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

January 21, 2015 1:45pm

Michael Paulhus
Partner
King & Spalding

Joshua G. Schiller
Associate General Counsel
Omnicare, Inc. (Cincinnati, OH)

  • 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