Broadcast Date: Wednesday, February 24, 2021
from 12:00 pm to 1:00 pm (ET)
Overview:
In response to the uncertainties brought by the COVID-19 crisis, congress had passed several economic relief opportunities for distressed companies significantly impacted by the pandemic. However, along with these opportunities are heightened levels of scrutiny and enforcement efforts from the government to root out potential fraud under the False Claims Act (FCA) against companies taking advantage of these funds.
Thus, to avoid running afoul of FCA risks and liabilities, it is of utmost importance that companies and their counsel have comprehensive and up-to-date compliance programs that are effective in detecting and preventing fraudulent activities.
In this LIVE Webcast, trial lawyers John M. Peterson (Neville Peterson LLP) and Brendan F. Quigley (Baker Botts L.L.P.) will provide the audience with an in-depth discussion of the emerging trends and issues in the FCA as well as the implications of COVID-19 in this legal landscape. Speakers will also offer practical tips and best practices to help businesses navigate their way in this evolving area.
Some of the major topics that will be covered in this course are:
- FCA Trends and Developments
- FCA and COVID-19 Implications
- Opportunities and Challenges
- Practical Tips and Best Practices
- Outlook
Learning Objectives
- Identify the potential false claim issues surrounding the CARES Act
- Determine future trends in FCA claims and investigations
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE); Group-Internet Based
Prerequisite:
General knowledge of false claims act
Course Code:
149295
NASBA Field of Study:
Specialized Knowledge – Technical
NY Category of CLE Credit:
Areas of Professional Practice
Total Credit:
1.0 CLE
1.0 CPE (Not eligible for QAS (On-demand) CPE credits)
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/
CPE State Requirements:
Speaker Panel:
John M. Peterson, Partner
Neville Peterson LLP
John Peterson has practiced international trade and Customs law since 1977, and has enjoyed every minute of it. His practice embraces all phases of trade law, from counseling and import planning, to representation of clients before government agencies, and litigation in United States and foreign courts. Each new engagement allows him to learn about different industries, products, technologies and people. Whether the practice of law takes him to a high-rise office tower in Asia, a factory on a Caribbean Island, or the control room of the Trans-Alaska pipeline, he relishes the opportunity to help clients solve problems and improve their operation.
Brendan F. Quigley, Partner
Baker Botts L.L.P.
Brendan Quigley is a litigation partner at Baker Botts LLP, where he represents clients in government investigations and complex civil litigation, including securities enforcement matters and matters arising under the False Claims Act.
Before joining Baker Botts in late 2019, he spent almost seven years as an Assistant United States Attorney in the Southern District of New York, becoming a senior member of the Office’s Securities and Commodities Fraud Unit. He tried 12 cases to verdict and briefed or argued over ten appeals in the Second Circuit. Earlier, Brendan worked as an associate at Paul, Weiss and clerked for the Honorable Joseph F. Bianco, then of the Eastern District of New York, now of the Second Circuit. Between college and law school, Brendan served as an officer in the U.S. Marine Corps.
Agenda:
SEGMENT 1:
John M. Peterson, Partner
Neville Peterson LLP
- CARES Act involved $2.2 Trillion of spending, much of it dedicated to purchase of goods and services;
- Many of the goods and services sought to be purchased were scarce or of poor quality;
- Scams abounded, in both public and private purchasing;
- Numerous private suits and government enforcement actions against COVID profiteers are already underway;
- Additional whistleblower opportunities are likely to become evident as time goes by.
SEGMENT 2:
Brendan F. Quigley, Partner
Baker Botts L.L.P.
- FCA claims and investigations will likely increase in the coming years. There are a number of factors driving this. One is the enormous levels of government spending in the past year. In addition, reductions in force at many employers and, at least to some extent, the remote workplace, may result in a larger pool of potential whistleblowers. Further, COVID is, at bottom, a healthcare crisis, and the healthcare industry has, in recent years, been the biggest source of FCA claims and investigations.
- What types of COVID-related FCA claims may we see:
- Stimulus fraud-PPP; CMS. ED CA case already brought by DOJ
- Healthcare related claims
- Long-term care facilities
- Billing for services not rendered;
- Procurement Fraud will also continue to be a DOJ priority.
- Note it may take some time for these cases to become public. Government can take a while to decide whether to intervene. The government's use of AI in FCA investigations will be something to watch as at least some courts have indicated that statistical analyses can be used to help FCA claims survive a motion to dismiss.
- In addition, the impact of the Supreme Court's 2016 Escobar decision will continue to be felt in the federal courts, including in challenges to the materiality of the alleged false claim/reverse false claim.
- Another issue to watch is whether the government continues to exercise its ability to dismiss qui tam claims over the objections of the relator. This happened with increasing regularity during the Trump administration.
Date & Time:
Wednesday, February 24, 2021
12:00 pm to 1:00 pm (ET)
Who Should Attend:
- White Collar Defense Attorneys
- False Claims Act Lawyers
- Corporate Counsel
- Compliance Executives
- Top-Level Executives
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