The False Claims Act: Recent Developments

(647 Ratings)

Produced on: June 14, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Advanced

Under the False Claims Act (“FCA”), the United States can impose treble damages and enormous civil penalties on companies and individuals across the business spectrum, from government contractors and financial institutions, to healthcare providers, manufacturers, and importers. Recoveries under the FCA now average close to $5 billion per year, with most of the Justice Department’s FCA docket stemming from cases initiated under the qui tam provisions of the FCA, which enable individuals to bring suit in the name of the United States. Moreover, an increasing number of false claims cases are based not on “fraudulently” inflated invoices or “knowingly” faulty products as one might expect, but on regulatory compliance issues common to most businesses. 

This course, presented by Doug Baruch, practice group leader of Fried Frank’s False Claims Act and FIRREA practice, and Jenny Wollenberg, a senior member of Fried Frank’s False Claims Act and FIRREA practice, provides a brief overview of the FCA and then details significant recent developments in the FCA arena, including the implications of a new Justice Department policy concerning individual accountability for corporate wrongdoing.

 

Learning Objectives:

I.     Gain a basic understanding of the FCA, including its qui tam provision

II.    Receive practical guidance to help reduce risk when facing allegations under the FCA

III.   Assess a new Justice Department policy and its potential implications for internal investigations and FCA litigation

IV.   Acquire an awareness of relevant legal developments, including those stemming from the Supreme Court

Faculty

Douglas Baruch

Fried, Frank, Harris, Shriver & Jacobson LLP

Douglas W. Baruch, a litigation partner resident in Fried Frank's Washington, DC office, leads the Firm’s False Claims Act and FIRREA Practice.

Mr. Baruch represents corporations and individuals in a variety of complex civil and criminal litigation matters, ranging from investigations and subpoena compliance to federal court litigation, with an emphasis on cases arising under the False Claims Act and FIRREA. He regularly handles matters arising in the healthcare, financial institutions, and defense and aerospace sectors.

Mr. Baruch is a co-author of FraudMail Alert®, which reports on significant developments in the False Claims Act and FIRREA arena. He also writes and lectures extensively on various aspects of the False Claims Act and FIRREA and is a co-author of a book chapter in the Settlement Agreements in Commercial Disputes treatise entitled, “Settlement Considerations Under the Federal Civil False Claims Act” (Wolters Kluwer Law & Business).

Mr. Baruch is co-chair of Fried Frank's Pro Bono Committee.

 

Honors & Awards

Mr. Baruch is recognized by Benchmark: Litigation and has been selected as one of “Washington’s Top Lawyers” by Washingtonian magazine. Mr. Baruch also is recognized by Legal 500 in International Arbitration.

 

Professional Associations

Member, Board of Directors, Washington Lawyers' Committee for Civil Rights and Urban Affairs

Member, Board of Directors, Lawyers' Committee for Civil Rights Under Law

 

Bar Admissions/Licensed Jurisdictions

District of Columbia; Maryland; New York; United States Supreme Court; United States Courts of Appeals for the District of Columbia and Federal Circuits; United States Courts of Appeals for the Fourth, Sixth and Ninth Circuits; United States District Court for the District of Columbia; United States District Court for the Southern District of New York; United States District Court for the District of Maryland

Jennifer Wollenberg

Fried, Frank, Harris, Shriver & Jacobson LLP

Jennifer M. Wollenberg is a litigation special counsel in Fried Frank’s Washington, DC office, where she is a member of the Firm’s False Claims Act and FIRREA Practice.  She joined the Firm in 2004.

Ms. Wollenberg has been engaged in a variety of matters, including False Claims Act and FIRREA investigations and litigation, commercial litigation and arbitration, and internal investigations and monitoring.  She is currently representing a major financial institution in one of the largest active False Claims Act and FIRREA litigations in the country.

Ms. Wollenberg frequently speaks and writes about the False Claims Act and FIRREA and is a co-author of FraudMail Alert®, which reports on significant developments in the False Claims Act and FIRREA arena.

 

Bar Admissions/Licensed Jurisdictions

District of Columbia, New York, the United States Court of Appeals (Second, Ninth, and District of Columbia Circuits), the United States Court of Federal Claims, the United States District Court for the District of Columbia, and the United States District Court for the Southern District of New York

Reviews

TC
Thomas C.

Thank you, well done. Well organized.

CR
Christopher R.

The material was relevant to my practice and very thorough. the speakers were bland but knowledgeable

CR
christopher r.

Impressive attorneys; they knew False Claims Act area very well and presented well.

PA
Patrick A.

great presentation

BS
Benjamin S.

Thank you!

DG
Daniel G.

well done

MF
Mark F.

Excellent

JR
JA R.

particularly appreciated the SCOTUS updates.

LH
Lee H.

Excellent presentation of the basics relating to False Claims Act!!! Obviously, quite complicated in terms of defense of these matters and anticipation of the roles of the government and the relators in when defending and handling these cases!!

TS
Thomas S.

I like qui tam cases but only handle them once in a while, this was a good refresher

RN
Robert N.

great speakers

CA
Caroline A.

Very informative

SK
Stephen K.

informative and very well presented

MS
Mary S.

They took what can be a very dry subject and made it interesting.

AW
ALAN W.

good

RM
Robert M.

I learned some things I did not realize of importance to my work. Well worth it!!!

CM
Christopher M.

Good presentation

JL
Jason L.

thanks!

DW
David W.

Great program. No nonsense.

CW
Craig W.

Excellent program, thank you

RW
Rhonda G. W.

Thank you for this superb program -- presenters were very knowledgeable, well-organized and clear.

MZ
Marien Z.

Great presenters. Very straightforward.

CB
Craig B.

Nice introductory presentation, given so as to be understood.

LC
Lisa C.

Nice presentation

BG
Barry G.

Very professional presentation.

JT
Joseph T.

Excellent presenters and content.

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