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The False Claims Act: Recent Trends and Hot Topics

Receive rare and unique insight on how to navigate a False Claims Act investigation today's regulatory enforcement environment.

Since 2016, courts and government contractors have grappled with the implications of the U.S. Supreme Court's decision in Universal Health Services, Inc. United States ex rel. Escobar regarding the interpretation of the False Claims Act (FCA). Simultaneously, the Department of Justice has released several different, sometimes contradictory memoranda regarding the enforcement of the FCA, while continuing to collect billions of dollars each year from settlements with government contractors who violate the FCA. This topic will clarify and describe the state of the False Claims Act, using recent cases to help you understand how each element of the FCA is being interpreted, and explore trends in FCA enforcement, unpacking the Department of Justice's correspondence to help government contractors remain vigilant against FCA violations and understand the potential impact of a new Attorney General on FCA prosecution. This information is critical for attorneys who work with clients who are currently government contractors and are interested in continuing to contract with the government.

88 minutes
Certificate of Completion
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Why Lorman?

Over 34 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

Overview of the False Claims Act

  • Overview of the FCA, Including Its Elements and Penalties
  • Understanding the Role of Qui Tam Plaintiffs/Whistle-Blowers
  • Summary of FCA Penalties/Settlements in FY 2018, Including Notable Settlements

Understanding the FCA in the Wake of Escobar

  • Overview of Implied Certification and What Escobar Attempted to Resolve
  • Escobar's Two-Part Test and Its Impact on the FCA Elements
  • Cases Following Escobar and Interpretations of the Materiality Standard
  • The DOJ's May 2019 Mandatory Guidelines for Disclosure, Cooperation, and Remediation in FCA Matters

Trends in FCA Enforcement

  • The Granston Memo
  • Implications of AG Barr's History With Whistle-Blower Cases
  • The DOJ's New Policy Initiatives
  • The DOJ's May 2019 Mandatory Guidance

Recent Cases Clarifying the FCA Elements

  • Statute of Limitations: Cochise Consultancy, Inc. v. United States
  • Recent Developments in the FCA Element of Falsity:
    • United States Ex Rel. Polukoff v. St. Mark's Hospital
    • United States Ex Rel. Berg v. Honeywell International, Inc.
  • Recent Developments in the FCA Element of Particularity: Carrell v. Aids Healthcare Foundation, Inc., 898 F.3D 1267 (11Th Cir. 2018)
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Why Lorman?

Over 34 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, New Hampshire, Ohio, 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 June 25, 2019.

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

  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • OR CLE 1.5
     
  • Approved for 1.5 CLE credits in Oregon.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

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.

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

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Why Lorman?

Over 34 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

Jessica Sharron

Jessica Sharron

Alston & Bird LLP

  • Partner in Alston & Bird LLP’s Construction & Government Contracts Group
  • Primarily focuses her practice in government contracts and construction litigation
  • Represents owners, developers, and contractors in public and commercial construction projects, including contract disputes and construction claims litigation involving claims of professional negligence, delays, disruptions, changed conditions, and contract terminations
  • J.D. degree, Santa Clara University
  • Can be contacted at [email protected]
Breana Ware

Breana Ware

Alston & Bird LLP

  • Senior Associate in Alston & Bird LLP’s Construction & Government Contracts Group
  • Guides construction industry clients through disputes and helps them safely navigate the myriad regulations surrounding government projects
  • J.D. degree, Harvard Law School
  • Can be contacted at [email protected]
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Why Lorman?

Over 34 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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Product ID: 405647
Published 2019
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