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« All Events


[VIRTUAL] 2022 QUI TAM CONFERENCE


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

 * « Washington State Chapter: Monthly Chapter Meeting
 * Tax Law Conference »


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




WEDNESDAY, FEBRUARY 23

All times are in Eastern Standard Time (EST)

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

KEYNOTE SPEAKER

 * Gregory E. Demske, Chief Counsel to the Inspector General, HHS, Office of
   Inspector General

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

Our fifth annual Year in Review panel will provide an overview of the
significant developments in False Claims Act case law, settlements, and
FCA-related government policies of 2021. Panelists will review and
discuss notable developments in the Department of Justice’s policies within the
Biden Administration. These include the future directions of the Granston Memo
and Brand Memo, as well as notable appellate cases on causation, and fraudulent
inducement, materiality, and pleading under 9(b). 

 * 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 Cyber Fraud

This panel will discuss how the False Claims Act (FCA) can be used as an
effective weapon against cyber fraud.  The U.S. Department of Justice announced
a Civil Cyber-Fraud Initiative in October of 2021.  The Civil Cyber-Fraud
Initiative will employ the False Claims Act to pursue cybersecurity related
fraud by government contractors and grant recipients.  Panelists will explore
theories of liability and damages to include knowing failures to comply with
cybersecurity standards, knowing misrepresentations of security controls and
practices, and recognizing failures to timely report suspect breaches. 

 * Renée Brooker, Partner, Tycko & Zavareei LLP (moderator)
 * Colleen Kennedy, Deputy Chief, U.S. Attorney’s Office, Eastern District of
   California
 * Michael Ronickher, Partner, Constantine Cannon LLP
 * 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, Fraud Section, Civil Division, U.S.
   Department of Justice (moderator)
 * Amy L. Easton, Partner, Phillips & Cohen LLP
 * David Leviss, Partner, O’Melveny & Myers LLP
 * Carolyn Tapie, Assistant U.S. Attorney, U.S. Attorney’s Office, Middle
   District of Florida


THURSDAY, FEBRUARY 24

All times are in Eastern Standard Time (EST)

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

KEYNOTE SPEAKER

 * Matthew M. Graves, U.S. Attorney for the District of Columbia

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

This panel will explore the government’s most recent target for False Claims Act
(FCA) liability – private equity (PE) actors and their principals. The
discussion will review the changes within the healthcare landscape, fueled by
both the DOJ’s focus on PE firms and executives whose management allegedly
created or perpetuated fraud schemes. Panelists will also highlight the
importance of pre- and post-acquisition due diligence in the healthcare space or
any other highly regulated industry.

 * Pamela Brecht, Partner, Pietragallo Gordon Alfano Bosick & Raspanti, LLP
   (moderator)
 * Angela Humphreys, Chair, Healthcare Practice, Co-Chair Healthcare Private
   Equity Team, Bass, Berry & Sims PLC
 * Habib Ilahi, Partner, Stinson LLP

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 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 Arant Boult Cummings LLP
 * Kathleen McGinty, Acting Deputy Director, Fraud Investigations Group, 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, Constantine Cannon LLP
 * Stephen Lee, Partner, Benesch, Friedlander, Coplan & Aronoff LLP


FRIDAY, FEBRUARY 25

All times are in Eastern Standard Time (EST)

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

The U.S. Department of Justice will rely on the False Claims Act (FCA) to pursue
fraud in connection with the more than $5 trillion in pandemic-related spending
authorized by Congress. This panel will discuss the emerging trends in FCA
enforcement relating to pandemic response programs, featuring diverse
perspectives from attorneys representing whistleblowers, defendants, and the
government in connection with False Claims Act matters.  Among other things, the
panel will discuss developments, challenges, and misconceptions relating to FCA
enforcement in this emerging area.

 * Colin Huntley, Deputy Director, Fraud Section, Civil Division, U.S.
   Department of Justice (moderator)
 * Erica Blachman Hitchings, Partner, Whistleblower Law Collaborative, 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

This panel of experienced qui tam Plaintiff lawyers will provide an in-depth
discussion on the evolution of qui tam cases, from the traditional individual
whistleblower to the corporate relator. Join this impressive panel of lawyers in
their discussion about the various forms of relators, including corporations and
professional data miners, and the motivation behind these relator types. The
panel will share their experiences with true corporate relators versus corporate
fiction and provide useful insight as to how courts have been perceiving these
various relator forms.  The panel will also discuss modern alternatives to the
traditional relator, such as relator coalitions, and the driving factors behind
creating such arrangements.  The panelists will also provide an overview of some
of their more notable cases and what they learned from representing the “modern
relator.”

 * Alison Hawthorne, Principal, Beasley Allen (moderator)
 * James F. Barger, Jr., Principal, Frohsin Barger Walthall & Bucy
 * 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 and Pursuing Medicare Part C and
Medicaid Managed Care Cases—Falsity and Damages

This panel will address proving falsity and damages in Medicare Part C and
Medicaid Managed Care FCA cases. We will discuss how to successfully evaluate
falsity in the Part C context and satisfy materiality concerns, focusing on risk
adjustment cases. With respect to damages, the panel will address damages
theories in two contexts–fraud by the Managed Care insurers or plan programs and
fraud by providers and intermediaries or vendors on the Managed 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, 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 | Refereeing the FCA: The View from the Bench

This panel of federal judges will provide us with a view from the bench as they
discuss pre-litigation matters (such as sealing extensions) and gate-keeper
issues (such as the public disclosure bar 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 falsity and
materiality, and key considerations at the motion to dismiss, discovery, and
summary judgment phases of the litigation.  The session will conclude with a
jurist’s perspective on some of the topics raised during earlier conference
panels – for example, cyber fraud enforcement.

 * Naana Frimpong, Partner, DLA Piper LLP (moderator)
 * Hon. Amy Totenberg, Senior U.S. District Judge, U.S. District Court, Northern
   District of Georgia
 * Hon. John Michael Vazquez, U.S. District Judge, U.S. District Court, District
   of New Jersey
 * Hon. Andrea R. Wood, 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 10.5 CLE credits (12.6 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

Conference Supporter
David Haron | Hoyer Law Group, PLLC

Interested in sponsoring this event? View our Sponsorship Prospectus and
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 10.5 CLE credits (12.6 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 @ 12:00 pm End: February 25 @ 5:00 pm Event Category: Qui Tam
Section Register


VENUE

Online US
 * « Washington State Chapter: Monthly Chapter Meeting
 * Tax Law Conference »


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