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SUMMARY:2023 Qui Tam Conference (Hybrid)
DESCRIPTION:New Frontiers: Redefining the Landscape of the FCA\nJoin 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. \nCo-Hosted by the Qui Tam Section \n\nAgenda\nSession times are posted as Eastern Time zone and subject to change. \nWatch 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] \nWednesday\, February 15\n5:30 – 7:00 pm | Opening Reception: Both Sides of the Bar\nHosted at Conference Hotel (Hilton Washington DC Capitol Hill)\nReception Sponsored by:\n> Lead Sponsor: Pietragallo Gordon Alfano Bosick & Raspanti\, LLP\n> Co-Sponsor: Harter Secrest & Emery\, LLP\n> Co-Sponsor: MoloLamken LLP \nThursday\, February 16\n7:45 am – 8:30 am | Registration & Breakfast \n\nOpening Remarks: Megan Mocho\n\n8:30 am – 9:30 am | CLE Panel: 2022 Year in Review \nThe 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. \n\nModerator: John R. Thomas\, Partner\, Hafemann Magee Thomas\nJessie Liu\, Partner\, Government Enforcement and White-Collar Crime; Litigation Skadden\, Arps\, Slate\, Meagher & Flom LLP and Affiliates\nTejinder Singh\, Partner\, Sparacino PLLC\nClaire Sylvia\, Partner\, Phillips & Cohen LLP\n\n9:45 am – 10:45 am | CLE Panel: The FCA Beyond U.S. Borders\nThe 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. \n\nModerator: Gejaa T. Gobena\, Partner\, Hogan Lovells\nAndrew Steinberg\, Senior Trial Counsel\, U.S. Department of Justice\nJonathan Tycko\, Partner\, Tycko & Zavareei LLP\n\nTo learn more about this panel: Gejaa Gobena\, Panel Preview – The FCA Beyond U.S. Borders \n11:00 am – 12:00 pm | CLE Panel: Rule 9(b) Pleading: What’s Required?\nIn 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. \n\nModerator: Tejinder Singh\, Partner\, Sparacino PLLC\nSam Buffone\, Partner\, Black and Buffone\nAnne Voigts\, Partner\, King & Spalding\nBen Wei\, Senior Trial Counsel\, Civil Division\, Fraud Section\, U.S. Department of Justice\n\n12:00 pm – 1:30 pm | Keynote Luncheon: Protecting the False Claims Act \n\nSenator Chuck Grassley\n\n1:30 pm – 2:30 pm | CLE Panel: Developing Precedent on the FCA Element of Scienter\nA 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. \n\nModerator: Randy Harwell\, Assistant United States Attorney\, U.S. Attorney’s Office\, Middle District of Florida\nGregory David\, Civil Chief\, U.S. Attorney’s Office\, Eastern District of Pennsylvania\nColette Matzzie\, Partner\, Phillips & Cohen\nMichael Shaheen\, Partner\, Crowell & Moring\n\n2:45 pm – 3:45 pm | CLE Panel: Customs Fraud under the FCA: A Deep Dive \nTariff 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. \n\nModerator: Clark Bolton\, Attorney\, Morgan & Morgan   \nDouglas Baruch\, Partner\, Morgan\, Lewis & Bockius LLP. \nCharlie Jacob\, Assistant United States Attorney\, Civil Frauds Unit\, U.S. Attorney’s Office\, Southern District of New York\nTimothy McInnis\, Attorney\, McInnis Law \nRebecca Tinio\, Co-Chief\, Civil Fraud Unit\, U.S. Attorney’s Office\, Southern District of New York\n\n4:00 pm – 5:00 pm | CLE Panel: Ethical Dos and Don’ts at Every Stage of a Qui Tam Case\nThis 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. \n\nModerator: Giselle J. Joffre\, Partner\, Foley Hoag LLP\nAshley Bailey\, Professional Responsibility Officer\, Commercial Litigation Branch\, U.S. Department of Justice\nBruce Judge\, Member\, Whistleblower Law Collaborative LLC\nLisa Meletta\, Of Counsel\, DLA Piper LLP\nDanielle Pelot\, Partner\, Choate Hall & Stewart LLP\n\nTo learn more about this panel: Giselle Joffre\, Panel Preview – Ethical Dos and Don’ts at Every Stage of a Qui Tam Case \n5:00 pm – 6:30 pm | Evening Networking Reception\nSponsored by: Holland & Knight LLP \nFriday\, February 17\n8:00 am – 8:30 am | Registration & Breakfast \n8:30 am – 9:45 am | CLE Panel: Settlement Landmines: New Dangers and How to Avoid Them\nFCA 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. \n\nModerator: Erica Hitchings\, Member\, Whistleblower Law Collaborative LLC\nJillian Estes\, Senior Attorney\, Morgan Verkamp LLC\nAmy Hargreaves\, Partner\, Latham & Watkins LLP\nBrian LaMacchia\, Deputy Chief\, Affirmative Civil Enforcement\, U.S. Attorney’s Office\, District of Massachusetts\n\n10:00 am – 11:15 am | CLE Panel: Navigating FCA Appeals\nBecause 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. \n\nModerator: Ilana H. Eisenstein\, Partner\, Co-Chair\, Appellate Advocacy Practice\, DLA Piper\nDaniel Geyser\, Partner\, Haynes & Boone\nDoug Hallward-Driemeier\, Partner\, Ropes & Gray\nMelissa Patterson\, Trial Attorney\, Civil Appellate Division\, U.S. Department of Justice\n\n11:30 am – 12:45 pm | CLE Panel: Interviewing Whistleblowers: Techniques and Cautions\nWhat 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? \n\nModerator: Gregg Shapiro\, Partner\, Newman & Shapiro\nRoberto Coviello\, Assistant Special Agent in Charge\, Office of Inspector General\, U.S. Department of Health and Human Services\nLaurie Oberembt\, Senior Trial Counsel\, Civil Fraud Section\, U.S. Department of Justice\nBrandie Weddle\, Associate General Counsel\, Booz Allen Hamilton\n\nTo learn more about this panel: Gregg Shapiro\, Panel Preview – Interviewing Whistleblowers: Techniques and Cautions \n12:45 pm – 2:15 pm | Keynote Luncheon \n\nMichael C. Galdo\, Acting Director for COVID-19 Fraud Enforcement\, U.S. Department of Justice\nJamie Ann Yavelberg\, Director\, Fraud Section\, Commercial Litigation Branch\, Civil Division\, U.S. Department of Justice\n\n2:15 pm – 3:30 pm | CLE Panel: The Future of Pandemic Fraud Prosecution\nWith $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. \n\nModerator: Derek Adams\, Partner\, Potomac Law Group\, PLLC\nJohn Black\, Partner\, Black and Buffone\nColin Huntley\, Deputy Director\, Civil Fraud Section\, U.S. Department of Justice\nColleen Kennedy\, Deputy Chief\, Civil Division\, U.S. Attorney’s Office\, Eastern District of California\n\n3:45 pm – 5:00 pm | CLE Panel: Judging the FCA: A View from the Bench\nFrom 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. \n\nModerator: Christopher B. Harwood\, Partner\, Morvillo Abramowitz Grand Iason & Anello PC\nHon. Jed S. Rakoff\, Senior U.S. District Judge\, U.S. District Court\, Southern District of New York\nHon. Freda L. Wolfson (ret.)\, Partner\, Lowenstein Sandler LLP; former U.S. District Judge (New Jersey)\n\n5:00 pm | Closing Remarks: Megan Mocho \n\nRegistration\nAdvance online registration is now closed.\nOnsite registration is available for in-person participation at the registration desk on Thursday\, February 16.\nBy registering for this event\, you agree to the posted event terms and conditions. \nRegistration Rates (In-Person) \n\nOnsite: Sustaining Member $515\nOnsite: Qui Tam Section Member $510\nOnsite: Member $545\nOnsite: Nonmember $695\nOnsite: Government/Academic $400\nOnsite: Law Student $240\n\nAccommodations: 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. \nCancellation 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. \n\n\n\nCLE\nAttendees can receive up to 12.5 General CLE credits (14.7 credits for 50-min states). \nCLE 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. \n\nHotel & Travel\nHilton Washington DC Capitol Hill\n525 New Jersey Ave NW\nWashington\, DC 20001 \nHotel Reservations:\nThe 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. \nParking: Valet Parking @ 50% posted rate (currently $59/day) for conference attendees. \nMetro: The closest metro station stop is Union Station (Red) – two blocks or a 10 minute walk from the hotel. \n\nSponsors\nPremier Partner \n \nConference Contributors \n \n \n \nWi-Fi Provider \n \nReception Sponsors \n \n\nPietragallo Gordan Alfano Bosick & Raspanti LLP\nMoloLamken LLP\nHarter Secrest & Emery LLP\n\nBreakfast/Break Sponsor \n\nBlank Rome LLP\n\n[View Sponsorship Prospectus] \nSponsors receive customized deliverables per conference\, including company visibility and registration benefits! \nContact Barbara Bienkowsi at sponsor@fedbar.org for sponsorship opportunities. \n\nEmail Communication Policy: By registering for this event\, you agree to receive email communication 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. \nRecording Disclaimer: By registering for an online FBA program\, you agree to the recording of audio and visual content presented during the live event and consent to subsequent use of the recording by the FBA. You agree that the recording is the sole property of the FBA and that the recording may be used by the FBA in any manner in its sole and absolute discretion. This recording may include questions and poll responses provided by you during the live event. If you do not consent to the recording and the FBA’s use of the same\, do not register for the event. \nFinancial Assistance: Program registrants (both FBA members and nonmembers) who are unable to afford the registration fee may receive a 50% discount on the member rate. Qualifying attorneys include those who are unemployed or actively seeking employment. A formal letter requesting the discount must be emailed to meetings@fedbar.org. That letter needs to state the reason for the attorney’s interest in the course or activity\, as well as proof of income or an explanation of the financial hardship\, and it must be signed by the requesting lawyer. \nIf you have any questions regarding this program\, please contact meetings@fedbar.org.
URL:https://www.fedbar.org/event/quitam23/
LOCATION:Hilton Washington DC Capitol Hill\, 525 New Jersey Ave NW\, Washington\, DC\, 20001
CATEGORIES:Qui Tam Section
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