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False Claims Act Statutes: A Trap for the Unwary


Product Code - LGN137
Speaker(s): Lori L. Pines, Weil, Gotshal & Manges LLP; Konrad Cailteux, Weil, Gotshal & Manges LLP
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Since 2009, the federal government has recovered over $13 billion from False Claims Act litigation, which amounts to more than one-third of the total recoveries under the Act from 1986 to the present. The defendants in these cases are not all in the business of defense contracting or healthcare. More recently, financial institutions and component parts suppliers have found themselves defending allegations of false claims, even when they have not directly submitted any claims for payment to the government or even a government contractor.

It is important that litigators defending corporations are aware of the recent wave of litigation and of the fact that the government’s increased focus on particular industries has appeared to affect the types of claims brought by plaintiffs. If corporations are in direct or indirect receipt of government funds for any reason, they face the risk of litigation under the False Claims Act. Educating one’s clients about the risks of False Claims Act litigation, as well as how to limit those risks, can be pivotal to protecting their interests.

Educational Objectives:

• Learn how False Claims Act suits are expanding quickly beyond the traditional defense contractor/healthcare industries.
• Understand how government focus on particular industries is correlated with suits brought under the False Claims Act.
• Learn how it is becoming easier for plaintiffs alleging violations of the False Claims Act to make it past the motion to dismiss phase.
• Find out about better compliance mechanisms that may help to reduce the threat of False Claims Act litigation.

Who would benefit most from attending the program?

Practitioners representing corporate clients in any industry would benefit from attending this program, as it is becoming increasingly likely that corporations will deal with government funds, and any party that receives such funds, even indirectly, can be liable under the False Claims Act.

Program Level: Basic

Credit Available: CLE. For more information, please click on the “CLE Credit” tab.

Lori L. Pines, Weil, Gotshal & Manges LLP; Konrad Cailteux, Weil, Gotshal & Manges LLP

Lori L. Pines, Weil, Gotshal & Manges LLP
Lori L. Pines is a Litigation partner in the New York office of Weil, Gotshal & Manges LLP and has played a central role in managing the defense of some of the nation’s most complex and public disputes, including class action and multi-district litigation proceedings. Ms. Pines has taught CLE-accredited classes on discovery techniques, document production, trial-preparation and witness examination. She has also published several articles and book chapters on topics such as the False Claims Act litigation, MDL strategies, expert retention, corporate depositions, and pleadings in complex cases.

Ms. Pines earned a J.D. from New York University School of Law and a B.A. from Harvard College. She is admitted to practice in the states of New York and New Jersey and the United States District Courts for the Southern and Eastern Districts of New York and the District of New Jersey.

Konrad Cailteux, Weil, Gotshal & Manges LLP
Konrad Cailteux is a partner in Weil, Gotshal & Manges LLP’s New York office, where he specializes in defending U.S. and foreign corporations in product liability actions, mass tort matters, class actions and other complex litigation, in both trial courts and appellate courts. Mr. Cailteux has lectured and written on a number of issues involved in the defense of product liability and mass tort suits, including class actions, the admissibility of expert evidence, medical monitoring, the False Claims Act, the Alien Tort Statute, and managing complex litigation.

Mr. Cailteux earned a J.D. from Hofstra University School of Law and is a graduate of the United States Military Academy. He is admitted to practice in New York in addition to numerous federal district and appellate courts and the United States Supreme Court.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for attorneys earning less than $50,000 per year. If an attorney wishes to take advantage of this option, he or she must contact Bloomberg BNA directly. For attorneys who are unemployed or earning less than $35,000 per year, a full discount off the price of the program will be awarded upon written proof of hardship. Attorneys earning between $35,000 and $50,000 per year will receive a 50% discount off the price of the program. Any attorney working in the public service sector also qualifies for a special price. If you have further questions regarding the hardship policy or seek additional information, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditations Coordinator, or email us at accreditations@bna.com.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.