Ninth National Institute on the Civil False Claims Act and Qui Tam Enforcement June 6-8, 2012 Ritz-Carlton Washington, DC Look inside for Course Curriculum, Faculty Roster, Early Bird Savings and more! June 6-8, 2012 – Ritz-Carlton | Washington, DC Ninth National Institute on the Civil False Claims Act and Qui Tam Enforcement This CLE National Institute will draw experts nationwide Curriculum Highlights: from the DOJ, state AG offices, federal agencies and • Fundamentals of the Civil more to discuss the ever-changing field of litigation False Claims Act and Qui Tam and enforcement. Enforcement • Learn strategies from qui tam attorneys who specialize in FCA • State Qui Tam Enforcement litigation • Ethics in Qui Tam Litigation • Gain practical knowledge on how to expand your qui tam practice • Increase your knowledge of compliance and fraud investigation procedures Hotel Information Register at www.ambar.org/2012civil The Ritz-Carlton Hotel 1150 22nd Street NW Washington, DC Save up to $175 when you register (202) 835-0500 before April 10, 2012. Rate: $339 Early Bird Advance Rate Standard Rate Rate Effective Apr. 11 Effective May 9 Mention the ABA to receive the General Public $1,190 $1,285 $1,365 discounted rate. ABA Members $1,095 $1,175 $1,255 Criminal Justice Section Members $950 $1,025 $1,095 Health Law Section Members $950 $1,025 $1,095 Airline Information Section of Labor and $950 $1,025 $1,095 Airline discount codes are Employment Law available for ABA Meetings as follows: Section of Public Contract Law $950 $1,025 $1,095 American Airlines: Government Lawyers / Employees $475 $515 $550 Call (800) 433-1790 and mention Fees do not include travel or lodging. code A7112TT. United Airlines: Earn 14.25 CLE Credits Call (800) 521-4041 and mention Including 1.25 hours of Ethics Credit. code 578IG. Virgin America Airlines: Presented by Go to www.virginamerica.com Criminal Justice Section and mention code VXABA. Health Law Section More details at Section of Labor and Employment Law www.americanbar.org/travel Section of Public Contract Law Center for Continuing Legal Education National Association of Medicaid Fraud Control Units ABA CLE National Institutes bring you face to face with nationally Not an ABA Member? recognized experts on substantive topics — often while fulﬁlling Join NOW! most of your annual CLE requirements. www.ambar.org/join Faculty Katherine A. Lauer Ethan M. Posner Donald Williamson Luncheon Keynote Keynote Speaker Speaker Latham & Watkins LLP San Diego, CA Covington & Burling LLP Washington, DC Senior Trial Counsel Civil Division U.S. Department of Justice Stuart F. Delery Washington, DC Frederic M. Levy Judith Rabinowitz Acting Assistant Attorney General McKenna Long & Aldridge LLP Assistant Director Civil Division Washington, DC Commercial Litigation Branch Sara Winslow Civil Division Assistant U.S. Attorney U.S. Department of Justice U.S. Department of Justice U.S. Attorney for the Washington, DC Marcia G. Madsen Washington, DC Northern District of California Mayer Brown LLP San Francisco, CA Washington, DC Marc S. Raspanti Pietragallo Gordon Alfano Consuelo Woodhead Daniel Anderson Jonathan L. Diesenhaus Andy Mao Bosick & Raspanti LLP Deputy Chief, Deputy Director Hogan Lovells Senior Counsel for Health Care Philadelphia, PA Major Frauds Section Commercial Litigation Branch Washington, DC Fraud and Elder Justice Office of the United States Civil Division Commercial Litigation Branch Attorney for the Central District U.S. Department of Justice Civil Division Robert S. Salcido of California Washington, DC Suzanne E. Durrell U.S. Department of Justice Akin Gump Strauss Hauer Los Angeles, CA Durrell Law Office Washington, DC & Feld LLP Milton, MA Washington, DC Marcella Auerbach Jamie Ann Yavelberg Nolan & Auerbach, P.A. Paul B. Martins Assistant Director Ft. Lauderdale, FL Brian C. Elmer Helmer, Martins, Rice & Eric W. Sitarchuk Commercial Litigation Branch Crowell & Moring LLP Popham Co., L.P.A. Morgan, Lewis & Bockius LLP Civil Division Washington, DC Cincinnati, OH Philadelphia, PA U.S. Department of Justice Douglas W. Baruch Washington, DC Fried, Frank, Harris, Shriver & Jacobson LLP Charles W. Gambrell, Jr. Kevin M. McCall Shelley R. Slade Washington, DC Director Assistant General Vogel, Slade & Goldstein, LLP Office of the Attorney General Counsel – Investigations Washington, DC South Carolina Medicaid Fraud Northrop Grumman Corporation Michael I. Behn Control Unit Falls Church, VA Behn & Wyetzner, Chartered Columbia, SC Jay Speers Chicago, IL Counsel Kathleen McDermott Office of the Attorney General Neil V. Getnick Morgan, Lewis & Bockius LLP of New York John H. Beisner Getnick & Getnick LLP Washington, DC New York Medicaid Fraud Skadden, Arps, Slate, Meagher New York, NY Control Unit & Flom LLP New York, NY Washington, DC Vince McKnight Gejaa Gobena McKnight & Kennedy, LLC Assistant Chief, Fraud Section Silver Spring, MD Michael A. Sullivan Jamie M. Bennett Criminal Division Finch McCranie, LLP Ashcraft & Gerel, LLP U.S. Department of Justice Atlanta, GA Landover, MD Washington, DC Sara McLean Assistant Director Commercial Litigation Branch Sanford V. Teplitzky John T. Boese Michael Granston Civil Division Ober Kaler Fried, Frank, Harris, Shriver & Deputy Director U.S. Department of Justice Baltimore, MD Jacobson LLP Commercial Litigation Branch Washington, DC Washington, DC Civil Division U.S. Department of Justice Robert Thomas Washington, DC Daniel Meron Thomas & Associates Joyce Branda Latham & Watkins LLP Boston, MA Director Washington, DC Commercial Litigation Branch Peter B. Hutt II Civil Division Akin Gump Strauss Hauer & Kathleen S. Tighe U.S. Department of Justice Feld LLP Frederick Morgan, Jr. Inspector General Washington, DC Washington, DC Morgan Verkamp LLC U.S. Department of Education Cincinnati, OH Washington, DC David J. Chizewer Gabriel Imperato Goldberg Kohn Managing Partner Monica P. Navarro Michal Tingle Chicago, IL Broad and Cassel Frank Haron Weiner Assistant Director Ft. Lauderdale, FL Troy, MI Commercial Litigation Branch Civil Division Professor Kathleen Clark U.S. Department of Justice Washington University School Paul Kaufman Robert Patten Washington, DC of Law Assistant United States Managing Attorney St. Louis, MO Attorney Medicaid Fraud Division Office of the U. S. Attorney Boston, MA Robert L. Vogel for the Eastern District of Vogel, Slade & Goldstein, LLP Edward Crooke New York Washington, DC Trial Attorney Brooklyn, NY Nicholas Paul Commercial Litigation Branch Supervising Deputy Attorney Civil Division General Linda Wawzenski U.S. Department of Justice Brian P. Kenney Bureau of Medi-Cal Fraud and Assistant U.S. Attorney Washington, DC Kenny & McCafferty, P.C. Elder Abuse Office of the U.S. Attorney for Blue Bell, PA Office of the Attorney General the Northern District of Illinois California Department of Justice Chicago, IL Zachary Cunha San Diego, CA Assistant United States Gregory Krakower Attorney Senior Advisor and Counselor Joseph D. West Office of the U.S. Attorney for New York Attorney General’s Richard A. Pelletier Gibson Dunn & Crutcher LLP the District of Massachusetts Office Suspension and Washington, DC Boston, MA New York, NY Debarment Official U.S. Environmental Protection Agency Joseph E. B. White Robert K. DeConti Laura F. Laemmle- Washington, DC Nolan & Auerbach, P.A. Chief, Administrative and Civil Weidenfeld Philadelphia, PA Remedies Branch Patton Boggs LLP Office of Counsel to the Washington, DC John R. Phillips Inspector General Phillips & Cohen LLP Glenn V. Whitaker U.S. Department of Health and Washington, DC Vorys, Sater, Seymour and Human Services Pease LLP Washington, DC Cincinnati, OH Faculty subject to change without notice. Agenda - Day 1, Wednesday, June 6, 2012 4:00 p.m. Registration Begins 5:00 p.m. – Fundamentals of the Civil False Claims Act and Qui Tam Enforcement 7:30 p.m. Panelists: Daniel Anderson, John T. Boese, Joseph E. B. White This optional introductory panel is intended for those who do not have broad experience with the civil False Claims Act or qui tam enforcement or believe they would beneﬁt from a discussion of the basics of the Act. This panel, conducted by the Institute Co-Chairs, will cover key terms and the basics of liability, damages, FCA procedure, and qui tam procedure. This panel will carefully explain the differences in FCA law and procedure before and after the 2009 amendments. There will be a lengthy question-and-answer period following the panel. 7:30 p.m. Reception ® Sponsored by FraudMail Alert , a publication of Fried, Frank, Harris, Shriver & Jacobson LLP Agenda - Day 2, Thursday, June 7, 2012 7:30 a.m. Registration 8:30 a.m. Welcoming Remarks John T. Boese, Fried, Frank, Harris, Shriver & Jacobson LLP, Washington, DC Daniel Anderson, U.S. Department of Justice, Washington, DC Joseph E. B. White, Nolan & Auerbach, P.A., Philadelphia, PA 9:00 a.m. Looking Back and Looking Ahead: What $30 Billion in Recoveries and 25 Years of False Claims Act Litigation and Enforcement Tell Us about the Future Panelists: John T. Boese; Neil V. Getnick; Peter B. Hutt II; John R. Phillips; Sara Winslow Moderator: Joyce Branda Recently the Department of Justice celebrated the 25th anniversary of the watershed 1986 amendments to the False Claims Act, and over $30 billion has been recovered under the FCA since those amendments. This panel of experts, which has been involved in FCA litigation and enforcement throughout this time, will look back on the developments in the law since 1986 and discuss what that history and development tells us about the future of the FCA and qui tam enforcement. 10:00 a.m. Investigation of a False Claims Act Case Panelists: Suzanne E. Durrell; Gejaa Gobena; Kathleen McDermott; Laura F. Laemmle-Weidenfeld Moderator: Jamie Ann Yavelberg In every FCA case, the government investigation is crucial because both the relator and the defense are seeking to inﬂuence the government intervention decision, and many cases are settled before any formal government action is started. This panel will discuss the various issues involved in this pre-ﬁling government investigation, including issues of privilege, conﬁdentiality, discovery, and presentations by the relator, the government, and the defense. The panel will also discuss corporate disclosure obligations during this period. 11:15 a.m. Break 11:30 a.m. Recent Developments on Liability Panelists: Michael Granston; Daniel Meron; Marc S. Raspanti; Linda Wawzenski Moderator: Jonathan L. Diesenhaus This panel will concentrate on developing liability issues in the past year, including the express and implied false certiﬁcation cases, materiality and causation, presentment, and government knowledge. 12:45 p.m. Break - Luncheon Keynote Speaker: Stuart F. Delery 2:15 p.m. Recent Developments on Damages and Penalties Panelists: Jamie M. Bennett; Paul Kaufman; Katherine A. Lauer; Sara McLean; Robert S. Salcido Moderator: Michael A. Sullivan The focus of this panel will be on the calculation and proof of FCA damages, particularly in cases where the damages are not easily ascertainable, as well as the assessment of civil penalties. 3:30 p.m. Break 3:45 p.m. Breakout Sessions A. FCA Enforcement Against Pharmaceutical and Device Manufacturers and Health Care Providers Panelists: Marcella Auerbach; Edward Crooke; Zachary Cunha; Brian P. Kenney; Robert Patten; Ethan M. Posner | Moderator: Sanford V. Teplitzky This panel will review the unique issues that arise when the False Claims Act is used as a fraud and enforcement tool against pharmaceutical and device manufacturers and other healthcare providers. It will also discuss False Claims Act cases based on violations of the Anti-Kickback Statute and the Stark law. B. FCA Enforcement in Procurement and Nontraditional Areas Panelists: Frederic M. Levy; Kevin M. McCall; Vince McKnight; Kathleen S. Tighe; Joseph D. West Moderator: Michal Tingle Procurement cases remain one of the biggest sources of FCA litigation, but an increasing number of qui tam cases are ﬁled involving other types of federal funding. This panel will discuss FCA enforcement in the procurement ﬁeld, as well as the unique nature of non-traditional FCA cases, especially those involving oil and gas, “reverse” false claims, grants. Agenda subject to change without notice. Agenda - Day 2, Thursday, June 7, 2012 (Continued) 5:15 p.m. Adjourn 5:30 p.m. Reception Sponsored by: Akin Gump Strauss Hauer & Feld LLP; Broad and Cassel; Covington & Burling LLP; Crowell & Moring LLP; Fried, Frank, Harris, Shriver & Jacobson LLP; Gibson Dunn & Crutcher LLP; Goldberg Kohn Ltd.; Hogan Lovells US LLP; Latham & Watkins LLP; McKenna Long & Aldridge LLP; Morgan, Lewis & Bockius LLP; Morgan Verkamp LLC; Nolan & Auerbach, P.A.; Patton Boggs LLP; Whistleblower Law Collaborative Agenda - Day 3, Friday, June 8, 2012 9:00 a.m. Pretrial Procedure: Motions and Discovery Issues: Public Disclosure/Original Source; First to File; Rule 9(b); and Statute of Limitations Panelists: Douglas W. Baruch; David J. Chizewer; Eric W. Sitarchuk; Donald Williamson Moderator: Frederick Morgan, Jr. Every qui tam case that is not settled early involves a wide variety of pretrial motions and procedural issues. This panel will discuss both the strategy and timing of these motions and current case law, with special emphasis on Rule 9(b), summary judgment motions, and discovery. 10:30 a.m. Break 10:45 a.m. State Qui Tam Enforcement Panelists: John H. Beisner; Charles W. Gambrell, Jr.; Monica P. Navarro; Jay Speers Moderator: Michael I. Behn Over twenty-three states now have qui tam laws, and the value of recoveries obtained under these laws is skyrocketing. Congress has recently passed legislation encouraging the remainder of the states to pass such laws. This panel will discuss the current and future course of state qui tam enforcement. 12:00 p.m. Break (On Your Own) 1:00 p.m. Breakout Sessions A. Settlement of an FCA Healthcare Case Panelists: Robert K. DeConti; Gabriel Imperato; Robert Thomas; Nicholas Paul Moderator: Andy Mao Settlement of an FCA case against a healthcare entity is both common and complex. This panel of relator, DOJ, defense and agency experts will explain the legal, practical and common sense rules, written and unwritten, that get the parties to an agreed “number,” get approval by the parties, the government and the court, and then avoid collateral consequences that may arise from the settlement. B. Settlement of an FCA Procurement Case Panelists: Marcia G. Madsen; Paul B. Martins; Richard A. Pelletier; Robert L. Vogel Moderator: Judith Rabinowitz FCA cases against government contractors are commonly settled but reaching the proper settlement amount is only the beginning. The panel will help those representing all sides to understand how to best reach an acceptable settlement, negotiate an agreement that gets approval, and avoid the suspension and debarment issues that inevitably arise. 2:30 p.m. Break Eth 2:45 p.m. Ethics Issues in Qui Tam Litigation i Cre cs dit Panelists: Professor Kathleen Clark; Brian C. Elmer; Gregory Krakower; Shelley R. Slade; Glenn V. Whitaker Moderator: Consuelo Woodhead Because of the unique three-party process and the close relationship among the parties, qui tam litigation engenders a host of ethical issues. This panel will discuss the ethical issues from the relator, the defendant, and the government perspectives. 4:00 p.m. Adjourn MCLE Cancellations ABA programs ordinarily receive CLE credit in AK, AL, AR, AZ, CA, CO, DE, FL, Cancellations received 5 business days or more before the program will GA, GU, HI, IA, ID, IL, IN, KS, KY, LA, ME, MN, MS, MO, MT, NH, NM, NV, NY, NC, receive a full refund, less a $50 cancellation fee. No refunds will be provided ND, OH, OK, OR, PA, RI, SC, TN, TX, UT, VT, VA, VI, WA, WI, WV, and WY. These for cancellations after that date; however, substitute registrants are welcome states sometimes do not approve a program for credit before the program occurs. at any time. To cancel your registration or substitute another individual, This course is expected to qualify for 15.75 CLE credit hours (including 1.0 ethics please call the ABA at (800) 285-2221 or fax your request to (312) 988-5850. hours) in 60-minute-hour states, and 18.90 credit hours (including 1.20 ethics Registrants who do not cancel within the allotted time period and who do hours) in 50-minute-hour states. This transitional program is approved for both not attend the program will receive a copy of the program course materials newly admitted and experienced attorneys in NY. For more information about after program completion. CLE accreditation in your state, visit www.ambar.org/2012civil. Attire Scholarships Business casual attire is appropriate for all activities. For more information on scholarships, visit www.americanbar.org/groups/cle/scholarship Agenda subject to change without notice. Registration - Part One Step 1: Rates and Course Selection Early Bird Advance Rate Standard Rate Rate Effective Apr. 11 Effective May 9 General Public $1,190 $1,285 $1,365 ABA Members $1,095 $1,175 $1,255 Criminal Justice Section Members $950 $1,025 $1,095 Health Law Section Members $950 $1,025 $1,095 Section of Labor and Employment Law $950 $1,025 $1,095 Section of Public Contract Law $950 $1,025 $1,095 Government Lawyers / Employees $475 $515 $550 Enter your registration rate on line 4A. q I qualify for a $50/person group discount To qualify for a group discount, three or more people must register together. Please call us to register your group or send all registrations in the same envelope. Enter your $50 discount on line 4B. Thursday, June 7, 2012 – 3:45 p.m. Please check one workshop for each period. q FCA Enforcement Against Pharmaceutical and Device Manufacturers and Health Care Providers q FCA Enforcement in Procurement and Non-Traditional Areas Friday, June 8, 2012 – 1:00 p.m. Please check one workshop for each period. q Settlement of an FCA Healthcare Case q Settlement of an FCA Procurement Case Section Membership (Must Be an ABA Member) q Enroll me in the Criminal Justice Section - $45. q Enroll me in the Health Law Section - $50. q Enroll me in the Section of Labor and Employment Law - $45. q Enroll me in the Section of Public Contract Law - $45. Enter your membership rate on line 4C. Need more time to decide? Visit www.ambar.org/join Registration - Part Two Step 2: Your Information (Please print legibly) Name Law Firm/Organization Address Suite/Apt. City State Zip Code Telephone Email ABA Member ID The ABA and many of its entities provide content through email. We do not share email addresses with anyone outside the ABA. Step 3: Course Materials * Electronic course materials are provided on-site as part of your registration. Printed course materials are available on-site for an additional fee. q Printed course materials on-site. ($50 additional) Enter the rate on line 4D. Step 4: Your Total Due Amount Registration Rate (from Step 1) 4A $ ______________________ Three or More People Registering (from Step 1) 4B $ ______________________ ($50/person discount. Applicants must register together to receive discount) ABA Section Membership (from Step 1) 4C $ ______________________ Hard Copy Course Materials Requested (from Step 3) 4D $ ______________________ Total $ ______________________ Step 5: Payment Information q ABA Credit Card from Bank of America q Other Credit Card q Check Payable to American Bar Association Name as it appears on Card Account Number Expiration Date Signature Step 6: Submit Your Registration Visit www.ambar.org/2012civil Complete and mail this form The American Bar Association Financial Services Dept. CEN2CFC P.O. Box 109078 Call 800-285-2221 Fax this form to (312) 988-5850 Chicago, IL 60654-7598 * If you cannot attend, but would like to order the Course Materials, please visit us at www.mbar.org/2012civil or call (800) 285-2221 for pricing and availability. Course materials will be shipped after the event dates.
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