Qui Tam Section: [VIRTUAL] False Claims Act Today – District of South Carolina

Hosted by the FBA’s Qui Tam Section, often in cooperation with local FBA chapters, “The False Claims Act Today” is a discussion series that examines the details of real-life FCA practice in specific jurisdictions. Sessions typically focus on a single federal district and feature an experienced local panel that includes an Assistant U.S. Attorney for the district; a federal judge; a relator-side attorney; and a defense attorney.

We hope to resume in-person sessions of “The FCA Today” in 2021, but for now we’re conducting them online via the Zoom webinar platform. For this session on the District of South Carolina, attendees can expect a brief overview of the FCA process, including a review of case law in the Fourth Circuit, and a detailed look at:

• The types of FCA case most welcomed by the district’s U.S. Attorney Office;
• How D.S.C. prosecutors work with Main Justice to investigate complaints and weigh intervention;
• How D.S.C. judges evaluate seal extensions and seal violations;
• The local impact of the Supreme Court’s recent FCA decisions; and
• Where D.S.C. prosecutors fall in national debates over the viability of medical necessity cases, DOJ dismissal of relator-led cases, and other issues.

About the Presenters

R. Scott Oswald – Chair, FBA Qui Tam Section (moderator)

Scott Oswald is an accomplished trial lawyer who has brought more than 40 trials to verdict. His cases have recovered more than $300 million in judgments and settlements. A fellow of the prestigious College of Labor and Employment Lawyers, he received his law degree from Howard University and honed his skills at Trial Lawyers College, founded by the legendary Gerry Spence. Mr. Oswald litigates employment and whistleblower actions nationwide. Among his results:

• First jury verdict under new whistleblower protections in the National Defense Authorization Act of 2013|
• First Sarbanes-Oxley Act liability verdict to withstand appeal
• First jury verdict under 2009 anti-retaliation provisions of False Claims Act
• First Dodd-Frank Act retaliation lawsuit to reach discovery in federal court

Mr. Oswald is chair of the Federal Bar Association’s Qui Tam Section and immediate past chair of the FBA’s Professional Ethics Committee. Lawdragon ranks him as one of the top 500 plaintiff-side employment lawyers in the country.

Judge Joseph F. Anderson, Jr. 

Joseph F. Anderson, Jr. was appointed United States District Judge by President Ronald Reagan in October 1986. Prior to that, Judge Anderson practiced law in Edgefield, South Carolina, and represented Edgefield and Aiken Counties in the South Carolina General Assembly. He is a graduate of Clemson University and the University of South Carolina School of Law. When appointed at age 36, Judge Anderson became the youngest federal judge in South Carolina history and the second youngest in the country. He has served on the federal bench for 34 years, seven of those years as Chief Judge. A strong advocate of legal education, Judge Anderson has taken part in more than 200 CLE and law-related programs, committees and associations, including a six-year seat on the Federal Rules of Evidence Committee of the United States Judicial Conference. He also has authored two books on trial advocacy for lawyers. Judge Anderson recently took senior status, but retains an active court schedule, in addition to serving as an adjunct professor of Evidence and Federal Courts at the University of South Carolina School of Law.

Deborah B. Barbier

Deborah focuses her practice on federal and state criminal defense, Qui Tam/False Claims Act actions, and business litigation. Deborah’s interest in the law began at a young age as her late father was an FBI agent. She attended the University of South Carolina for both her undergraduate and law degrees. Following graduation, Deborah was selected for two consecutive clerkships at both the state and federal level. In 1996, she began working at the U.S. Attorney’s Office for the District of South Carolina. Deborah served in this capacity for 15 years, and she was honored to hold several leadership positions while there. In 2011, Deborah felt as though it was the right time personally and professionally to enter into private practice. Since then, Deborah has excelled in her defense work, and she is excited to see what the future holds.

Pamela Coyle Brecht

Pamela is a Partner at Pietragallo Gordon Alfano Bosick & Raspanti, LLP. Ms. Brecht serves as Chair of the firm’s national Qui Tam/False Claims Act Practice Group. She is also experienced in white-collar criminal litigation, employment law, internal investigations, and complex health care litigation. Ms. Brecht has litigated many of the most complex False Claims Act cases filed in the United States. Her cases have included alleged fraud by a large multi-state Medicaid managed care contractor, FCA violations by three of the largest hospital corporations in the country, and dissecting complex financial relationships among healthcare providers including Stark and Anti-Kickback issues. She has also litigated cases involving hospital fraud, emergency room fraud, medical device allegations, Medicare Part C and Part D fraud, government contractor fraud, laboratory fraud, as well as all types of pharmaceutical fraud. One of the whistleblower matters that Ms. Brecht has worked on was recognized in 2018 by The National Law Journal as one of the “Top 100 Verdicts.” The matter, Lutz v Health Diagnostics Laboratory, ranked as #39 on the list of highest verdicts throughout the nation for that year and came in at #2 for the highest verdicts coming out of Pennsylvania.

James Leventis – ACE Coordinator and Deputy Civil Chief for the District of South Carolina

James coordinates the District’s civil prosecution of health care and procurement fraud cases. He has served as an AUSA for over 11 years, including three years in the criminal division. James has tried numerous cases to verdict, including the District’s first civil health care fraud trial, and argued before the Fourth Circuit Court of Appeals. James has received the U.S. Attorney’s Award for Excellence, the Counsel of the Inspector General on Integrity and Efficiency Award for Excellence, and a Special Commendation from the Civil Division of the Department of Justice for Outstanding Service. He is a regular presenter at South Carolina Bar and Federal Bar Association events, as well as an instructor at the National Advocacy Center.  Prior to joining the U.S. Attorney’s Office, James was an associate in private civil defense litigation practices in Columbia, South Carolina and Palo Alto, California. James is a graduate of the Santa Clara University School of Law and obtained his undergraduate degree from the University of Virginia.

Registration

Registration will close Wednesday, September 23 at 11AM ET.

Registration Fees

• FBA Members – $0
• Nonmembers – $10

Registrants will receive Zoom login details on the day before the event.

Registration is now closed.

Cancellation Policy

No refunds will be made for cancellations received after the close of business on September 17, 2020. No-shows will be billed. Substitutions may be made at any time upon notification. Please contact Ariel White at awhite@fedbar.org with cancellation and/or substitution requests.

CLE

Please note that CLE credit is not offered for this webinar.

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By registering for this event, you agree to receive email communications from the Federal Bar Association and affiliated sponsors of the program concerning event details, Continuing Legal Education certification, programming changes, upcoming events, surveys, and post-event communications.

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If you have any questions regarding this program, please contact Laura Mulhern, Sections and Divisions Manager.