2nd Annual Executive Forum on False Claims and Qui Tam Enforcement

Registration and Continental Breakfast

Opening Remarks from Conference Co-Chairs

Keynote Address

Inside the Most Significant Legal Issues Arising from False Claims Act Litigation

• The Second Circuit’s August 2014 decision on the extraterritoriality of Dodd-Frank whistleblower protections in Liu v. Siemens A.G.
• The Supreme Court’s review of the Fourth Circuit’s decision in U.S. v. Halliburton regarding important statute of limitations and first-to-file issues.
• Taking sides in a developing circuit split, the Third Circuit’s July 2014 decision rejecting rule 9(b)’s heightened pleading requirement for FCA filings.
• The Seventh Circuit’s August 2014 decision narrowing what constitute “worthless” services under the False Claims Act in US v. Momence Meadows Nursing Center.
• The First Circuit’s August 2014 decision on the tax status of FCA settlement payments in Fresenius Medical Care Holding v. US.
• Limits on false certification theory: What is fraud in the inducement?
• Update on how the false claims act is expanding outside of traditional industries

Networking Break

Is this the end of the Attorney/Client Privilege and Internal Investigations: Has Barko Permanently Changed How Companies Should Proceed?

• Impact of United States ex rel. Barko v. Halliburton and United States ex rel. Baklid-Kunz v. Halifax Hospital Medical Center
• Interpreting the scope of the investigation: Was it conducted for a business purpose rather than for the purpose of obtaining legal advice
• How to manage the investigation difference between investigators or attorneys who perform the investigation
• Preserving the privilege future investigations
• When is an attorney acting as an attorney
• Government disclosure requirements and access by Government auditors and investigators to investigation results

How New False Claims Act and SEC/CFTC Whistleblower Claims Are Fueling Fire in the Financial Sector and Other Industries

• Latest developments in FIREA false claims litigation
• Recent uptick in FCA cases targeting mortgage servicing practices
• Investigations of financial exchanges and banks re allegations of trading fraud
• Lessons learned from recent settlements between the government and financial services organizations
• Implications of increased SEC whistleblower claims

Networking Lunch

Fighting Back: Counterclaims, Fee Shifting, and Sanctions under the FCA

• When can you bring FCA counterclaims and what is the procedure for doing so?
• Responding to theft of sensitive information (HIPAA protected PHI or trade secrets)
• Proactive steps in employment agreements and policies
• FCA litigation between business competitors
• Pushing back against frivolous claims – planning for fee shifting and Rule 11
• What is the view from the courts?
• What kind of experts is necessary for your case?
• Proactive strategies for employers

Industry Roundtable Discussion – How to Minimize the Risk of False Claims Litigation

• Elements of a strong FCA compliance program
• Latest thinking on corporate integrity
• In-house tools to prevent the risk of false claims litigation
• How to strengthen your whistleblower policy
• Best practices to mitigate risks

Networking Break

How Relator Counsel Validate and Investigate a Claim Before the Complaint is Filed

• What is the cause for the increase in recent volume and variety of new claims?
• What is the life cycle of a case?
• How are cases evaluated and investigated?
• Insight into the decision on where to file a case
• Factors considered when the government declines the case
• What happens if the relator is an in-house lawyer?

What Current Healthcare, Medical Devices and Pharmaceutical False Claims Cases Reveal about Future Claims

• Update on the increase in False Claims cases against medical device companies
• Review of recent theories of liability in healthcare and pharmaceutical FCA cases
• Ramification of latest settlements
• New types of cases being filed
• Update on off-label drug promotion, supply chain integrity, responsible corporate officer doctrine and third party audit of billing practices
• Impact of increasing participation by the states

Champagne Roundtables

End the day informally as you share views with your peers on recent False Claims developments

1. Financial Services
2. Healthcare/Pharmaceutical
3. Defense & Aerospace
4. For-Profit Education

Conference Adjourns to Day Two

Co-Chairs’ Opening Remarks

Views from In-House Counsel: How Companies Select Outside Counsel and Manage the Budget for False Claims

• Critical assumptions when preparing the budget
• How to streamline the litigation management process
• What not to do when you receive a subpoena
• How the experts are selected?
• Managing the public relations and reputational risks within your own company and the press
• What tools can assist in monitoring the case

False Claims in the Supreme Court: Update on Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter

The Supreme Court will hear this case on January 21st and Craig Margolis will present an update of his latest arguments.

• Arguments on the Wartime Suspension of Limitation Act (WSLA)
• Does FCA’s first-to-file bar preclude all subsequent related actions?
• How this ruling will affect future cases

Networking Break

Beware of the Expanding Reach of the New York State False Claims Act

• Unique aspects of the New York False Claims Act
• How the New York False Claims Act is being used in Medicaid and non-Medicaid cases
• Overview of significant recent state FCA cases
• Status of legislative actions to expand state FCAs (Both scope and more states)
• Special role of relator counsel and other “private AGs” in state qui tam cases

How to Negotiate with Federal and State Authorities during a Settlement

• Update on recent settlement agreements
• How to identify when is the ideal time to bring up a settlement
• What is negotiable and what should not be discussed
• How to work with an outside monitor
• Developing a different strategy for working with federal and state authorities

Networking Lunch

Interview with a Relator: The Life Cycle of a Claim and Insight into the Lengthy

• The details of the US ex rel. vs. Infosys case
• Reasons for the largest $34 million payment
• His experience with internal retaliation from the employer, including alienation by co-workers and job loss, after illegal activities were reported to Department of Justice Realities of being a whistleblower
• Statistics on internal and external whistleblowers

Procurement Fraud: How to Respond to the Increasing Number of FCA Cases in the Aerospace and Defense Industry

• Review of significant court decisions impacting defense contractors
• When can government contractors be held liable for implied vs. express certifications?
• Is the FCA statute of limitations tolled indefinitely on government contracts?
• How to defend against DOJ’s aggressive FCA liability theories
• DOD’s Fraud Indicators and the increase in referrals to DOJ
• Mandatory disclosure rule – what, when and how to disclose
• How to protect privileged information regarding your investigation

Networking Break

Debate: Should the False Claims Act be Revised?

• Discussion of the Chamber of Commerce & Taxpayers Against Fraud white papers on FCA enforcement
• The impact of recent amendments to the False Claims Act
• Leveraging government resources through the FCA public/private partnership
• Impact of False Claims enforcement on corporations & their legal teams
• False Claims Act enforcement trends

Protect Your Company: Frank Discussion on Insurance Coverage for False Claims

• Are you covered under your standard D & O, E & O, or other liability policies?
• When should you report the matter to the insurance company?
• Are your legal fees incurred in responding to a subpoena or other investigatory demand covered?
• What part of your settlement or judgment may be covered?

Conference Ends