program registrants (both FBA members and nonmembers) who are unable to afford
the registration fee may receive a 50% discount on the member rate. Qualifying
attorneys include those who are unemployed or actively seeking employment. A
formal letter requesting the discount must be emailed to meetings@fedbar.org.
That letter needs to state the reason for the attorney’s interest in the course
or activity, as well as proof of income or an explanation of the financial
hardship, and it must be signed by the requesting lawyer.

If you have any questions regarding this program, please contact
meetings@fedbar.org.

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DETAILS

Start: February 23, 2022 @ 12:00 pm End: February 25, 2022 @ 5:00 pm Event
Category: Qui Tam Section Register


VENUE

Online US


RELATED EVENTS


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   TENNESSEE
   
   November 4 @ 12:00 pm - 2:00 pm EDT

 * « Webinar: Pablo Picasso and the Art of Pleading, Proving and Arguing Foreign
   Law in U.S. Courts with Judge Loretta Preska
 * 2022 [Virtual] Thurgood Marshall Moot Court Competition »


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