Why you should attend
Companies doing business with all levels of government face increasing exposure under federal and state False Claims Acts (FCAs). Company whistleblowers are filing record numbers of new FCA cases, and the U.S. Department of Justice and state Attorney Generals are ramping-up fraud investigations and prosecutions nationwide. Taught by a panel of experienced FCA practitioners including prosecutors, whistleblowers' counsel, defense counsel and in-house counsel, this half-day conference will cover key trends in government FCA enforcement and whistleblower actions. Panelists will discuss important developments in FCA enforcement from various perspectives, such as crafting corporate compliance plans to limit FCA liability, interacting with government prosecutors and agents during FCA investigations, whether to make voluntary disclosures and cooperate with the government, navigating the intricacies of settlement with the government, and recent developments in FCA jurisprudence that impact companies.
What you will learn
- FCA Overview: Liability, Defenses and Qui Tam Actions
- State FCAs: Companies Face Expanding Liability
- Dealing with the Government: Key Decision Points
- Settlement: Options and Strategies
- Recent FCA Developments: Legal Trends Impacting Corporate Liability
- Prescription for Limiting FCA Exposure: Comprehensive Compliance and Ethics Programs
Who should attend
Morning Session: 9:00 a.m. - 1:15 p.m.
9:00 Federal and State False Claims Acts
A. Brief FCA Overview: Liability, Defenses and Qui Tam Actions [20 min.]
- Origin and Development of the Federal False Claims Act
- Elements and Defenses
- Qui Tam Provisions
Speakers: Kristina S. Azlin, Vince Farhat
B. State FCAs: Companies Beware [40 min.]
- Proliferation of State False Claims Acts
- Federal False Claims Act vs. State False Claims Acts
- "Inadvertent Submission"/"Subsequent Discovery" Provisions
- Emerging Trends in State False Claims Act Enforcement
Speakers: Paul S. Chan, Siobhan A. Franklin, Wayne T. Lamprey
10:00 Networking Break
10:15 Government Investigations and Settlements
A. Dealing with the Government: Key Decision Points [45 min.]
- Overview of Government Investigative Tools
- Key Decision Points For Company Counsel in Interacting with the Government
- "Parallel Proceedings"
- Zealous Advocacy or Obstruction of Justice?
Speakers: Paul S. Chan, Paul DeMedeiros, Siobhan A. Franklin, Susan R. Hershman, Richard W. Johns, Wayne T. Lamprey
B. Settlement: Options and Strategies [45 min.]
- Common Scenarios
- Risk Assessment and Evaluation
- Interplay of Debarment/Exclusion
- Global Resolutions: Mechanics and Strategy
Speakers: Paul S. Chan, Paul DeMedeiros, Susan R. Hershman, Richard W. Johns, Wayne T. Lamprey
11:45 Networking Break
12:00 FCA Liability: Enforcement Trends and Limiting Exposure
A. Recent FCA Developments: Legal Trends Impacting Corporate Liability [30 min.]
- Increased Individual Prosecution and Use of Civil Investigative Demands
- Expansion of "Implied Certification" Theory of Liability
- Changes to the Public Disclosure Bar Defense
- Measuring Potential Damages
Speakers: Kristina S. Azlin, Paul S. Chan, Susan R. Hershman
B. Prescription for Limiting FCA Exposure: Comprehensive Compliance and Ethics Programs [45 min.]
- Requirements to Have a Compliance System
- Benefits of an Effective Compliance System
- Disadvantages of Not Having an Effective Compliance System
- Hallmarks of an Effective Compliance System and What You Can Do to Get There
Speakers: Paul DeMedeiros, Paul J. Ehlenbach, Vince Farhat, Richard W. Johns
Paul S. Chan
~ Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg
~ CPA, Litigation & Investigative Support Specialist, Western Region Special Programs Office, Defense Contract Audit Agency
Siobhan A. Franklin
~ Deputy Attorney General, California Department of Justice, Office of the Attorney General, Bureau of Medi-Cal Fraud and Elder Abuse
Susan R. Hershman
~ Assistant U.S. Attorney, Deputy Chief, Civil Fraud Section, Civil Division, Office of, the United States Attorney, California Central District, United States Department of Justice
Richard W. Johns
~ Executive Vice President, General Counsel and Corporate Secretary, Alliance Healthcare Services (AIQ)
San Francisco Seminar Location
PLI California Center, 685 Market Street, San Francisco, California 94105. (415) 498-2800
San Francisco Hotel Accommodations
The Palace Hotel, 2 New Montgomery Street, San Francisco, California 94105. Call (800) 917-7456 seven days a week from 6:00 am to 12:00 am (PDT) and mention you are attending this program at Practising Law Institute to receive the preferred rate. For online reservations, go to www.sfpalace.com/pli to receive the preferred rate.
Due to high demand we recommend reserving hotel rooms as early as possible.
PLI's live programs are approved in all states that require mandatory continuing legal education for attorneys, except Arizona. Please be sure to check with your state for details.
Please check the CLE Calculator above each product description for CLE information specific to your state.
Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys. All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.
Please note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.
If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.
Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.