{"id":6,"date":"2019-12-09T18:18:07","date_gmt":"2019-12-09T18:18:07","guid":{"rendered":"https:\/\/www.fedbar.org\/qui-tam-section\/\/recent-events\/"},"modified":"2023-02-01T15:57:27","modified_gmt":"2023-02-01T15:57:27","slug":"recent-events","status":"publish","type":"page","link":"https:\/\/www.fedbar.org\/qui-tam-section\/quitam\/recent-events\/","title":{"rendered":"Past Programming"},"content":{"rendered":"

If you\u2019d like to bring \u201cThe FCA Today\u201d to your jurisdiction, contact soswald@employmentlawgroup.com<\/a>.<\/em><\/p>\n

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The False Claims Act Today \u2014 Tampa, Fla.<\/strong><\/p>\n

On December 5, 2019<\/strong>, \u201cThe False Claims Act Today\u201d traveling CLE made its most-anticipated stop yet, arriving in the nation\u2019s busiest FCA jurisdiction \u2014 the Middle District of Florida.<\/p>\n

The event, hosted by the Qui Tam Section in cooperation with the FBA\u2019s Tampa Bay chapter, took place before a packed house at the University Club of Tampa. Attendees heard Kyle Cohen, Assistant U.S. Attorney for M.D. Fla., discuss the reasons for his district\u2019s highly active and nationally focused docket \u2014 which include, he said, support from successive U.S. Attorneys; rigorous training of Affirmative Civil Enforcement staff; and a commitment to transparency when working with relators and their counsel.<\/p>\n

Also speaking at the CLE were the Hon. Christopher Tuite, Magistrate Judge for M.D. Fla.; relator-side counsel Jesse Hoyer of Hoyer Law Group; and Jack E. Fernandez of Zuckerman Spaeder, representing FCA defendants.<\/p>\n

As always at an \u201cFCA Today\u201d event, the discussion focused on the nitty-gritty of FCA practice in a specific jurisdiction. Judge Tuite, for instance, noted the preference of M.D. Fla. judges for a \u201cbelt-and-suspenders\u201d motion to seal each FCA case \u2014 rather than simply relying on courthouse procedure.<\/p>\n

The event was moderated by Qui Tam Section chair R. Scott Oswald, managing principal of The Employment Law Group, P.C.<\/p>\n

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The False Claims Act Today \u2014 Albuquerque, N.M.<\/strong><\/p>\n

The False Claims Act is often invoked in cases of fraud against the U.S. government\u2019s Medicare insurance program, but federal dollars also support healthcare that\u2019s provided via Medicaid \u2014 a fact that informed much of the discussion on November 20, 2019<\/strong>, when \u201cThe False Claims Act Today,\u201d the Qui Tam Section\u2019s traveling seminar on the FCA, reached Albuquerque, N.M.<\/p>\n

\u201cThe FCA Today\u201d brings together local practitioners, prosecutors, and judges to talk about how to handle FCA cases in specific jurisdictions. Because New Mexico has the nation\u2019s highest percentage<\/a> of Medicaid beneficiaries, due partly to its high tribal population, the District of Mexico sees a lot of FCA cases based primarily on Medicaid claims. Such cases face unique issues as they typically require federal cooperation with state prosecutors and other state officials.<\/p>\n

Unraveling these challenges for a lively group of attendees were Ruth Keegan, Assistant U.S. Attorney for D.N.M.; the Hon. Steven Yarbrough, Magistrate Judge for D.N.M.; relator-side attorney Bryan Davis of Davis & Gilchrist; and Stefan Chac\u00f3n of Sutin, Thayer & Browne, representing FCA defendants.<\/p>\n

The event was moderated over lunch at the Pete Domenici U.S. Courthouse by R. Scott Oswald, our section chair and managing principal of The Employment Law Group, P.C., and offered CLE credit.<\/p>\n

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The False Claims Act Today \u2013 Macon, Ga.<\/strong><\/p>\n

On September 24, 2019<\/strong>, the Qui Tam Section\u2019s traveling CLE, \u201cThe False Claims Act Today,\u201d made its second visit to the Eleventh Circuit \u2014 this time touching down in Macon, Ga., for an event at the Mercer University School of Law. Over lunch, attendees heard about the key provisions of the FCA, with a special emphasis on its application in the Middle District of Georgia and the Eleventh more generally.<\/p>\n

On hand to share their experience and wisdom were the Hon. Tilman E. \u201cTripp\u201d Self, District Judge for M.D. Ga.; Todd Swanson, Assistant U.S. Attorney for M.D. Ga.; relator\u2019s counsel Aimee Hall of Pope McGlamry; and Edgar Bueno of Morris, Manning & Martin, representing FCA defendants.<\/p>\n

Among the useful nuggets: Judge Self is always open to extending the seal on FCA cases at prosecutors\u2019 request, but he requires some showing that progress is being made, while Mr. Swanson\u2019s office is eager to work with healthcare fraud relators who bring cases alleging harm to patients\u2014especially ongoing harm that would be stopped by government action.<\/p>\n

The event was moderated, as always, by section chair R. Scott Oswald, managing principal of The Employment Law Group, P.C., and included a Q+A opportunity and CLE credit.<\/p>\n

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The False Claims Act Today \u2013 Houston, Tex.<\/strong><\/p>\n

Everything is bigger in Texas, they say \u2014 and we certainly believe it, ever since our traveling CLE on \u201cThe False Claims Act Today\u201d landed in Houston on February 21, 2019<\/strong>.<\/p>\n

Not only was there a best-ever turnout for this event, thanks to the FBA\u2019s Southern District of Texas Chapter, but the local U.S. Attorney\u2019s Office made available its entire Affirmative Civil Enforcement crew (including investigators!) in support of panelist Andrew Bobb, Assistant U.S. Attorney for S.D. Tex., which gave attendees a huge learning opportunity during the Q+A session.<\/p>\n

Besides Mr. Bobb, the panel lineup included the Hon. Nancy Atlas, Senior District Judge for S.D. Tex.; relator\u2019s counsel Mitch Kreindler of Kreindler & Associates; and defense counsel Scott McBride of Morgan, Lewis & Bockius LLP.<\/p>\n

The event was moderated at the downtown offices of Lorde Locke by R. Scott Oswald, our section chair and managing principal of The Employment Law Group, P.C., and offered a high-level review of qui tam law \u2014 most especially as it is practiced in the Fifth Circuit \u2014 along with practice tips, Q+A, CLE credit, and lunch.<\/p>\n

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The False Claims Act Today \u2013 Seattle, Wash.<\/strong><\/p>\n

Federal prosecutors in the Western District of Washington have been seeking more cases from qui tam relators, which made Seattle a fitting venue for the October 9, 2018<\/strong> edition of \u201cThe False Claims Act Today,\u201d the Qui Tam Section\u2019s traveling tutorial on how the venerable FCA is applied in different jurisdictions.<\/p>\n

The Emerald City was the second Ninth Circuit location to host the seminar, after a 2017 outing in Sacramento, Calif. Panelists this time included the Hon. Theresa L. Fricke, U.S. Magistrate Judge for W.D. Wash.; Kayla Stahman, Assistant U.S. Attorney for W.D. Wash.; relator\u2019s counsel Mark Kleiman; and defense counsel Jeffrey B. Coopersmith of Davis Wright Tremaine.<\/p>\n

Serving as M.C., as always, was R. Scott Oswald, incoming chair of our section.<\/p>\n

After walking through the basics of FCA practice, the panel focused on Ninth Circuit decisions \u2014 including U.S. ex rel. Kelly v. Serco, Inc., 846 F.3d 325 (9th Cir. 2017), an early appellate-level application of the U.S. Supreme Court\u2019s Escobar ruling, and Malhotra v. Steinberg, 770 F.3d 853 (9th Cir. 2014), a case from W.D. Wash. in which the Ninth Circuit ruled that testimony during a deposition in a bankruptcy proceeding can count as a \u201cpublic disclosure\u201d under the FCA.<\/p>\n

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The False Claims Act Today \u2013 Norfolk, Va.<\/strong><\/p>\n

Lots of federal money is spent in and around the port of Norfolk, Va. \u2014 so it wasn\u2019t shocking that the great naval city delivered a record crowd for \u201cThe False Claims Act Today,\u201d the Qui Tam Section\u2019s ongoing series of seminars on how the anti-fraud law is applied in different jurisdictions.<\/p>\n

With a strong assist from the FBA\u2019s Hampton Roads chapter, the event packed a conference room at Kaufman & Canoles <\/a>on June 5, 2018<\/strong>, where attendees heard about local FCA practice from a panel featuring the Hon. Lawrence R. Leonard, Magistrate Judge of the U.S. District Court for the Eastern District of Virginia; Clare P. Wuerker, Assistant U.S. Attorney for E.D. Va.; defense counsel Patrick O\u2019Donnell of Kaufman & Canoles; and relator\u2019s counsel David Pearline.<\/p>\n

The event was moderated by R. Scott Oswald, incoming chair of the Qui Tam Section.<\/p>\n

Several of the examples were drawn from E.D. Va. cases that reached the Fourth Circuit\u2014especially as panelists delved into the FCA\u2019s prohibition on retaliation, the subject of whistleblower-friendly decisions in cases such as Young v. CHS Middle East, LLC, 611 F. App\u2019x 130 (4th Cir. 2015), and Mann v. Heckler & Koch Defense, Inc., 630 F.3d 338 (4th Cir. 2010). In the latter case, the court ruled that retribution is forbidden even where a whistleblower hasn\u2019t yet put together \u201call the pieces of the puzzle\u201d in a possible fraud.<\/p>\n

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The False Claims Act Today \u2013 Detroit, Michigan<\/strong><\/p>\n

The Eastern District of Michigan is tied as the highest-volume jurisdiction for qui tam lawsuits in the Sixth Circuit\u2014which made Detroit a natural stop for \u201cThe False Claims Act Today,\u201d the Qui Tam Section\u2019s traveling seminar about how the FCA is enforced in specific regions across the U.S.<\/p>\n

(The event visited the other Sixth District leader, the Southern District of Ohio, in 2017.)<\/p>\n

\u201cThe FCA Today\u201d rolled into the Motor City on May 2, 2018<\/strong>, offering lunch and CLE credit to attendees who listened to qui tam wisdom shared by The Honorable David M. Lawson, District Judge of the U.S. District Court for the Eastern District of Michigan; Peter Caplan, Assistant U.S. Attorney and chief of the Affirmative Litigation Unit for E.D. Mich.; defense counsel Abe Singer; and relator\u2019s counsel David Haron.<\/p>\n

The discussion was emceed by local attorney Michael J. Asher and by R. Scott Oswald, vice chair of the Qui Tam Section.<\/p>\n

Panelists reviewed the basics of qui tam law with a special focus on new Sixth Circuit cases such as U.S. ex rel. Crockett v Complete Fitness Rehabilitation, Inc., 721 F. App\u2019x. 451 (6th Cir. 2018), in which the court held that, unlike FCA fraud claims, FCA retaliation claims don\u2019t require plaintiffs to meet the heightened pleading standard of Rule 9(b) in order to avoid dismissal.<\/p>\n

The event was held in cooperation with the FBA\u2019s Eastern District of Michigan Chapter<\/a>.<\/p>\n

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The False Claims Act Today \u2013 Montgomery, Ala.<\/strong><\/p>\n

Montgomery, Ala., was the first stop in 2018 for \u201cThe False Claims Act Today,\u201d the Qui Tam Section\u2019s ongoing series of seminars that examine the real-life application of the FCA in specific jurisdictions across the U.S.<\/p>\n

The March 7<\/strong> luncheon event offered CLE credit and a first for the travelling symposium: A discussion that featured not just one local Assistant U.S. Attorney (the usual number) but three \u2014 one from each of Alabama\u2019s federal districts.<\/p>\n

AUSAs Jerusha Adams (M.D. Ala.), Deidre Colson (S.D. Ala.), and Don B. Long III (N.D. Ala.) were joined by The Honorable W. Keith Watkins, Chief Judge of the U.S. District Court for the Middle District of Alabama, along with defense counsel Thomas K. Potter, III of Burr & Furman and relator\u2019s counsel Andrew Brashier of Beasley Allen.<\/p>\n

Panelists surveyed the state of FCA law, including recent cases in the Eleventh Circuit such as U.S. ex rel. Marsteller v. Tilton, 880 F.3d 1302 (11th Cir. 2018), in which a three-judge panel agreed that \u2014 in light of the U.S. Supreme Court\u2019s 2016 Escobar ruling \u2014 a claim of fraud isn\u2019t disallowed just because it relies on \u201cimplied certification.\u201d<\/p>\n

The three AUSAs also compared their differing approaches to qui tam cases, from the cooperation they seek from whistleblowers to how they weigh whether to intervene in each case \u2014 and in the process they proved once again that, to paraphrase Tip O\u2019Neill, all FCA enforcement is local.<\/p>\n

The event, staged with the help of the FBA\u2019s Montgomery chapter, was particularly striking for its location: The Frank M. Johnson Jr. Federal Building and U.S. Courthouse<\/a>, which houses the balconied courtroom in which storied cases such as Browder v. Gayle\u2014which delivered victory to the Montgomery bus boycotters who were outraged by the arrest of Rosa Parks\u2014were argued.<\/p>\n

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The False Claims Act Today- Cincinnati, Ohio<\/strong><\/p>\n

The Qui Tam Section completed its 2017 schedule of seminars on \u201cThe False Claims Act Today\u201d in Cincinnati on October 10, 2017<\/strong>, as distinguished local panelists shared their insights on FCA practice in the Southern District of Ohio (S.D. Ohio).<\/p>\n

The luncheon event was supported by the FBA\u2019s Cincinnati chapter. Speakers included James B. Helmer<\/a>, a giant of the qui tam bar and author of a leading treatise <\/a>on FCA litigation; Erin Campbell<\/a>, a shareholder in Mr. Helmer\u2019s firm, which represents FCA relators; the Hon. Michael R. Barrett<\/a>, a judge of the U.S. District for S.D. Ohio; Matthew J. Horwitz<\/a>, an Assistant U.S. Attorney for the district; and William A. Posey<\/a>, who represents FCA defendants\u2014including one of the parties in the landmark FCA case of Allison Engine Co. Inc. v. United States ex rel. Sanders, where he battled Mr. Helmer up to the Supreme Court.<\/p>\n

As always in this ongoing series of seminars\u2014for which Continuing Legal Education credit is available\u2014panelists walked through the history and recent development of the FCA, including a review of precedents in the relevant U.S. court of appeals, here the Sixth Circuit.<\/p>\n

Among the cases discussed: Prather v. Brookdale Senior Living Communities, Inc., 838 F.3d 750 (6th Cir. 2016), the first time the Sixth Circuit allowed an FCA case to proceed based on a relator\u2019s pleading of personal knowledge that supported \u201ca strong inference that a [false] claim was submitted.\u201d<\/p>\n

The panel\u2019s government representatives offered valuable practice tips. Judge Barrett, for instance, discussed his conditions for granting a seal extension, while Mr. Horwitz outlined the types of FCA claim his office is most likely to support\u2014with a particular focus on claims he can use as \u201cthe tip of the spear\u201d in the U.S. Attorney\u2019s campaign against Ohio\u2019s opioid crisis.<\/p>\n

The speakers also participated in a lively Q+A period with the attendees and moderator Scott Oswald <\/a>from The Employment Law Group, P.C., who is vice chair of the Qui Tam Section and organizer of the seminar series.<\/p>\n

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The False Claims Act Today- Buffalo, N.Y. <\/strong><\/p>\n

On September 19, 2017<\/strong>, Buffalo became the latest stop for \u201cThe False Claims Act Today,\u201d the Qui Tam Section\u2019s ongoing seminar series that offers a region-by-region view of FCA practice via discussion with local attorneys, judges, and government officials\u2014all for Continuing Legal Education credit.<\/p>\n

The panel featured heavy hitters including the Hon. Frank P. Geraci, Jr.<\/a>, Chief Judge of the U.S. District Court for W.D.N.Y.; Kathleen Lynch<\/a>, an Assistant U.S. Attorney for the district; Brian Feldman<\/a>, a former AUSA who now represents FCA defendants; and Randall Fox<\/a>, formerly of the New York Attorney General\u2019s office and now representing FCA relators.<\/p>\n

Attendees got a quick primer on the FCA; heard about recent developments in the Second Circuit; learned the factors weighed by AUSA Lynch in deciding whether to intervene in qui tam cases; listened to insights from Chief Judge Geraci about his approach to sealed cases; and witnessed a free-wheeling panel discussion that offered tips on all sides of FCA practice.<\/p>\n

After the formal program, panelists engaged in a Q+A period with the attendees and moderator Scott Oswald<\/a> from The Employment Law Group, P.C., who organizes these seminars and is vice chair of the Qui Tam Section.<\/p>\n

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The False Claims Act Today- Sacramento <\/strong><\/p>\n

On May 15, 2017<\/strong>, the Qui Tam Section continued its CLE series \u201cThe False Claims Act Today,\u201d which convenes local attorneys, judges, and government officials to discuss the venerable federal statute and its practice in their jurisdiction\u2014and offers Continuing Legal Education (CLE) credit for those who attend.<\/p>\n

The second in this ongoing series was hosted in the Eastern District of California with tremendous support from the FBA\u2019s Sacramento chapter. \u00a0The event featured experienced practitioners from both sides of the bench, as well as the local ACE coordinator and a federal judge.\u00a0 Attendees learned how the US Attorney\u2019s office vets False Claims Act (FCA) cases and ultimately decides whether to intervene. The CLE also provided a primer on the FCA; a discussion of important cases, including recent developments in the Ninth Circuit; practice tips; and a panel discussion that covered all sides of FCA practice.<\/p>\n

Blanca Fromm Young<\/a> of Munger Tolles & Olson LLP represented defense counsel in a discussion of the statutory framework of the FCA and obstacles for bringing an FCA claim, including the heightened pleading standard. Brooks Cutter<\/a> of Cutter Law P.C. represented relator\u2019s counsel in a discussion on the history of the FCA, including theories of liability and the elements parties must meet. Colleen Kennedy<\/a>, Assistant U.S. Attorney and ACE Coordinator for the Eastern District of California, provided practice tips and explained how her office handles intake, investigation, and litigation of FCA cases. And Judge Kimberly Mueller<\/a> provided invaluable insight into the Court\u2019s approach to sealed cases\u2014 including factors she considers when deciding whether to grant seal extensions.<\/p>\n

After the formal presentation, panelists engaged in a question-and-answer period with the attendees and moderator Scott Oswald<\/a> from The Employment Law Group, P.C. Lunch was provided and attendees earned 1.5 CLE credits for the event.<\/p>\n","protected":false},"excerpt":{"rendered":"

If you\u2019d like to bring \u201cThe FCA Today\u201d to your jurisdiction, contact soswald@employmentlawgroup.com. The False Claims Act Today \u2014 Tampa,…<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":3,"menu_order":4,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"kp-content-permissions":[],"class_list":["post-6","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.fedbar.org\/qui-tam-section\/wp-json\/wp\/v2\/pages\/6","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.fedbar.org\/qui-tam-section\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.fedbar.org\/qui-tam-section\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.fedbar.org\/qui-tam-section\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.fedbar.org\/qui-tam-section\/wp-json\/wp\/v2\/comments?post=6"}],"version-history":[{"count":15,"href":"https:\/\/www.fedbar.org\/qui-tam-section\/wp-json\/wp\/v2\/pages\/6\/revisions"}],"predecessor-version":[{"id":188,"href":"https:\/\/www.fedbar.org\/qui-tam-section\/wp-json\/wp\/v2\/pages\/6\/revisions\/188"}],"up":[{"embeddable":true,"href":"https:\/\/www.fedbar.org\/qui-tam-section\/wp-json\/wp\/v2\/pages\/3"}],"wp:attachment":[{"href":"https:\/\/www.fedbar.org\/qui-tam-section\/wp-json\/wp\/v2\/media?parent=6"}],"wp:term":[{"taxonomy":"kp-content-permissions","embeddable":true,"href":"https:\/\/www.fedbar.org\/qui-tam-section\/wp-json\/wp\/v2\/kp-content-permissions?post=6"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}