False Claims Act: Recent Developments

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This webinar will provide practitioners with updated information on the ever-changing landscape of False Claims Act jurisprudence.  It is important to understand the nuances of the various provisions in the False Claims Act which can be interpreted quite differently in the various federal circuit courts.  This seminar will educate attendees about the latest developments and emerging trends in False Claims Act jurisprudence.

Educational Objectives:
1.Attendees will expand their understanding of the latest developments in the ever-evolving area of False Claims Act jurisprudence.  Those recent developments include the following:
a. The United States Supreme Court’s latest ruling on the False Claims Act.
b.The two largest recoveries ever in non-intervened False Claims Act cases.
c. Relator share issues including the average relator share over the past two decades and what to expect should the government challenge a relator’s requested share.
d.Seal issues such as the length of the seal, consequences when the seal has been breached, and the seal provision in bankruptcy.
e.Issues on which the Circuit Courts diverge, such as whether to adopt implied certification, whether violation of FDA regulations is actionable under the False Claims Act, and the contours of Rule 9(b).

2.Attendees will have the opportunity to hear first-hand experiences of techniques and strategies from two of the nation’s most top practicing attorneys in this field.

Who would benefit most from attending this program?
The False Claims Act has consistently returned billions of stolen taxpayer dollars every year of this decade.  In the months of April and May 2015, over $1 billion in FCA settlements were achieved.  Litigation involving the False Claims Act often involves “bet-the-company” exposure.  Since most corporations have contracts with the government, there exists the chance that such corporations will one day become targets of False Claims Act cases.  Keeping updated on the latest False Claims Act case law is crucial to all who counsel whistle-blowers and to those who are interested in counseling whistle-blowers.



Mr. James B. Helmer, Jr., is Senior Partner and President of the Cincinnati office location of Helmer, Martins, Rice & Popham Co., LPA.  Approximately half of his practice, which is exclusively devoted to litigation, involves the representation of employees blowing the whistle on fraudulent Government contractors.  Mr. Helmer has obtained several multi-million dollar jury verdicts and has been trial counsel in over 300 published legal decisions.  His False Claims Act cases have returned over $1 billion to the taxpayers and have resulted in 15 criminal indictments.  Mr. Helmer is author of False Claims Act: Whistleblower Litigation (6th Edition BNA 2012) (2014 Supp.) and co-author of Representing the Terminated Employee in Ohio (2d. Ed. Anderson 1997).

In 1985 and 1986, Mr. Helmer’s testimony before the House of Representatives and the United States Senate was pivotal in the 1986 Amendments to the False Claims Act.  Congress and President Reagan accepted all of the suggestions Mr. Helmer made for modernizing the statute which has become known as the government’s primary weapon against fraud on the taxpayers.  In 2008, he argued Allison Engine Co. v. United States ex re. Sanders before the United States Supreme Court against former Solicitor General Theodore Olson.  The Supreme Court ruled by a 9-0 decision in favor of Helmer’s client but then interpreted the False Claims Act in a restrictive manner.  As a result, Mr. Helmer returned to testify before two Congressional Committees in 2008 concerning the clarification of the False Claims Act.  Congress overwhelmingly passed the Amendments championed by Mr. Helmer and President Obama signed them into law on May 20, 2009 – Mr. Helmer’s birthday.

Mr. Helmer is a member of the Million Dollar Advocates Forum, Scribes, the National Society of Writers on Legal Subjects, and the President’s Council of Taxpayers Against Fraud.  He has served on the Board of Visitors of the University of Cincinnati College of Law Dean’s Council and is currently co-chair of the Building Committee for a new College of Law building.  He was a founding member of the National Employment Lawyers Association and the Potter Stewart American Inn of Court.  He began his legal career as a law clerk for the Chief Judge of the United States District Court for the Southern District of Ohio.

Mr. Helmer is admitted to practice in Ohio, the District of Columbia, the U.S. Supreme Court, the U.S. Courts of Appeals for the Fifth, Sixth, Seventh, Tenth, and Eleventh Circuits, and the U.S. District Courts for the Southern and Northern Districts of Ohio, the Eastern District of Kentucky, the Eastern District of Wisconsin, and the Eastern District of Texas.  He earned his J.D. from the University of Cincinnati College of Law, where he was inducted into the Order of the Coif, and his B.A., cum laude, from Denison University.


Mr. Joseph E.B. “Jeb” White is one of the country’s leading qui tam advocates as well as a preeminent False Claims Act scholar, having represented whistleblowers before the United States Congress and in qui tam actions across the country, from fraudulent hospital systems to dishonest pharmaceutical companies.  As a tireless advocate of whistleblower rights, he has testified in front of the United States Congress and nearly a dozen state legislative bodies.  As a trusted authority of the law, Mr. White has penned amicus curiae briefs in five United States Supreme Court cases, examining the federal False Claims Act, and has been a constant source for Department of Justice and other officials in need of qui tam expertise.
In addition to actively litigating health care qui tam actions, Mr. White has presented to a wide variety of audiences, including the Health Care Compliance Association, American Bar Association, the American Health Lawyers Association, and the American Law Institute, about whistleblower laws and protections.  He has lectured over fifty times on the subjects of False Claims Act litigation and health care fraud schemes.  Jurists and practitioners frequently cite his numerous articles on whistleblower litigation.
Mr. White is the former President and current Board member of Taxpayers Against Fraud (TAF), a nonprofit public interest organization dedicated to combating fraud against the federal government.  At TAF, Mr. White worked directly with qui tam plaintiffs and their attorneys to develop and successfully litigate qui tam cases.  In addition, he led the effort to modernize the federal False Claims Act for the first time in nearly a quarter of a century; tirelessly advocated for greater incentives and protections for those blowing the whistle on fraud targeting the Internal Revenue Service, the Securities and Exchange Commission, and state governments; and fought to protect anti-fraud and whistleblowers laws in the courts.  Additionally, as the editor of the False Claims Act & Qui Tam Quarterly Review, he managed a 150+ page law journal devoted to the False Claims Act.
Mr. White earned his J.D. from the Georgetown University Law Center and his B.A. from the University of Pennsylvania.