Business

False Claims Act: A Potential Qui Tam Tsunami

Synopsis

The False Claims Act (FCA) has been the most powerful weapon in combatting corporate fraud against the U.S. government, yet a growing number of these cases are now being initiated under the FCA’s qui tam provision by private plaintiffs in the name of the United States. These private plaintiffs, known as relators, have historically been whistleblowers with insider information, but their profile is rapidly changing, and this in conjunction with the DOJ lending resources to the growing plaintiff's bar is giving rise to the number creative and complex qui tam cases being filed. In addition, a recent decision in the Eastern District of Pennsylvania unfortunately helped to highlight the novel ways plaintiffs are using the False Claims Act to target companies in industries where FCA lawsuits have previously been rare. The Presenters of this course give a thorough overview of this case, along with helpful information about the FCA, background on qui tam lawsuits, and insightful steps to help reduce the risk of a qui tam lawsuit.



Outline

I. The False Claims Act and Qui Tam Potential
    A. What's Going to Be Covered
    B. A Primer on the False Claims Act
    C. Qui Tam Provisions
    D. Two Issues to Consider
    E.  Case in Point
         1. Background on the Case
         2. The Defense Rests     
    F.  Mitigation Strategies
    G. Wrapping It Up
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With influence and presence on both U.S. coasts and abroad, Pillsbury Winthrop Shaw Pittman LLP enjoys an expansive international platform. The firm has 14 offices in global centers for capital markets, energy and technology and provides its clients with the strength of this reach and a commitment to cross-border service and responsiveness. Pillsbury is a leader in its core areas of focus: capital markets and finance, energy, global sourcing, litigation, real estate, technology, life sciences, and communications.





Speakers / Authors:

Photo of Jeetander Dulani

Jeetander Dulani

Jeetander Dulani is a senior associate in Pillsbury Winthrop Shaw Pittman LLP's Litigation practice and is located in the Washington, D.C. office. He concentrates his practice in merger clearance, government investigations, and complex civil litigation and appeals.

His antitrust experience includes representing public and private companies in Department of Justice and Federal Trade Commission investigations, antitrust litigation, and advising clients on a wide variety of horizontal and vertical combinations. Mr. Dulani has successfully represented clients from the aerospace, agricultural products, defense, financial services, healthcare, manufacturing, software, and optical industries in government investigations, antitrust second requests, and federal litigation.

In addition to his antitrust practice, Mr. Dulani has represented clients in a wide array of civil cases, including defending companies against False Claim Act qui tam claims, and the representation of companies under scrutiny by the Securities and Exchange Commission and the Department of Justice. He has authored many briefs in federal district courts, U.S. Courts of Appeal, and the U.S. Supreme Court, and has successfully argued before the U.S. Court of Appeals for the Seventh Circuit.

Mr. Dulani also maintains an active pro bono practice focused on civil liberties. Recently he obtained complete habeas relief in the United States Seventh Circuit Court of Appeals for a prisoner wrongfully convicted of murder. The Seventh Circuit granted complete habeas relief after issuing two separate precedential decisions that (1) strengthened the confrontation right under the Sixth Amendment; and (2) held as a matter of first impression that the “prison mailbox rule” applied to state post-conviction motions. See Ray v. Boatwright, 592 F.3d 793 (7th Cir. 2010) and Ray v. Clements, 700 F.3d 993, (7th Cir. 2012). These decisions have strengthened civil rights protections for all criminal defendants and ensured greater habeas access to the wrongfully convicted.

Prior to attending law school, Mr. Dulani was an associate at Booz Allen Hamilton, where he led a strategy consulting practice. In that position, he focused on helping public and private clients in the energy, finance, global health, aerospace, and counter-terrorism fields transform their operations. Mr. Dulani was awarded the Professional Excellence Award, the firm’s highest honor, for initiating and leading a two-year multimillion-dollar pro bono project on HIV/AIDS in India. Mr. Dulani also served as an independent consultant to UNAIDS during law school.

Mr. Dulani received his J.D. in 2007 from the University of Michigan Law School, his M.A. in 1999 from the University of Iowa, and his B.A. in 1998 from Grinnell College.

Photo of Thomas C. Hill

Thomas C. Hill

Thomas Hill is a partner in Pillsbury Winthrop Shaw Pittman LLP's Corporate Investigations & White Collar Defense practice and is located in the Washington, D.C. office. He focuses his national practice on white-collar criminal matters and government enforcement. He represents corporate and individual clients at the grand jury stage; at trial and on appeal; during agency investigations; and in civil cases and administrative enforcement actions, including debarment and suspension proceedings. His practice involves many different issues of regulatory crime, including civil and criminal False Claims Act matters including qui tam actions; criminal tax; criminal antitrust; general financial crime, and other miscellaneous allegations of fraud and other wrongdoing in industries such as environmental, energy, health care, defense, financial services, aviation and communications.

He served for five years as an Assistant U.S. Attorney for the District of Columbia in the Criminal Division. He has tried more than 75 jury trials and has often argued before appellate courts. For the past 20 years, Mr. Hill has also had an active death penalty practice in courts throughout the U.S. and has handled these cases at the trial, sentencing, appellate, post-conviction and clemency stages.

Mr. Hill received his J.D., magna cum laude, Order of the Coif, Law Review, in 1976 from Cornell Law School, and his A.B., magna cum laude, from Princeton University in 1972.

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Price (USD)

Standard Rate: $50.00
Subscribers: FREE
Pillsbury U Online: FREE
Metro State Univ: $50.00

Details

Course Code : 775361

Release Date: 04/13/2015


Length: 31min
Recorded Date: 9/17/2014


Format Type: eLearning
Mobile Compatible


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