Relators’ counsel are increasingly willing to litigate False Claims Act cases even when the Government declines to intervene, as it does most of the time. The expansion of whistleblower programs over the last seven years has added to the number of cases and matters being filed, not only under the False Claims Act, but in other areas. This course, presented by Rachel Geman, a Partner at Lieff Cabraser Heimann & Bernstein, LLP, reviews the anatomy of a False Claims Act case: from investigation to the preparation of the Complaint and Disclosure Statement, the Relator Interview, and decision-making over whether to ‘go it alone’ without the Government.
The program includes a discussion of special features in litigating a non-intervened case. Specifically, the non-intervened case has a lot in common with a complex fraud case, but has additional and distinguishing factors relating to pleadings (including the application of Rule 9(b), public disclosure, and first-to-file issues), discovery sources (including the need to involve the Government and shore up materiality evidence), and experts (where open issues remain in regards to claims sampling and other areas).
The course also places FCA cases in the constellation of other whistleblower and fraud cases: someone may present a fraud that is a very problematic FCA case but a very good case under, for example, the SEC Dodd-Frank program or in certain states; someone may think their case is a perfect consumer class action but in fact it has a qui tam angle (and problems as a class action); someone may think their case is ‘only’ a qui tam but it also warrants consideration under specific state laws.
Rachel Geman is a partner in the New York office of Lieff, Cabraser, Heimann & Bernstein, with a practice dedicated to employment law and consumer protection, and to recovering money for the government lost to fraud through False Claims Act litigation – with cases typically brought by employee whistleblowers. On behalf of her clients, Rachel has filed qui tam suits involving multiple industries in multiple courts that are under investigation, and is presently involved in active litigation involving off-label and kickback claims in the pharmaceutical industry. Rachel’s current class actions are in the employment discrimination, consumer civil rights, and consumer protection areas.
Rachel’s successes include representing employee benefit plans and other investors in recovering $65 million from AXA Rosenberg relating to its handling of investments; serving as Co-Lead Class Counsel or counsel for the class in a series of cases against large banks alleging deceptive marketing and unfair practices in the sale of “payment protection” products, resulting in more than $50 million in settlements; and litigating and settling a class gender discrimination suit on behalf of female financial advisors at Bank of America/Merrill Lynch for $39 million plus programmatic relief. Rachel was on a team that litigated the largest False Claims Act case in history involving U.S. Department of Education, ultimately recouping $78.5 million from the University of Phoenix; and has litigated multiple wage and hour cases, including making up to $35 million available to employees through settlement of hard-fought wage and hour litigation against Wal-Mart in Washington State.
The thread combining Rachel’s cases is her drive for basic fairness combined with her interest in unraveling complex fraud, in her capacity both as an experienced litigator and a Certified Fraud Examiner. She has spoken and written extensively on class action, whistleblower, and employment law topics, and has taught a course she designed on international employment law as an adjunct law professor.
Ms. Geman gave an extraordinary presentation. I am impressed with the humility of someone who has such an exemplary record of successful outcomes.
Thank you, well done.
Interesting program! Speaker very informative! Great course! Very helpful!
Would like to have another False Claims Act program focused on use of the statute in the context of federal construction contracts.
This was one of the more useful "nuts and bolts" CLEs I have watched. I would love a follow up sort of like advanced topics in FCA cases with the same presenter.
Really great presentation and materials. It is very informative and useful in my role as a Compliance Officer for a medical billing organization.
Showing the questions to the speaker was disruptive although she handled it as well as possible. Answering questions at the end was much better.
Thorough introduction into a niche area of law.
The attorney, Rachel, gave a great presentation - very informative.
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