False Claims Act Institute

Transcription

1 City Bar Center for CLE False Claims Act Institute Tuesday, May 13, :00 a.m.-5:30 p.m. Neil Getnick Getnick & Getnick LLP Virginia Gibson Hogan Lovells Institute CO-CHAIRS Honorary Institute Chair Carolyn Pokorny Levine Lee LLP Gregory Luce Skadden, Arps, Slate, Meagher & Flom LLP Brian J. McCormick, Jr. Ross Feller Casey, LLP Sponsoring Association Committee: Federal Courts, Ira M. Feinberg, Chair

2 False Claims Act Institute Why Attend? If your practice involves one of the many areas that are affected by the False Claims Act (FCA), you must stay current on the latest developments in this ever-evolving field. This Institute has been specially crafted to give the practitioner who is new to FCA cases the relevant background, while giving the seasoned FCA practitioner the most up-to-date information on various complex and emerging issues. This Institute has also been organized to afford registrants and faculty ample networking opportunities. This comprehensive CLE program, features a well-balanced faculty of nationally recognized practitioners who will speak from varying perspectives. In fact, almost all sessions include a government speaker who is joined by members of the relator and defense bars, thus guaranteeing a 360-degree discussion of all the issues. Register today so you can better understand, and gain new insights into, one of our country s fastest growing litigation areas! What You Will Learn This year s conference features a variety of topics, including: Parallel civil and criminal proceedings Damage theories Ethical concerns when advancing a case Emerging issues in healthcare and financial FCA matters Multijurisdictional practice Time is reserved throughout the program to address registrants questions. Pierre G. Armand Southern District of New York Jennifer Bragg Skadden, Arps, Slate, Meagher & Flom LLP Joel Cohen Gibson, Dunn & Crutcher David Degnan Eastern District of Pennsylvania Margaret Finerty Getnick & Getnick LLP Charlene Keller Fullmer United States Department of Justice Paul Kaufman Dentons US LLP Gregory Krakower Senior Advisor & Counselor to the New York Attorney General David Marshall Katz, Marshall & Banks Brian McCafferty Kenney & McCafferty, P.C. FACULTY Heather O Shea Jones Day Chicago, IL Winston M. Paes Eastern District of New York Marc Raspanti Pietragallo Gordon Alfano Bosick & Raspanti, LLP Shelley Slade Vogel, Slade & Goldstein, LLP Mark Srere Bryan Cave LLP Jordan Thomas Labaton Sucharow Joseph Trautwein Joseph Trautwein & Associates, LLC Blue Bell, PA Heidi Wendel Jones Day Joseph (Jeb) White Nolan Auerbach & White, P.A.

3 9:00-10:00 a.m. False Claims Act Jurisprudence and Legal Trends This engaging session brings you up to date on recent cases, important decisions on damages, the specificity of pleadings, falsity, seal issues and more! Charlene Keller Fullmer, Paul Kaufman & Joseph (Jeb) White 10:00-11:00 a.m. Parallel Civil and Criminal Proceedings This session addresses issues arising out of parallel criminal and civil FCA investigatory proceedings including due process considerations with regard to the 4 th and 5 th Amendments, shares strategies for managing parallel investigatory efforts, and issues related to negotiating global resolutions, as well as ethical considerations. 11:00-11:15 a.m. Networking Break 11:15-12:00 p.m. Damage Theories Brian McCafferty, Winston M. Paes & Mark Srere Damages are a hot topic for FCA practitioners. How should damages be calculated? Should damages be mitigated first? May relators get portions of government fines? When do fines and penalties become excessive? This session will address these questions and the varying circuit treatments of these issues. 12:00-1:00 p.m. Networking Lunch Joel Cohen, Marc Raspanti & Joseph Trautwein 1:00-2:00 p.m. Multijurisdictional Practice This session addresses the interplay amongst Federal and state false claims acts, (in particular the NYS FCA) with other whistleblower and related laws that are used by multiple government agencies who work in partnership with whistleblowers and all counsel to address allegations of fraud. Margaret Finerty, Gregory Krakower & Heidi Wendel 2:00-2:45 p.m. Getting the 411 on Healthcare Related Cases Pharmaceutical and device cases remain a hot issue within FCA practice as claims are continually evolving, in particular those involving off-label uses and kickback cases. The area is in a state of flux. This panel will address the most compelling matters involved with health care cases today, including the prevalence of criminal aspects involved. Jennifer Bragg, David Degnan & Shelley Slade Institute AGENDA 2:45-3:00 p.m. Networking Break 3:00-3:45 p.m. Emerging Financial Services FCA, FIRREA, and SEC Claims The Wolves of Wall Street are on the hunt, yet we ve seen few FCA cases. Why is this? This panel addresses this question, along with a discussion of FIRREA, SEC whistleblower claims and FCA claims arising out of financial deals such as those related to mortgages. Pierre G. Armand, Virginia Gibson & Jordan Thomas 3:45-4:15 p.m. Employment Issues and Retaliation Claims: Strategies and Risk Management This discussion hones in on a relator s independent causes of action for employment related claims under the FCA and other state and federal laws. Panelists will explore how to handle relators who are still employed during case proceedings, what is considered protected conduct by the relator, attorney fee recovery by the relator, as well as settlement agreements with relators involving a for feiture of their whistleblower award and statutory fee. The panelists will also discuss potential retaliation claims and related issues that can come into play when employees submit tips to the SEC, IRS and other agencies that administer whistleblower-reward programs. David Marshall & Heather O Shea 4:15-5:30 p.m. The Top Five Ethical Concerns When Advancing a Case Sponsored by Getnick & Getnick Our concluding discussion analyzes the myriad of ethical issues that arise in a typical FCA case such as using privileged documents to support a relator case, ethical concerns involved with relator counsel representing multiple relators in a settlement, conflicts among defense counsel. The panel will also address balancing Rule 11 with first to file considerations, as well as the propriety of negotiating statutory fees outside of the statute and how to handle relators whose conduct extends to the fraud in question. The panel will also explore work product and preservation duties, taint teams, and employee interviews and related conflict of interests involving defense counsel. Moderator: Carolyn Pokorny Neil Getnick, Virginia Gibson, Gregory Luce & Brian J. McCormick, Jr. New York CLE Credit: 8.0 total: 6.5 professional practice & 1.5 ethics This live program provides transitional/non-transitional credit to all attorneys. This program is approved for MCLE credit in other MCLE jurisdictions. Credit breakdowns for other MCLE jurisdictions will be available at the program.

4 Who Should Attend This accredited continuing legal education program is designed for attorneys interested in learning about or honing their skills in FCA cases. GOLD Sponsor networking Sponsor In- kind Sponsor Sponsorship Opportunities are Available! Please Contact: Darianne De Leon, Program & Sponsorship Coordinator, City Bar Center for CLE (212) or Michelle Schwartz-Clement, Director, City Bar Center for CLE (212)

5 False Claims Act Institute Tuesday, May 13, :00 a.m.-5:30 p.m. Live Program (includes materials) q $695 Member q $795 Nonmember Walk-in Registration (includes materials) q $720 Member q $820 Nonmember *Materials Only (no CLE credit) q $195 Member q $295 Nonmember Save $$ on CDs & DVDs *CDs or DVDs (includes materials): q $595 Member q $695 Nonmember SOURCE CODE: EFL-FCL * New York residents will be charged the New York sales tax for all audio visual purchases. First Name Middle Initial Last Name Firm Address Daytime Phone Number Fax Number Address q Enclosed is my check for $, payable to New York City Bar. q I will be paying by credit card: q American Express # _ Exp. Date q Visa q MC # _ Exp. Date Amount to Charge $ Signature To Register for a Program or Purchase CDs, DVDs or Materials Mail your registration form with payment to the New York City Bar, City Bar Center for CLE, 42 West 44th Street, New York, NY 10036; Fax to (212) ; Register online at or call the City Bar Center for CLE at (212) Please allow 3 5 weeks for delivery of CDs, DVDs and course materials. International orders will be sent by traceable means, and an additional charge for shipping will be incurred by the recipient. Course materials will be provided at live programs and video replays, and will accompany DVD & CD purchases. Materials for most programs are available for purchase as stand-alones; however, CLE credit is not awarded. Advanced Registration A $25.00 walk-in fee will be charged if registration and payment are received by our office later than 3:00 p.m. on the previous business day of the program. Payment must accompany registration; reservations are not accepted. Passports This program is partially exempt for firm passports. Firm passports include two registrations to the program. Additional registrations receive 20% off member fees. Cancellations & Refunds For live programs & video replays, refunds & program credits are available provided cancellation is made in writing & received by the City Bar Center prior to the program. A $100 administrative fee will be charged for all Institute refunds. The cancellation fee will be deducted directly from the refund. For program credits no administrative fee will be charged. Program credits must be used within one year of the original program date. Cancellations must be in writing & faxed to the City Bar Center at (212) Refunds & program credits are not available for the purchase of tapes, CDs, DVDs course materials, audio files (podcasts) and online programs. CLE Certificates CLE certificates for attending a program are given out at the program and signed by a CLE staff member at the end of the program. You are responsible for keeping a copy of the CLE certificate for your own records. A $15 administrative fee will be charged for additional copies of certificates. CLE Credit Virtually all ALI CLE programs receive CLE credit in AK, AL, AR, AZ, CA, CO, DE, FL, GA, HI, IA, IL, IN, KS, KY, LA, ME, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VT, WA, WI, and WV. Upon request, ALI CLE will apply for CLE credit in ID, OR, and WY. This course is expected to qualify for 7.0 credits, including 1.25 ethics credits, in 60-minute MCLE jurisdictions; and for 8.4 credits, including 1.5 ethics credits, in 50-minute MCLE jurisdictions. In NY, the in-person course is appropriate for both newly admitted and experienced attorneys. For specific information on CLE, CPE, or other professional accreditation in your state, please the MCLE Team at TeamMCLE@ali-cle.org, go to or call CLE-NEWS. Visit Our Website Register online, get full course descriptions and find out about Association events and membership at If you need special accommodations please contact Madeline Montalvo (212) at least 3 days prior to the program. All information is subject to change.