Federal Bar Association

2024 Qui Tam Conference
2024-02-22 - 2024-02-23 | Hilton Washington DC Capitol Hill, 525 New Jersey Ave NW, Washington, DC, 20001
EVENT RECAP
The Government and Modern FCA Practice
The Qui Tam Section hosted its Annual Hybrid Qui Tam Conference on Thursday, February 22 – Friday, February 23, 2024. Session programming explored the fundamental role that the government plays in all FCA qui tam cases, from the initial relator interview, through the government’s investigation and intervention decision, to litigation, trial, and appeals (in both intervened and declined cases), as well as the final resolution of cases regardless of the stage of the matter. Nearly 400 attendees joined the event, marking this as a nationally growing program that’s is high value for those interested in False Claims Act litigation.
Dates for February 2025 will be announced this Summer.
Co-Hosted by the Qui Tam Section.
Read a younger lawyer’s full recap of the conference on the FBA blog.

Conference Coverage Online

ALM – After Record Breaking Year, Qui Tam Conference Stresses DOJ Efficiency in False Claims Act Matters
Bloomberg – Extending Secrecy in Whistleblower Probes Divides DOJ, Judges
DC Bar – Qui Tam Panel Offers Insight into State False Claims Act Litigation Landscape

Sponsors
Premier Partner

Event Partner

CLE App Provided by

Conference Contributor

Reception Sponsor (Thursday)
Holland & Knight LLP
Reed Smith LLP
Reception Sponsor (Wednesday)
MoloLamken LLP
Schertler Onorato Mead & Sears
Wiley Rein LLP
Session Sponsor
Bird, Marella, Rhow, Lincenberg, Drooks & Nessim, LLP
Hogan Lovells
Breakfast/Break Sponsor
Blank Rome LLP
Pietragallo Gordon Alfano Bosick & Raspanti, LLP
Onsite Exhibitors
Hogan Lovells
FBA is dedicated to promoting the welfare, interests, education, and professional development of attorneys involved in federal law. With more than 14,000 members—including 2,000 federal judges— the FBA provides digital, print, and in person sponsorship opportunities that foster the exchange of knowledge, professional development, and networking and marketing opportunities which are outlined in the event sponsorship prospectus.
Email sponsor@fedbar.org to learn more about our sponsorship opportunities.

2024 Agenda
Wednesday, February 21
5:00 p.m. | Registration | Hilton Washington DC Capitol Hill
Ballroom Foyer~ Lower Lobby Level
5:30 p.m. – 7:00 p.m. | Opening Reception: Both Sides of the Bar
Hosted at Conference Hotel, Hilton Washington DC Capitol Hill (Location: Sagamore, Executive, Ashlawn, Lower Lobby Level)
Sponsored by MoloLamken LLP, Schertler Onorato & Sears, Wiley Rein LLP
Thursday, February 22
7:45 a.m. – 8:30 a.m. | Registration & Breakfast
8:15 a.m. | Opening Remarks: Megan Mocho, Chair, FBA Qui Tam Section
8:30 a.m. – 9:45 a.m. | [CLE] FCA 2023 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 2023 and distill some of the important takeaways for FCA practitioners.

Moderator: John Thomas, Partner, Hafemann Magee Thomas
Jessie K. Liu, Partner, Government Enforcement and White-Collar Crime; Litigation, Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates
Tejinder Singh, Partner, Sparacino PLLC
Claire M. Sylvia, Partner, Phillips & Cohen LLP
Jamie Yavelberg, Director, Commercial Litigation Branch, Fraud Section, Civil Division, U.S. Department of Justice

10:00 a.m. – 11:15 a.m. | [CLE] Insider, Competitor, Analyst, Doe: Who’s Your Whistleblower?
Join my esteemed panelists in a discussion about the evolution of Relators from historical company insiders to expert data analysts and all shapes and sizes of Relators in between. We will evaluate the predominant types of relators presently filing FCA cases, including a discussion about what those relators bring to the table, how the government and defendants perceive each type of relator, and what practice pointers all parties should be aware of when filing and proceeding with a case based on relator type, using real world cases for reference.

Moderator: Eva Gunasekera, Partner, Tycko & Zavareei LLP
Sara Brinkmann, Partner, King & Spalding LLP
Ed Crooke, Assistant Director, Commercial Litigation Branch, Fraud Section, Civil Division, U.S. Department of Justice
Michael Ronickher, Partner, Constantine Cannon LLP

11:30 a.m. – 12:45 p.m. | [CLE] Perilous or Persuasive?: Decision Points and Approaches for Making Your Case to the Government
Hear various perspectives on responding effectively to a government subpoena. From the important decision points to potential pitfalls, panelists will discuss topics such as:
> How recent DOJ guidance to prosecutors influences their case examination, including modern realities of collecting and producing information (e.g., use of personal devices and ephemeral messaging)
> Impact for individuals – current and former employees
> Fact-finding and disclosures – what do you need to learn, what do you share, how, and when
> Presentations – advocacy and reverse proffers
> Data analytics

Moderator: Danielle Pelot, Partner, Choate, Hall & Stewart LLP
Denise Barnes, Partner, Honigman LLP
Payal Salsburg, Partner, Laredo & Smith LLP
Diane Seol, Assistant United States Attorney, U.S. Attorney’s Office, District of Massachusetts
Brandie Weddle, Senior Corporate Counsel, Northrop Grumman

12:45 p.m. – 2:15 p.m. | Keynote Luncheon
[KEYNOTE] Brian M. Boynton, Principal Deputy Assistant Attorney General, Civil Division, U.S. Department of Justice
Brian M. Boynton joined the Department of Justice on January 20, 2021 as the Principal Deputy Assistant Attorney General in the Civil Division. Prior to rejoining the Department, Mr. Boynton was a partner at Wilmer Cutler Pickering Hale and Dorr LLP in Washington, D.C. He previously served at the Department from late 2014 through early 2017, first as a Deputy Assistant Attorney General in the Office of Legal Counsel and then as a Counselor to Attorney General Loretta E. Lynch. Prior to that service, Mr. Boynton had been the Vice Chair of the Government and Regulatory Litigation Group at WilmerHale, where he practiced from 2002 through 2014. Mr. Boynton clerked for then-Chief Judge Douglas H. Ginsburg at the United States Court of Appeals for the District of Columbia Circuit and for Judge Vaughn R. Walker at the United States District Court for the Northern District of California. Mr. Boynton graduated from Stanford Law School in 2000 and from Dartmouth College in 1997.
2:15 p.m. – 3:30 p.m. | [CLE] The Government’s Impact on Declined vs. Intervened FCA Cases
The government plays an important role in all litigated FCA cases. That role differs, however, depending on whether the government has intervened or declined. This panel will focus on three key phases of a litigated FCA case—motions practice, discovery, and pre-trial settlement—and will explore the government’s impact on that phase of litigation in both scenarios. Panelists will provide real-world, practical tips to help relators’ counsel and defense counsel effectively navigate both intervened and declined FCA cases.

Moderator: Amy Kossak, Senior Trial Counsel, Fraud Section, Civil Division, U.S. Department of Justice
Amy Easton, Partner, Phillips & Cohen LLP
Jack Selden, Partner, Bradley Arant Boult Cummings LLP
Steven T. Sharobem, Assistant United States Attorney, U.S. Attorney’s Office, District of Massachusetts

3:45 p.m. – 5:00 p.m. | [CLE] Resolving FCA Cases: Determining FCA Damages
The scope of potential damages drives nearly every major decision in a case from whether to settle or push to trial to whether to initiate the proceeding in the first place. Despite—or perhaps because of—the significance of the issue, courts and practitioners alike still struggle to find common ground on a number of key damages issues. The panelists will discuss some contemporary issues in the world of FCA damages, explain how those issues impact their decision-making process, and offer tips on how to address them.

Moderator: Benjamin Wei, Senior Trial Counsel, Fraud Section, Civil Division, U.S. Department of Justice
Kathleen Chandler, Partner, Bates White
Graham Cronogue, Partner, Baker & McKenzie LLP
Susan Gouinlock, Senior Partner, Wilbanks & Gouinlock

5:00 p.m. | Closing Remarks: Megan Mocho, Chair, FBA Qui Tam Section
5:00 p.m. – 6:30 p.m. | Reception
Sponsored by Holland & Knight LLP and Reed Smith LLP
Friday, February 23
7:30 a.m. – 8:30 a.m. | Registration & Breakfast
8:15 a.m. | Opening Remarks: Megan Mocho, Chair, FBA Qui Tam Section
8:30 a.m. – 9:30 a.m. | [CLE] FCA Appeals: The DOJ’s Role in Shaping FCA Case Law
Deputy Assistant Attorney General Michael Granston and appellate advocate Tejinder Singh discuss the process by which the Department of Justice crafts positions to present to appellate courts, including the Supreme Court of the United States. Topics will include how the Department itself considers whether to appeal; how it decides whether to participate as an amicus in appeals in which the government is not a party; and how it decides what it wants to say in any given case.
>Sponsored by Bird, Marella, Rhow, Lincenberg, Drooks & Nessim, LLP

Moderator: Tejinder Singh, Partner, Sparacino PLLC
Michael Granston, Deputy Assistant Attorney General, Commercial Litigation Branch, Civil Division, U.S. Department of Justice
Benjamin Snyder, Assistant to the Solicitor General, U.S. Department of Justice

9:45 a.m. – 10:45 a.m. | [CLE] The USAO Perspective: A Chat with USAO Civil Chiefs and ACE Coordinators
Have you ever wondered just what goes on within the four walls of a United States Attorney’s Office after it receive a qui tam action? This panel is intended to provide some enlightenment on that topic. The panelists will discuss how their offices handle qui tam actions from intake to closure and will offer tips on best practices for dealing with offices across the country. Although offices can vary widely in how they approach these types of cases, there are some common themes, which the panelists will address.

Moderator: Neeli Ben-David, Civil Chief, U.S. Attorney’s Office, Northern District of Georgia
Patricia Fitzgerald, Civil Chief, U.S. Attorney’s Office, Northern District of Ohio
Randy Harwell, Civil Chief, U.S. Attorney’s Office, Middle District of Florida
Mary Murrane, Deputy U.S. Attorney, U.S. Attorney’s Office, District of Massachusetts
Amanda Rocque, Deputy Civil Chief, U.S. Attorney’s Office, District of Colorado

11:00 a.m. – 12:00 p.m. | [CLE] The Agency Perspective: The Role of Inspectors General in FCA Investigations
Offices of Inspector General (OIGs) play an integral role in False Claims Act enforcement. The panelists will discuss the ways in which OIGs collaborate and coordinate with the Department of Justice, from the inception of a case, through investigation, litigation, and resolution. The discussion will also feature practical tips for navigating voluntary self-disclosures and improving cooperation in FCA matters.

Moderator: Colin Huntley, Deputy Director, Fraud Section, Civil Division, U.S. Department of Justice
Sean W. O’Donnell, Inspector General, U.S. Environmental Protection Agency
Mary Clare Claud, Assistant Counsel, Office of Inspector General, U.S. General Services Administration
Susan Gillin, Assistant Inspector General for Legal Affairs, Office of Inspector General, U.S. Department of Health and Human Services
Christian Schrank, Deputy Inspector General for Investigations, Office of Inspector General, U.S. Department of Health and Human Services

12:00 p.m – 1:30 p.m. | Keynote Luncheon
[KEYNOTE] Robert Storch, Inspector General (IG), U.S. Department of Defense
Robert P. Storch is the Inspector General (IG) of the Department of Defense (DoD). He is the first DoD IG to be appointed by the President and confirmed by the Senate since early 2016, and assumed his responsibilities at the DoD Office of Inspector General (OIG) in December 2022. Before coming to the DoD OIG, Rob served for close to 5 years as the first presidentially appointed, Senate-confirmed IG for the National Security Agency/Central Security Service (NSA), where he worked to enhance the impact, independence, and transparency of the office’s work. He also spent several years at the Department of Justice (DOJ) OIG, where he served as the Deputy IG and as the DOJ OIG’s first Whistleblower Ombudsperson, leading efforts related to whistleblower rights and protections that he continued to emphasize at the NSA OIG and now at the DoD OIG.
[KEYNOTE] Rob DeConti, Chief Counsel to the Inspector General, Office of Inspector General, U.S. Department of Health and Human Services
Since 2023, Robert K. DeConti has served as Chief Counsel to the Inspector General, Department of Health and Human Services (HHS), Office of Inspector General (OIG). Mr. DeConti leads the more than 120-person HHS Office of Counsel to the Inspector General (OCIG). OCIG provides all legal services to HHS OIG, including advice on audits, investigations, evaluations, and OIG operations; representation of OIG in civil and administrative fraud enforcement; and issuance of guidance to the health care industry. Mr. DeConti oversees all OIG internal legal advice, coordination with the Department of Justice on False Claims Act cases involving HHS, OIG’s civil money penalty and program exclusion enforcement, negotiation and monitoring of corporate integrity agreements, and industry guidance on the anti-kickback statute and other OIG enforcement authorities. Mr. DeConti has served in a variety of management and staff positions in OCIG since 1999. These include Assistant Inspector General for Legal Affairs, Chief for the Administrative and Civil Remedies Branch, Deputy Chief for the Administrative and Civil Remedies Branch, and Senior Counsel. He also served as a Special Trial Attorney on detail in the Department of Justice, Fraud Section, Criminal Division. Mr. DeConti received a bachelor’s degree in History from the University of Virginia and a law degree from the American University Washington College of Law. He has received the HHS Secretary’s Award for Distinguished Service, among other awards.
1:30 p.m. – 2:30 p.m. | [CLE] Burgeoning Landscape of Tax Fraud and State AG Enforcement
Join us as former Washington, D.C. Attorney General and Hogan Lovells’ partner, Karl Racine, moderates a discussion on the growing emphasis of State Attorneys General on income tax fraud cases and recovery. Drawing on his extensive experience as the District’s top lawyer and his current role as a Chair of Hogan Lovells’ State AG practice group, Racine and panel of high level representatives from State AG offices, including DC Attorney General Brian Schwalb, discuss the complexities of the topic with insight and authority. The panel will explore strategies, challenges, and the evolving landscape of tax fraud enforcement at the state level for CLE credit.
>Session Sponsored by Hogan Lovells

Moderator: Karl Racine, Partner, Litigation, Arbitration, and Employment, Hogan Lovells
Thomas Teige Carroll, Bureau Chief, Taxpayer Protection Bureau, New York State Office of the Attorney General
Shelly Martin, Director of the False Claims Unit, Maryland Office of the Attorney General
Brian Schwalb, DC Attorney General, Office of the Attorney General for the District of Columbia

2:45 p.m. – 3:45 p.m. | [CLE] Taking FCA Cases to Trial – With and Without the Government
This panel will focus on taking FCA cases to trial in both intervened and declined matters and how the government’s presence impacts trial strategy. The discussion will center around cases actually tried by the panelists and the critical decision points before and during trial.

Moderator: Laurie Oberembt, Senior Litigation Counsel, Fraud Section, Civil Division, U.S. Department of Justice
Chad Blumenfield, Partner, Greene Espel PLLP
Elizabeth Hess, Partner, Kirkland & Ellis LLP
Jennifer Verkamp, Partner, Morgan Verkamp LLP

4:00 p.m. – 5:00 p.m. | [CLE] Ethics in Parallel Proceedings: Practices in the Prosecution and Negotiation of Criminal and Civil FCA Cases
There are unique ethical responsibilities that arise in the context of parallel proceedings between and among the criminal and civil prosecutors, as well as defense counsel and defendants. This panel will address the considerations for navigating both civil and criminal FCA cases at the initiation, investigation, and resolution stages. The panel will focus on the application of professional responsibility rules in the context of parallel investigations, where separate investigation and/or litigation teams are engaged in varying degrees of coordination with each other to address common conduct and parties, arising primarily under ABA Model Rules 4.1, 4.2, 4.4, 8.4, and others.

Moderator: Charlene K. Fullmer, Deputy Civil Chief, U.S. Attorney’s Office, Eastern District of Pennsylvania
Meredith Auten, Partner, Morgan Lewis & Bockius LLP
Lee Cortes, Executive Assistant U.S. Attorney, U.S. Attorney’s Office, District of New Jersey
Joshua Levy, Acting U.S. Attorney, U.S. Attorney’s Office, District of Massachusetts

5:00 p.m. | Closing Remarks: Megan Mocho, Chair, FBA Qui Tam Section

CLE
The FBA will seek 12.5 total CLE credit hours (including 1 ethics) for 60-minute states, and 14.7 total CLE credit hours (including 1.2 ethics) for 50-minute states.
Posted credit hours are estimates and subject to respective state approval and reporting rules. CLE qualifications vary by state/jurisdiction and the FBA takes every measure to collaborate with presenters to ensure approval. Accrediting agencies typically decide whether a program qualifies for credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Documentation for self-reporting states will be issued via email, upon state bar approval.
The FBA partners with ConferenceAdit LLC to track and report CLE credit for national conferences. Attendees are responsible for uploading their state bar information and tracking attendance through a dedicated webpage, issued in advance of the conference. Attendees will be instructed to check in and out of each panel to timestamp attendance. Approximately two weeks following the conference, personalized certificates will be issued via email.
Learn more about Continuing Legal Education (CLE) operations and reporting.
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