Universal Health Services v. Escobar: Avoiding Implied Certification Liability Under FCA

Recording of a 30-minute CLE webinar with Q&A


Conducted on Monday, July 25, 2016

Recorded event now available

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Program Materials

This webinar will examine the Universal Health Services Inc. v. United States ex rel. Escobar decision and its impact on implied certification liability under the False Claims Act (FCA) and will provide guidance on the Court's refined theory of implied certification, the preconditions for its application, and the materiality requirement.

Description

On June 16, 2016, the Supreme Court resolved a circuit split when it issued a unanimous decision in Universal Health Services, adopting a form of the implied certification theory under the FCA. The Court emphasized the importance of materiality and identified two preconditions for the application of its new standard for implied false certification liability.

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Benefits

Our presenter will review these and other key issues:

  • The new standard for implied false certifications set by the Court in Universal Health
  • Guidance on the application of the decision and what it could mean for FCA liability
  • The role of materiality in the scope of FCA liability
  • Best practices for assessing and managing FCA risks and developing a robust doctrine of materiality to limit exposure

Faculty

Jeffrey S. Bucholtz
Jeffrey S. Bucholtz

Partner
King & Spalding

Mr. Bucholtz is a partner in the National Appellate Practice of his firm's Business Litigation team. Prior to...  |  Read More

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