Implied Certification Liability Under the FCA: Guidance for Healthcare Counsel to Navigate the Circuit Split
Minimizing the Likelihood of Penalties, Cost of Litigation and Damages; Ensuring Regulatory or Contractual Compliance
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to healthcare counsel on the implied certification doctrine. The panel will explore how the courts are applying the doctrine and the circuit split and the impact that has on litigation strategy. The panel will also discuss best practices for ensuring compliance to minimize the risk of litigation.
- Implied certification doctrine
- Trends in the use of the doctrine
- Court treatment—circuit split
- Practical guidance for companies facing suits based on implied false certification theory
- Motion practice
- Settlement considerations
- Best practices for compliance
The panel will review these and other key issues:
- What are the trends in the use of the implied certification doctrine and how are the courts treating the issue?
- How are motion practice and the potential for underlying liability impacted depending on where litigation is filed?
- What best practices can counsel employ to ensure compliance and minimize the risk of litigation?
Adam S. Lurie
Cadwalader Wickersham & Taft
Mr. Lurie is a trial lawyer and corporate counselor who serves as lead counsel for clients in civil, criminal, and... | Read More
Mr. Lurie is a trial lawyer and corporate counselor who serves as lead counsel for clients in civil, criminal, and regulatory disputes. He has particular expertise in cross-border and other matters involving considerable reputational, financial, and regulatory risks. He draws on his prior experience as a U.S. Department of Justice white-collar prosecutor and senior official and as a top lawyer for the U.S. Congress, in counseling his clients.Close
McDermott Will & Emery
Ms. McLane represents national and international health care providers and other companies in government investigations... | Read More
Ms. McLane represents national and international health care providers and other companies in government investigations and qui tam litigation based on the False Claims Act (FCA) and related statutes. She also routinely advises clients in all aspects of parallel civil and criminal investigations relating to Medicare and Medicaid billing issues and other government contracting issues, including negotiating with the government and managing clients’ responses to civil investigative demands and large-scale subpoenas arising from those investigations.Close
Anne M. Tompkins
Cadwalader, Wickersham & Taft
Ms. Tomkins' practice focuses on representing companies and financial institutions, as well as their officers... | Read More
Ms. Tomkins' practice focuses on representing companies and financial institutions, as well as their officers and directors in criminal, civil, and administrative investigations. She has extensive experience in crisis management, internal investigations, and enforcement matters across a variety of industries, including financial services, telecommunications, pharmaceutical/healthcare, and government contracting. She previously was the United States Attorney for the Western District of North where she led numerous high profile, complex criminal and civil investigations during her tenure.Close
Emma R. Cecil
Ms. Cecil focuses her practice on defending individuals in a range of white collar matters and representing health care... | Read More
Ms. Cecil focuses her practice on defending individuals in a range of white collar matters and representing health care providers in whistleblower actions brought under the False Claims Act, including those involving the Anti-Kickback Statute and Stark law. She also regularly represents health care providers and other professionals in investigations and disciplinary actions by their respective licensing boards, and both companies and individuals in complex civil litigation matters.Close