False Claims Act Litigation: Proof, Defenses, Individual Liability, and More
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss litigation tactics for defending False Claims Act (FCA) cases, including individual liability and the impact of the Yates Memo on FCA liability and reverse false claims. The program will look at recent trends in FCA litigation and recent case law developments.
- Recent FCA litigation trends
- FCA claims
- Statute of limitations
- Materiality: Escobar and the implied certification theory
- Burden of proof
- Individual liability: Impact of Yates Memo on FCA liability
- Reverse false claims
The panel will review these and other key issues:
- What has been the impact of the Yates Memo on individual liability in the context of FCA litigation?
- How are courts interpreting the implied certification theory post-Escobar?
- What are the recent developments impacting FCA “reverse false claims” enforcement?
Stuart F. Delery
Gibson Dunn & Crutcher
Mr. Delery's practice focuses on representing corporations and individuals in high-stakes litigation and... | Read More
Mr. Delery's practice focuses on representing corporations and individuals in high-stakes litigation and investigations that involve the federal government across the spectrum of regulatory litigation and enforcement. Before joining the firm, he was the Acting Associate Attorney General of the United States, from 2014-2016, during which he oversaw the civil and criminal work of five of DOJ's litigating divisions -- Antitrust, Civil, Civil Rights, Environment and Natural Resources, and Tax -- as well as components supporting state and local law enforcement, among others. As a member of DOJ's senior management team, he assisted the Attorney General and Deputy Attorney General in formulating and implementing DOJ policies. Previously, he was the Assistant Attorney General for the Civil Division where he supervised the DOJ's enforcement efforts under the False Claims Act, FIRREA and the Food, Drug and Cosmetic Act.Close
Jonathan M. Phillips
Gibson Dunn & Crutcher
Mr. Phillips focuses his practice on FDA and health care compliance, enforcement, and litigation, as well as other... | Read More
Mr. Phillips focuses his practice on FDA and health care compliance, enforcement, and litigation, as well as other white collar enforcement matters and related litigation. He defends government contractors and their affiliates in government investigations under the False Claims Act and in related whistleblower litigation. He has substantial experience representing clients in investigations regarding alleged off-label promotion and Anti-Kickback Statute violations, as well as other regulatory issues. He previously worked as a Trial Attorney in the Civil Division, Fraud Section of the U.S. Department of Justice, where he investigated and prosecuted allegations of fraud against the United States under the False Claims Act and related statutes.Close