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Successfully Pursuing and Defending Qui Tam Lawsuits Under the Federal False Claims Act

Learn key points to consider when faced with defending a qui tam lawsuit.

False Claims Act lawsuits filed and pursued by qui tam relators continue unabated, with new qui tam matters averaging more than 700 per year. These lawsuits are brought against defendants across all industries that involve government money, from health care and defense to the education, financial, and technology industries. Even after a government investigation and decision not to intervene, qui tam relators often doggedly pursue FCA claims in anticipation of a relator's share of the recovery (or settlement). This course will flag key considerations for defendants across all industries when faced with defending a qui tam lawsuit. In particular, this material will explain the current state of the law with respect to key FCA defenses, including those uniquely applicable to qui tam lawsuits, and describe how defendants can successfully position themselves for dispositive motions, discovery, and potential resolution.

68 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Introduction and Overview

Successful Early Dispositive Motions

  • Rule 9(b) and the Circuit Split
    • Current Landscape
    • Cert Petitions
  • Bars to Relator-Driven FCA Actions
    • Waning Jurisdictional Nature
    • Addressing the Prospect of Government Opposition to the Public Disclosure Bar
    • Identifying Application of Other Bars
  • Motions to Stay or Bi-Furcate Discovery

Successful Discovery

  • Unique Defensive Discovery Issues
    • Document Preservation Considerations
    • Protecting Investigation Materials
  • Unique Offensive Discovery Issues
    • Navigating Joint Prosecutorial Privilege
    • Navigating CurrentEmployee Relators
  • Obtaining Discovery From the Government
    • The PostEscobar Importance of Agency Discovery
    • Potential Impact of Proposed FCA Amendments
    • Party Status, Touhy Requests, and Rule 45 Subpoenas

Other Successful Defenses

  • Scienter - Reasonable Interpretations of Ambiguous Regulations
    • Current Landscape
    • On the Horizon
  • Expert Issues
    • Identifying the Right Expert
    • Falsity, Scienter, and Battle of the Experts Situations
    • Causation and Damages

Settlement Considerations

  • Timing Considerations
  • Involvement of DOJ
  • Special Issues
    • Relator's Share
    • Attorney's Fees
    • Tax Considerations
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on August 31, 2022.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.0
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • GA CLE 1.0
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • IN CLE 1.1
     
  • This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.1 hours of Distance Education credit.
     
  • MO CLE 1.3
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • ND CLE 1.0
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
     
  • NH MCLE 1.1
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 67 Minutes.
     
  • NJ CLE 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
     
  • NM CLE 1.1
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.1 hours of credit.
     
  • NV CLE 1.0
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
     
  • NY CLE 1.0 including Skills 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Skills for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.0
     
  • This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.0 CLE credit hours. Please note: No more than twelve (12) hours of self-study CLE credit for any biennial reporting period may be earned by an Attorney or Judge under Regulation 409.2. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • TN CLE 1.12
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.12 hours of credit.
     
  • VA CLE 1.0
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
     
  • VT CLE 1.0
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.0
     
  • This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
     
  • NALA 1.1
     
  • This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements. Program Length: 1.1 hour(s).
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • AK CLE 1.0
     
  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • CT CLE 1.0
     
  • HI CLE 1.0
     
  • MO CLE 1.3
     
  • NJ CLE 1.3
     
  • NM CLE 1.0
     
  • NY CLE 1.0 including Skills 1
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.3
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Ryan P. McCarthy

Ryan P. McCarthy

Morgan Lewis & Bockius LLP

  • Partner in Morgan Lewis & Bockius LLP’s litigation practice, based out of the Philadelphia office
  • Defends and advises clients in high-stakes litigation and sensitive government investigations across a range of industries such as life sciences, health care, financial services, technology, retail, and education
  • A key strength of his practice is defending clients in False Claims Act matters and counseling clients facing internal allegations of legal and compliance problems
  • Experience includes investigations and litigation arising under the False Claims Act, Anti-Kickback Statute, Food Drug & Cosmetic Act, Stark Law, Foreign Corrupt Practices Act, National Defense Authorization Act, and the mail/wire fraud, money laundering, bank secrecy, public corruption, and securities laws
  • His litigation matters have spanned mediation, arbitration, trial, and appeals, as well as the negotiation of pleas, deferred prosecution agreements, civil settlements, and corporate integrity agreements
  • Graduate, cum laude, University of Pennsylvania Law School
  • Can be contacted at [email protected] or 215-963-5412
Neaha P. Raol

Neaha P. Raol

Morgan, Lewis & Bockius LLP

  • Senior associate in Morgan Lewis & Bockius LLP’s litigation practice, based out of the Washington, D.C. office
  • Experience handling complex civil litigation with a focus on civil fraud enforcement matters, including federal False Claims Act (FCA) and state false claims act cases
  • Represents clients in the financial services, health care, government contracts, aerospace and defense, and real estate development industries
  • Graduate, University of North Carolina School of Law
  • Can be contacted at [email protected] or 202-739-5702
Kayla Stachniak Kaplan

Kayla Stachniak Kaplan

Morgan, Lewis & Bockius LLP

  • Senior associate in Morgan Lewis & Bockius LLP’s litigation practice, based out of the Washington, D.C. office
  • Represents clients across all industries in complex commercial litigation and internal and government investigations, with a focus on civil False Claims Act (FCA) cases
  • Her clients have included both corporations and individuals in the aerospace and defense, financial services, insurance, health care, pharmaceutical, real estate development, and manufacturing industries
  • Regularly writes and speaks on civil FCA developments, including substantial contributions to one of the most frequently cited FCA treatises, Wolters Kluwer’s fifth edition of Civil False Claims and Qui Tam Actions
  • Graduate, James Kent Scholar, Columbia Law School
  • Can be contacted at [email protected] or 202-739-5736
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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  • State Specific Credit Tracker
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Product ID: 409764
Published 2022
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