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Overview:

The False Claims Act (FCA) remains to be the primary tool used by the government in fighting fraudulent crimes in various sectors. With the significantly increasing number of settlements under FCA for the past years and the heightened enforcement actions that expose several industries to the risk of investigations, companies must always be in the know of the recent developments shaping the landscape. An in-depth understanding of the trends will help them avoid liability risks and ensure compliance.

In this LIVE Webcast, litigation experts Lyle F. Hedgecock (Morrison Foerster LLP) and Stefan Boedeker (Berkeley Research Group, LLC) will provide the audience with an overview of the significant trends surrounding the False Claims Act (FCA). They will present an in-depth analysis of the recent developments as well as the impending challenges and expectations in the near future.

Some of the major topics that will be covered in this course are:

  • False Claims Act – A Look-Back
  • Recent Trends and Developments
  • Common Risks and Challenges
  • Best Defense Strategies
  • What Lies Ahead

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Prerequisite:

General knowledge of false claims act

 

Course Code:

149010

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

1.0 CLE


How to Claim CLE Credits Per State:

https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/


CLE State Requirements:

https://knowledgewebcasts.com/cle-state-requirements/

Speaker Panel:

Lyle F. Hedgecock, Associate
Morrison & Foerster LLP

Lyle Hedgecock is an associate in the Government Contracts practice group in the Washington, D.C. office.

Prior to joining Morrison & Foerster, Lyle served as a law clerk at the U.S. Court of Federal Claims, and had a decorated military career in the U.S. Air Force. Following his active-duty service, he provided legal services to the Air Force Legal Office, Joint Base Andrews, to resolve high-profile white-collar investigations of suspected Federal Acquisition Regulation violations and counseled government clients on Federal Acquisition Regulation compliance issues.

Stefan Boedeker, Managing Director
Berkeley Research Group, LLC

Mr. Boedeker is a Managing Director at Berkeley Research Group where he focuses on the application of economic, statistical, and financial models to a variety of areas such as solutions to business issues, complex litigation cases, and economic impact studies.  He has extensive experience applying economic and statistical theories and methodologies to a wide variety of cases where But-for-scenarios have to be developed based on probabilistic methods and where statistical predictive modeling has to be applied to assess liability and damages.

For more than 25 years, Mr. Boedeker has applied these techniques in business disputes, single-plaintiff cases, multi-plaintiff cases, and class action proceedings in the areas of class certification, liability assessment, developing damages scenarios, and post settlement or judgment distributions.

Agenda:

SEGMENT 1:

Stefan Boedeker, Managing Director

Berkeley Research Group, LLC

  • Review of Fiscal 2020 from an expert’s point of view
    • Where was the money?
    • Industries
    • Settlement versus Judgements
    • Methodology
  • Relator/Qui Tam versus DOJ enforcement activities
  • The Use of Statistical Sampling to establish liability, damages, and penalties
  • Growing Trend for 2021: The Use of Big Data to find “Evidence” to file cases

 

SEGMENT 2:

Lyle F. Hedgecock, Associate

Morrison & Foerster LLP

  • Updates on Escobar Materiality
    • U.S. ex rel. Janssen v. Lawrence Memorial Hospital, No. 19-3011, 2020 WL 594508 (10th Cir. Feb. 7, 2020).
    • United States ex rel. Hassan Foreman v. AECOM Government Services, Inc., No. 16 Civ. 1960 (S.D.N.Y. Apr. 13, 2020)
  • Objective Falsity and Ambiguous Rules
    • 3rd & 9th Circuits: Subjective medical opinions can be false.
    • 11th Circuit: Mere differences in medical opinions alone cannot show falsity.
    • 4th Circuit:  Reasonable interpretations may be permissible
  • Government Investigations.
    • Recent Investigations
    • Paycheck Protection Program and COVID-19
    • Dept. of Justice’s proposed use of data analytics to identify fraud
    • U.S. ex rel. Fesenmaier v. The Cameron-Ehling Group, Inc., 2020 WL 986577 (D.Minn. March 2, 2020)

Date & Time:

Thursday, December 03, 2020

12:00 pm to 1:00 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • White Collar Defense Attorneys
  • False Claims Act Lawyers
  • Corporate Counsel
  • Compliance Executives
  • Top-Level Executives
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SPEAKERS

Lyle F. HedgecockAssociate
Morrison & Foerster LLP
Stefan BoedekerManaging Director
Berkeley Research Group, LLC

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