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2023 Qui Tam Conference (Hybrid)

Name: 2023 Qui Tam Conference (Hybrid)
Start: 2023-02-16T00:00:00-05:00
End: 2023-02-17T23:59:59-05:00
Location: Hilton Washington DC Capitol Hill

February 16, 2023 - February 17, 2023

New Frontiers: Redefining the Landscape of the FCA

Join the Qui Tam Section for its Annual Qui Tam Conference on Thursday, February 16 – Friday, February 17. This year’s hybrid program offers in-person or online viewing options for registered attendees. Take advantage of educational sessions during the day and networking in the evening. Whether you participate in our nation’s capital or connect online, attendees will benefit from diverse perspectives with prestigious panelists and attendees from across the FCA legal sphere.

Co-Hosted by the Qui Tam Section

Agenda

Session times are posted as Eastern Time zone and subject to change.

Watch our Programming Chair of the FBA Qui Tam Section, Scott Oswald and one of this year’ co-chairs, Naana Frimpong discuss this year’s upcoming conference: [Catch This]

Wednesday, February 15

5:30 – 7:00 pm | Opening Reception: Both Sides of the Bar
Hosted at Conference Hotel (Hilton Washington DC Capitol Hill)
Reception Sponsored by:
> Lead Sponsor: Pietragallo Gordon Alfano Bosick & Raspanti, LLP
> Co-Sponsor: Harter Secrest & Emery, LLP
> Co-Sponsor: MoloLamken LLP

Thursday, February 16

7:45 am – 8:30 am | Registration & Breakfast

Opening Remarks: Megan Mocho

8:30 am – 9:30 am | CLE Panel: 2022 Year in Review
The Year in Review panel aims to provide an overview of the critical developments in False Claims Act (FCA) case law and government policy over the previous year. Our panel of preeminent False Claims Act attorneys – representing the perspectives of relators’ counsel, defense counsel, and the appellate perspective – will look at key developments in 2022 and distill some of the important takeaways for FCA practitioners.

Moderator: John R. Thomas, Partner, Hafemann Magee Thomas
Jessie Liu, Partner, Government Enforcement and White-Collar Crime; Litigation Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates
Tejinder Singh, Partner, Sparacino PLLC
Claire Sylvia, Partner, Phillips & Cohen LLP

9:45 am – 10:45 am | CLE Panel: The FCA Beyond U.S. Borders
The panel will examine overseas FCA enforcement and the unique legal issues that raises, including: different types of multinational FCA cases/investigations, jurisdictional issues, methods and legal issues related to overseas evidence gathering, and trial challenges with overseas witnesses.

Moderator: Gejaa T. Gobena, Partner, Hogan Lovells
Andrew Steinberg, Senior Trial Counsel, U.S. Department of Justice
Jonathan Tycko, Partner, Tycko & Zavareei LLP

To learn more about this panel: Gejaa Gobena, Panel Preview – The FCA Beyond U.S. Borders

11:00 am – 12:00 pm | CLE Panel: Rule 9(b) Pleading: What’s Required?
In 2022, relators and defendants alike urged the Supreme Court to resolve a circuit split over whether Rule 9(b) requires relators to plead specific details of false claims in every case. The Court denied certiorari at the start of its Term, and so the split remains live. This panel will discuss the approaches taken in the different circuits, the importance of Rule 9(b) to FCA practice, and best practices for relators and defense counsel considering particularity issues.

Moderator: Tejinder Singh, Partner, Sparacino PLLC
Sam Buffone, Partner, Black and Buffone
Anne Voigts, Partner, King & Spalding
Ben Wei, Senior Trial Counsel, Civil Division, Fraud Section, U.S. Department of Justice

12:00 pm – 1:30 pm | Keynote Luncheon: Protecting the False Claims Act

Senator Chuck Grassley

1:30 pm – 2:30 pm | CLE Panel: Developing Precedent on the FCA Element of Scienter
A panel of attorneys representing government agencies, relators, and defendants discuss developing precedent surrounding the element of scienter in False Claims Act litigation. Topics of discussion will include recent circuit court precedents such as the AseraCare, Supervalu, and Allergan Sales decisions, and the impact these decisions have on how civil fraud claims are alleged, investigated, and defended.

Moderator: Randy Harwell, Assistant United States Attorney, U.S. Attorney’s Office, Middle District of Florida
Gregory David, Civil Chief, U.S. Attorney’s Office, Eastern District of Pennsylvania
Colette Matzzie, Partner, Phillips & Cohen
Michael Shaheen, Partner, Crowell & Moring

2:45 pm – 3:45 pm | CLE Panel: Customs Fraud under the FCA: A Deep Dive
Tariff measures on goods imported from China and an increasingly aggressive use of trade remedies have substantially increased the duties collected by U.S. Customs and Border Protection. Along with those increases in collections has come an equally substantial increase in fraud. From simple under-valuation or incorrect tariff classification to more complex country of origin fraud, customs related FCA cases are increasing in frequency and in value. This panel will discuss the myriad ways in which customs fraud cases arise, the unique aspects to the fact gathering and investigations involved in customs fraud, the special defences that may be available, and the government agencies that may be involved throughout customs fraud FAC cases.

Moderator: Clark Bolton, Attorney, Morgan & Morgan
Douglas Baruch, Partner, Morgan, Lewis & Bockius LLP.
Charlie Jacob, Assistant United States Attorney, Civil Frauds Unit, U.S. Attorney’s Office, Southern District of New York
Timothy McInnis, Attorney, McInnis Law
Rebecca Tinio, Co-Chief, Civil Fraud Unit, U.S. Attorney’s Office, Southern District of New York

4:00 pm – 5:00 pm | CLE Panel: Ethical Dos and Don’ts at Every Stage of a Qui Tam Case
This panel will examine the various ethical issues that relators, relators’ counsel, the government and defense attorneys face during the life of a qui tam case. Topics covered will include (1) boundaries for relators’ counsel when collecting information in a digital age; (2) ethical obligations for all parties while a case is under seal; (3) limits to the government’s ability to question corporate employees; (4) an examination of how ethical considerations impact settlement form and incentives and (5) post-settlement obligations.

Moderator: Giselle J. Joffre, Partner, Foley Hoag LLP
Ashley Bailey, Professional Responsibility Officer, Commercial Litigation Branch, U.S. Department of Justice
Bruce Judge, Member, Whistleblower Law Collaborative LLC
Lisa Meletta, Of Counsel, DLA Piper LLP
Danielle Pelot, Partner, Choate Hall & Stewart LLP

To learn more about this panel: Giselle Joffre, Panel Preview – Ethical Dos and Don’ts at Every Stage of a Qui Tam Case

5:00 pm – 6:30 pm | Evening Networking Reception
Sponsored by: Holland & Knight LLP

Friday, February 17

8:00 am – 8:30 am | Registration & Breakfast

8:30 am – 9:45 am | CLE Panel: Settlement Landmines: New Dangers and How to Avoid Them
FCA settlements have always been more complex than the press releases suggest, but has the landscape gotten even more treacherous over the past few years? Have DOJ policies relating to cooperation credit and corporate monitors changed the game? What about admissions in FCA civil settlements? Our panelists will tackle these issues and more, providing attendees with input from government, defense, and relator’s counsel perspectives, along with updates on relevant policies and caselaw.

Moderator: Erica Hitchings, Member, Whistleblower Law Collaborative LLC
Jillian Estes, Senior Attorney, Morgan Verkamp LLC
Amy Hargreaves, Partner, Latham & Watkins LLP
Brian LaMacchia, Deputy Chief, Affirmative Civil Enforcement, U.S. Attorney’s Office, District of Massachusetts

10:00 am – 11:15 am | CLE Panel: Navigating FCA Appeals
Because the stakes are so high, especially with government intervention, many FCA cases do not make it to appeal. The panel will discuss how FCA issues make it past the trial court and reach the court of appeals and even the US Supreme Court. The appellate and Supreme Court’s interest in the meets and bounds of FCA procedure, motions to dismiss, government intervention, and role of relator and government. And how to be successful before an appellate court in framing and litigating FCA cases.

Moderator: Ilana H. Eisenstein, Partner, Co-Chair, Appellate Advocacy Practice, DLA Piper
Daniel Geyser, Partner, Haynes & Boone
Doug Hallward-Driemeier, Partner, Ropes & Gray
Melissa Patterson, Trial Attorney, Civil Appellate Division, U.S. Department of Justice

11:30 am – 12:45 pm | CLE Panel: Interviewing Whistleblowers: Techniques and Cautions
What are the most effective techniques for interviewing whistleblowers? Should interviewing techniques vary by context, e.g., whistleblower as client, as government witness, or as employee? In what circumstances, if any, should the interviewer consider trauma-informed interviewing techniques?

Moderator: Gregg Shapiro, Partner, Newman & Shapiro
Roberto Coviello, Assistant Special Agent in Charge, Office of Inspector General, U.S. Department of Health and Human Services
Laurie Oberembt, Senior Trial Counsel, Civil Fraud Section, U.S. Department of Justice
Brandie Weddle, Associate General Counsel, Booz Allen Hamilton

To learn more about this panel: Gregg Shapiro, Panel Preview – Interviewing Whistleblowers: Techniques and Cautions

12:45 pm – 2:15 pm | Keynote Luncheon

Michael C. Galdo, Acting Director for COVID-19 Fraud Enforcement, U.S. Department of Justice
Jamie Ann Yavelberg, Director, Fraud Section, Commercial Litigation Branch, Civil Division, U.S. Department of Justice

2:15 pm – 3:30 pm | CLE Panel: The Future of Pandemic Fraud Prosecution
With $5 trillion in pandemic-related spending, it is no surprise that the U.S. Department of Justice will be pursuing fraud cases for the next decade stemming from stimulus funding. This panel will dig deeper into the thornier legal issues that will arise from fraud cases brought under various stimulus programs, from the Paycheck Protection Program, to the Economic Injury Disaster Loan Program, the Employee Retention Credit, and others. All of the panelists are seasoned financial fraud practitioners, having pursued and/or defended cases stemming from the financial crisis for much of the prior decade-responsible for a combined amount of more than $10 billion in recoveries under the False Claims Act and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”). Among other things, the panel will discuss legal issues surrounding causation, materiality, and damages, related to financial fraud pursuit.

Moderator: Derek Adams, Partner, Potomac Law Group, PLLC
John Black, Partner, Black and Buffone
Colin Huntley, Deputy Director, Civil Fraud Section, U.S. Department of Justice
Colleen Kennedy, Deputy Chief, Civil Division, U.S. Attorney’s Office, Eastern District of California

3:45 pm – 5:00 pm | CLE Panel: Judging the FCA: A View from the Bench
From filing through resolution, this panel of federal judges will provide a view from the bench on matters arising throughout the pendency of qui tam actions, such as: the court’s role during the investigative stage, including in managing the length of DOJ investigations; DOJ’s dismissal authority; efforts to maintain the anonymity of relators; the evolution of the law on materiality, falsity, and scienter and its impact at the pleading stage and on the scope of discovery; the court’s role in evaluating settlements; and adjudicating fee disputes.

Moderator: Christopher B. Harwood, Partner, Morvillo Abramowitz Grand Iason & Anello PC
Hon. Jed S. Rakoff, Senior U.S. District Judge, U.S. District Court, Southern District of New York
Hon. Freda L. Wolfson (ret.), Partner, Lowenstein Sandler LLP; former U.S. District Judge (New Jersey)

5:00 pm | Closing Remarks: Megan Mocho

Registration

Advance online registration is now closed.
Onsite registration is available for in-person participation at the registration desk on Thursday, February 16.
By registering for this event, you agree to the posted event terms and conditions.

Registration Rates (In-Person)

Onsite: Sustaining Member $515
Onsite: Qui Tam Section Member $510
Onsite: Member $545
Onsite: Nonmember $695
Onsite: Government/Academic $400
Onsite: Law Student $240

Accommodations: Please contact meetings@fedbar.org for onsite dietary or accessibility requests in advance of the program dates if you do not disclose within the online registration form.

Cancellation Policy: Full registration refunds will be processed for cancellations received by Friday, February 3. After the posted cancellation date, registrations may be transferred to another attendee but not refunded. No-shows will be billed. Any alteration in registration (in-person vs. virtual) must be in writing and received at least 2 days prior to the conference (February 14). Please Note: change from in-person to virtual may result in a rate increase consistent with original registration costs to reflect the final attendance type. Please email meetings@fedbar.org with questions and written cancellation/substitution requests.

CLE

Attendees can receive up to 12.5 General CLE credits (14.7 credits for 50-min states).

CLE Credit will be tracked via an online web application. Attendees must check-in and check-out of each session to record their attendance. Certificates will be available to download online and sent via email approximately two weeks following the conference.

Hotel & Travel

Hilton Washington DC Capitol Hill
525 New Jersey Ave NW
Washington, DC 20001

Hotel Reservations:
The booking deadline for a discounted rate of $289/night (plus tax) has expired. Please contact meetings@fedbar.org and staff will do their best to negotiate a discounted rate on your behalf. Pending inventory, any reservation received after Friday, January 20, 2023 cannot be guaranteed and may be priced at the prevailing public rate. All reservations must be guaranteed by a major credit card. Cancellations within 72 hours of arrival will be charged one night’s room and tax to the credit card on file. Check-in time is 4:00 p.m. ET and check-out time is Noon ET for the hotel.

Parking: Valet Parking @ 50% posted rate (currently $59/day) for conference attendees.

Metro: The closest metro station stop is Union Station (Red) – two blocks or a 10 minute walk from the hotel.