FRIDAY, FEBRUARY 20

7:45 AM – 8:30 AM | Registration & Breakfast

8:15 AM | Opening Remarks

Katherine J. Seikaly, Chair, FBA Qui Tam Section

8:30 AM – 9:30 AM | 7) Constitutionality

In United States ex rel. Polansky v. Executive Health Resources, Inc., several Supreme Court justices questioned in concurring or dissenting opinions whether the FCA’s qui tam framework is consistent with Article II of the U.S. Constitution. Since then, qui tam defendants across the country have raised constitutional challenges to the FCA. This panel will discuss how the courts have responded to those challenges, what additional developments to expect, and the practical ramifications that this issue may portend for FCA enforcement. 

Moderator Michael Granston, Partner, Chair, False Claims Act Investigations and Litigation, Covington & Burling LLP

Speakers

• Randy Beck, Professor, University of Georgia
• Steven Engel, Partner, Dechert LLP
• Doug Hallward-Driemeier, Partner, Ropes & Gray LLP
• Tejinder Singh, Partner, Sparacino PLLC

9:45 AM – 10:45 AM | 8)  The Rising Importance of State FCAs

This panel will address state enforcement efforts through their respective state False Claims Acts and Attorney General Offices. Panelists will discuss management of multi-state Medicaid fraud investigations, including key components for successful collaboration with their federal partners. Panelists will review state tools and strategies for involvement at each stage of a case—from intake and investigation to litigation and successful resolution.

Moderator Sara Vann, Assistant Director, Medicaid Fraud and Patient Protection Division, Georgia Attorney General’s Office

Speakers

• Jill Brenner, Special Assistant Attorney General, Civil Enforcement Division, Medicaid Fraud Control Unit, NYS Office of the Attorney General
• Breanna Peterson, First Assistant Attorney General, False Claims Unit, Consumer Protection Section, Colorado Department of Law
• Lareena Phillips, Special Deputy Attorney General, North Carolina Department of Justice – Medicaid Investigations Division

11:00 AM–12:00 PM | 9)  FCA Liability for Anti-Kickback Statute Violations

A widening circuit split over when an AKS violation triggers FCA liability —pitting a strict “but for” test against more lenient standards — could propel this issue to the Supreme Court. As Circuits have interpreted the AKS to require the government or relators to establish “but for” causation, litigants have returned to pre-amendment theories of liability and have begun once again pursuing false certification theories of liability to establish falsity in AKS cases. This session will unpack what the causation debate means for FCA/AKS cases; how DOJ and relators may be pivoting to false certification arguments to avoid the hurdle; and the practical steps each side can take to prove/disprove FCA liability while the AKS split persists.

Moderator Diana Cieslak, Counsel, Ropes & Gray LLP

Speakers

• Ellen Bowden McIntyre, Deputy Civil Chief, U.S. Attorney’s Office for the Middle District of Tennessee (personal capacity)
• Jonathan Porter, Partner, Husch Blackwell LLP
• Jennifer Verkamp, Partner, Morgan Verkamp LLC

12:00 PM – 1:00 PM | Luncheon Plenary: The FCA in Flux – Navigating FCA Enforcement in a Shifting Landscape * Not available for CLE

A candid discussion among leading FCA practitioners exploring how shifting enforcement priorities, evolving theories of liability, and emerging litigation strategies are impacting government enforcement and defense under the False Claims Act.

Moderator Denise Barnes, Partner, Bass Berry & Sims

Speakers

• Michael Granston, Partner, Chair, False Claims Act Investigations and Litigation, Covington & Burling LLP
• Erica Hitchings, Partner, Whistleblower Law Collaborative LLC
• Adam Tarosky, Partner, Nixon Peabody LLP

1:15 PM – 2:15 PM | 10)  Establishing Damages in a False Certification Case

When FCA liability hinges on an allegedly false certification—as to compliance with cybersecurity requirements, DEI prohibitions, or any other contractual or regulatory condition—quantifying damages becomes a key battlefront between whistleblowers, the government, and defense counsel.  This focused session assembles experts who will explain how courts calculate such damages—from the classic all-or-nothing “but for” analysis to more nuanced approaches—and will explore the rapidly expanding set of implicated case-types.  The panelists (representing the government, relator’s bar, and defense bar) will then use a real-world example to demonstrate how arguments around false certification damages might play out in a particular case, both in the context of settlement discussions and with an eye toward litigation.

Moderator Brandie Weddle, Litigation Counsel, RTX

Speakers

• Art Coulter, Senior Trial Counsel, Fraud Section, Civil Division, U.S. Department of Justice
• Amy Kossak, Partner, Ropes & Gray LLP
• Gregg Shapiro, Principal, Gregg Shapiro Law, LLC

2:30 PM –  3:30 PM | 11) What Makes a Viable Data Mining Case?

Law enforcement, federal agencies, and relators are increasingly using data analytics to identify fraudulent practices.  As technology progresses, so does the emergence of this new breed of professional relators who are not the typical employee insiders.  This panel will examine how the Government’s data metrics have evolved over the past decade, how Defendants and Relators are keeping up, and some emerging trends to consider.  The panel will answer questions about how public disclosure bars are overcome, what makes DOJ amenable to accepting data mining cases, and how Defendants can impose compliance measures in light of data analytics.

Moderator Jason Mehta, Partner, Foley & Lardner LLP

Speakers

• Amy Easton, Partner, Phillips & Cohen LLP
• Joe Swanson, Partner, Foley & Lardner, LLP
• Sara Mieczkowski, Attorney, The Suarez Law Firm

3:45 PM – 4:45 PM| 12) Navigating Client Conflicts & Other Ethical Issues Under the FCA (Ethics Credit)

This panel will address various ethical issues that arise in False Claims Act investigations, including the unique attorney-client representation issues that arise for relator’s counsel, defense counsel, and the Government.  The panel will address the complex ethical questions that arise relating to contact with represented parties, collection of evidence, conflicts of interest and artificial intelligence. 

Moderator Giselle Joffre, Partner, Arnold & Porter

Speakers

• Habib F. Ilahi, Partner, Fluet
• Preston Pugh, Equity Partner, Crowell & Moring
• Rachel V. Rose, Attorney, Rachel V. Rose – Attorney at Law, PLLC
• Natashia Tidwell, Member, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo
  

If you have any questions regarding this program, please contact events@fedbar.org