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

January 21, 2015 9:30am

William Harrington
Partner
Goodwin Procter LLP (New York, NY)

Stephen Payne
Partner
Gibson, Dunn & Crutcher LLP (Washington, DC)

David Shapiro
General Counsel and Senior Vice President
DaVita Kidney Care (Denver, CO)

Laura Laemmle-Weidenfeld
Partner
Jones Day (Washington, DC)

  • 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