Webcast: 2017 Mid-Year Update: The False Claims Act and Health Care Providers

August 30, 2017

​The False Claims Act (FCA) is well-known as one of the most powerful tools in the government’s arsenal to combat fraud, waste and abuse anywhere government funds are implicated. The U.S. Department of Justice has made clear that vigorous FCA enforcement is here to stay,  with newly filed cases remaining at historical peak levels and the DOJ  on pace to recover more than $3 billion from FCA cases for the seventh straight year.  More than ever, any company that deals in government funds—including companies in the education, health care and life sciences, government contracting and financial services sectors—needs to stay abreast of how the government and private whistleblowers alike are wielding this tool, and how they can prepare and defend themselves.

Please join Gibson Dunn for a 90-minute discussion of the latest developments in FCA, including:

  • The latest trends in FCA enforcement actions and associated litigation involving Health Care Providers;
  • Updates on the Trump Administration’s approach to FCA enforcement;
  • Notable legislative and administrative developments affecting the FCA’s statutory framework and application; and
  • The latest developments in FCA case law following the Supreme Court’s Escobar decision.

View Slides [PDF]


PANELISTS:

Stephen Payne is a partner in the Washington, D.C. office. He is Chair of the firm’s FDA and Health Care practice group, and is a member of the Life Sciences practice group.  His practice focuses on FDA and health care compliance, enforcement, and litigation for pharmaceutical and medical device clients.  He has significant experience in the areas of fraud and abuse, product diversion and counterfeiting, good manufacturing practice regulations, product recalls and product promotion.

Winston Chan is a partner in the San Francisco office.  He has particular experience leading matters involving government enforcement defense, internal investigations, compliance counseling, and civil trial litigation. Previously, he served as an Assistant U.S. Attorney in the Eastern District of NY, where he investigated a wide range of matters as part of that office’s Business and Securities Fraud Section, including FCA violations and health care fraud.

Jonathan Phillips is a senior associate in the Washington, D.C. office, where his practice focuses on FDA and health care compliance, enforcement, and litigation, as well as other government enforcement matters and related litigation. He has substantial experience representing pharmaceutical, medical device, and health care provider clients in investigations by the DOJ, FDA, and Department of Health and Human Services Office of Inspector General. Previously, he served as a Trial Attorney in the Civil Division, Fraud Section of the DOJ, where he investigated and prosecuted allegations of fraud against the U.S. under the FCA and related statutes.

Julie Schenker is a litigation associate in the Washington, D.C. office, where she focuses on governmentenforcement matters, health care compliance, and related litigation. She has represented health care providerclients in investigations by the DOJ and the Department of Health and Human Services Office of InspectorGeneral.

MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.80 credit hours, of which 1.80 credit hours may be applied toward the areas of professional practice requirement.  This course is approved for transitional/non-transitional credit only.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast.  Please contact Jeanine McKeown (National Training Administrator), at 213-229-7140 or jmckeown@gibsondun.com  to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.50 hours.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast.  No certificate of attendance is required for California “self-study” credit.