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Successfully Pursuing and Defending Qui Tam Lawsuits Under the Federal False Claims Act

 

Learn key points to consider when faced with defending a qui tam lawsuit.

False Claims Act lawsuits filed and pursued by qui tam relators continue unabated, with new qui tam matters averaging more than 700 per year. These lawsuits are brought against defendants across all industries that involve government money, from health care and defense to the education, financial, and technology industries. Even after a government investigation and decision not to intervene, qui tam relators often doggedly pursue FCA claims in anticipation of a relator's share of the recovery (or settlement). This course will flag key considerations for defendants across all industries when faced with defending a qui tam lawsuit. In particular, this material will explain the current state of the law with respect to key FCA defenses, including those uniquely applicable to qui tam lawsuits, and describe how defendants can successfully position themselves for dispositive motions, discovery, and potential resolution.

Agenda

Faculty

Kayla Stachniak Kaplan

Kayla Stachniak Kaplan

Morgan, Lewis & Bockius LLP

  • Senior associate in Morgan Lewis & Bockius LLP’s litigation practice, based out of the Washington, D.C. office
  • Represents clients across all industries in complex commercial litigation and internal and government investigations, with a focus on civil False Claims Act (FCA) cases
  • Her clients have included both corporations and individuals in the aerospace and defense, financial services, insurance, health care, pharmaceutical, real estate development, and manufacturing industries
  • Regularly writes and speaks on civil FCA developments, including substantial contributions to one of the most frequently cited FCA treatises, Wolters Kluwer’s fifth edition of Civil False Claims and Qui Tam Actions
  • Graduate, James Kent Scholar, Columbia Law School
  • Can be contacted at [email protected] or 202-739-5736
Neaha P. Raol

Neaha P. Raol

Morgan, Lewis & Bockius LLP

  • Senior associate in Morgan Lewis & Bockius LLP’s litigation practice, based out of the Washington, D.C. office
  • Experience handling complex civil litigation with a focus on civil fraud enforcement matters, including federal False Claims Act (FCA) and state false claims act cases
  • Represents clients in the financial services, health care, government contracts, aerospace and defense, and real estate development industries
  • Graduate, University of North Carolina School of Law
  • Can be contacted at [email protected] or 202-739-5702
Ryan P. McCarthy

Ryan P. McCarthy

Morgan Lewis & Bockius LLP

  • Partner in Morgan Lewis & Bockius LLP’s litigation practice, based out of the Philadelphia office
  • Defends and advises clients in high-stakes litigation and sensitive government investigations across a range of industries such as life sciences, health care, financial services, technology, retail, and education
  • A key strength of his practice is defending clients in False Claims Act matters and counseling clients facing internal allegations of legal and compliance problems
  • Experience includes investigations and litigation arising under the False Claims Act, Anti-Kickback Statute, Food Drug & Cosmetic Act, Stark Law, Foreign Corrupt Practices Act, National Defense Authorization Act, and the mail/wire fraud, money laundering, bank secrecy, public corruption, and securities laws
  • His litigation matters have spanned mediation, arbitration, trial, and appeals, as well as the negotiation of pleas, deferred prosecution agreements, civil settlements, and corporate integrity agreements
  • Graduate, cum laude, University of Pennsylvania Law School
  • Can be contacted at [email protected] or 215-963-5412

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