Civil False Claims Act and Qui Tam Enforcement National Institute by jolinmilioncherie

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									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
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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
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  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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