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Qui Tam Actions: Guidance for Counsel for Managing Whistleblower Suits

Navigating the False Claims Act, Government Interventions and Plaintiff/Defense Motions, and Negotiating Favorable Settlements

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, April 21, 2016

Recorded event now available

or call 1-800-926-7926

This CLE course will discuss evolving trends related to qui tam lawsuits and settlements that are litigated under both the federal and state False Claims Acts (FCAs). The panel will discuss best practices for pursuing or defending whistleblower cases against companies doing business with the government, including such issues as navigating procedural challenges, calculating or disputing damages and penalties, and negotiating settlements.

Description

In 2015 alone, more than $1 billion has been returned to federal and state governments pursuant to FCA settlements and judgments against companies and individuals found to have made false claims for government payments. Because of this significant volume of cases and damages awards, class action attorneys are increasingly being retained as litigation counsel to represent individuals in declined qui tam actions under the federal and state FCAs. As such, qui tam whistleblowers (otherwise known as relators) and their attorneys are key players in the fight against government fraud.

Counsel handling these cases must confront a number of procedural challenges, in order to effectively assist whistleblowers in pursuing FCA claims on behalf of the government. Counsel must be able to determine which motions to utilize and/or how to oppose such motions, recognize how such procedural matters may impact outcomes for damages or settlement, and understand how to address the potential impact of the government intervening in the case.

Listen as our authoritative panel of experienced qui tam attorneys explains current trends in FCA and state law qui tam actions and provides best practices for managing whistleblower cases. The panel will discuss how to navigate pretrial and procedural challenges, calculating or disputing damages and penalties, and settlement or judgment strategies.

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Outline

  1. Recent trends, case filings and recoveries
  2. Filing qui tam suits and seeking government investigation/intervention
  3. Procedural challenges and strategies
  4. Calculation and proof of damages

Benefits

The panel will review these and other key issues:

  • What are the latest legal developments impacting qui tam lawsuits under the federal and state FCAs?
  • What are the procedural steps a plaintiff must follow when filing a qui tam action?
  • What methods are used to calculate and prove damages under the FCA, particularly when damages are not easy to ascertain?
  • What have proven to be the most successful types of qui tam cases?

Faculty

Hayden A. Coleman
Hayden A. Coleman
Of Counsel
Quinn Emanuel

Mr. Coleman specializes in defending consumer goods manufacturers and insurance companies facing all types of aggregate...  |  Read More

Shauna B. Itri
Shauna B. Itri
Shareholder
Berger & Montague

Ms. Itri concentrates her practice on complex litigation, specifically representing whistleblowers in qui...  |  Read More

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