Broadcast Date: Friday, April 16, 2021
from 3:00 pm to 4:00 pm (ET)

Overview:

The False Claims Act (FCA)’s qui-tam provisions, which encourage whistleblowers to bring lawsuits against accused violators, remain the most common partner of the government in fighting fraud and its enforcement remains robust.  DOJ has taken action under the Granston Memo to drop several qui tam lawsuits, and courts continue to interpret the landmark decision of the Supreme Court (SC) in Universal Health Services v. United States ex rel. Escobar, delivering a series of rulings that reflect the SC’s decision on “implied false certification.”

 

In this LIVE Webcast, experts on complex commercial matters, Maureen C. McDonald (Akin Gump Strauss Hauer & Feld, LLP) and Stefan Boedeker (Berkeley Research Group, LLC), will provide the audience with an in-depth analysis of the recent developments in FCA liability. Speakers will also present a comprehensive discussion of FCA violations and enforcement and will provide best practices to effectively manage emerging risks and complexities.

 

Key Topics:

  • An Overview of False Claims Act
  • Trends and Developments in 2020
  • Notable Court Rulings and Decisions
  • Risks and Issues
  • Best Practices
  • Outlook

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:

148836

 

NY Category of CLE Credit:

Corporate Law

 

Total Credit:

1.0 CLE

Speaker Panel:

Maureen C. McDonald, Counsel
Akin Gump Strauss Hauer & Feld, LLP

Maureen McDonald advises clients on various government contracts and complex commercial matters. She assists with transactional government contracts due diligence, False Claims Act investigations and litigation, and other procurement and contracts issues.

Earlier in her career, Maureen worked for a government contractor as both a procurement specialist and a contracts administrator. Additionally, during law school, she held an internship with the U.S. Department of Health & Human Services, Office of General Counsel, General Law Division.

Ms. McDonald received her J.D. in 2015 from The Catholic University of America, Columbus School of Law, where she was managing editor of The Catholic University Law Review. She earned her B.A. in English from the University of North Carolina at Chapel Hill.

Stefan Boedeker, Managing Director
Berkeley Research Group, LLC

Stefan Boedeker is a managing director with BRG’s Economics and Damages practice, where he specializes in statistical consulting.

Over the last thirty years, he has worked on hundreds of cases and projects in the litigation and management consulting context, where he specializes in the application of economic, statistical, and financial models to areas such as solutions to business issues, economic impact studies, and complex litigation cases.

Mr. Boedeker has provided economic, financial, and statistical consulting and expert services to clients across a wide range of industries, including healthcare, pharmaceuticals, life sciences, high technology, entertainment, manufacturing, retail, real estate, insurance, and financial services, and federal, state, and local governments. He has issued hundreds of expert reports and given deposition and trial testimony in state and federal courts, arbitrations, and regulatory hearings over 150 times.

Agenda:

Maureen C. McDonald, Counsel

Akin Gump Strauss Hauer & Feld, LLP

  1. FCA overview
    • Elements
    • Most significant case laws.
  2. Trends/developments:
    • Overview of enforcement from the end of the Trump Administration
    • Likely trends under the Biden Administration/Garland’s DOJ
      • Grassley encouraging Garland to ensure enforcement of the FCA; Grassley working on legislation to strengthen the FCA.
      • Likely areas of enforcement in the near-term:
        • COVID
        • PPP loans
        • Buy American.
      • Best practices:
        • Leveraging the materiality requirement
        • Advocating for non-intervention and dismissal by DOJ

 

Stefan Boedeker, Managing Director

Berkeley Research Group, LLC

  1. An Overview of False Claims Act
    • Expert and Consultants Point of View
  2. Trends and Developments in 2020
    • Industries
    • Settlements
  3. 2020 Notable Cases
    • Two case examples
  4. Best Practices to Manage Complexities
    • Statistical Sampling
    • Big Data
  5. Outlook – 2021 and Beyond

Date & Time:

Friday, April 16, 2021

3:00 pm to 4:00 pm (ET)

Who Should Attend:

  • False Claims Act Lawyers
  • White-Collar Lawyers
  • Litigation Officers
  • Chief Compliance Officers
  • General Counsel
  • Government Contractors
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SPEAKERS

Maureen C. McDonaldCounsel
Akin Gump Strauss Hauer & Feld, LLP
Stefan BoedekerManaging Director
Berkeley Research Group, LLC

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