Webcast: The False Claims Act – 2021 Update for Government Contractors
October 15, 2021
Second of four industry-specific programs
The False Claims Act (FCA) is one of the most powerful tools in the government’s arsenal to combat fraud, waste and abuse involving public funds. After several years of statements and guidance that the Department of Justice (DOJ) may change its approach to FCA enforcement, the Biden administration appears to be taking a different and more aggressive approach. Meanwhile, newly filed FCA cases remain at all-time highs, and the government has recouped nearly $ 3 billion or more a year from FCA for a decade. The government also continues to pursue new and significant spending plans in COVID-related stimulus and infrastructure, which could lead to even stronger efforts by the Justice Department to prosecute fraud, waste and abuses in government spending. More than ever, any business that receives public funds, especially in the public procurement sector, must understand how government and private whistleblowers use FCA and how they can defend themselves.
Please join us to discuss developments within the FCA, including:
- The latest trends in FCA enforcement actions and associated litigation affecting government contractors;
- Updates on the Biden administration’s approach to FCA enforcement, including developments impacting the DOJ’s use of its statutory revocation power;
- New proposed amendments to the CFL presented by Senator Grassley; and
- The latest trends in FCA case law, including developments in particular FCA legal theories affecting your industry and the continuing evolution of how lower courts interpret Supreme Court decisions Escobar decision.
View slides (PDF)
Jonathan M. Phillips is a partner in the Washington, DC office where he is co-chair of the False Claims Act / Qui Tam Defense practice. Mr. Phillips focuses on government procurement and healthcare compliance, enforcement and litigation, as well as other white collar law enforcement matters and related litigation. Former Attorney General of the Civil Fraud Section of the Ministry of Justice, he has particular experience in representing clients in the context of repressive actions initiated by the Ministry of Justice, the Ministry of Health and Social Services and the Department of Defense under the False Claims Act and related statutes.
Nicola hanna is a partner in the Los Angeles office and co-chair of the firm’s Global White Collar Defense and Investigations Practice. Mr. Hanna previously served as the President-appointed and Senate-confirmed United States attorney for the Central District of California for three years. In that role, he was the head of federal law enforcement for the Los Angeles District, the largest Department of Justice office outside of Washington, DC, and oversaw approximately 280 assistant prosecutors in the United States. Under his leadership, the Central District brought and litigated some of the country’s most important cases and recovered nearly $ 4.5 billion in criminal penalties, civil recoveries, confiscated assets and restitution. During his tenure as the United States Attorney General, Mr. Hanna served as Chairman of the White Collar Fraud Subcommittee of the Attorney General’s Advisory Board. He was also a member of the Justice Department’s Law Enforcement and Corporate Accountability Working Group and one of two U.S. attorneys for the Market Integrity and Consumer Fraud Working Group chaired. by the Deputy Attorney General.
James zelenay is a partner in the Los Angeles office where he works in the firm’s Litigation department. He has experience defending clients involved in white collar investigations, assisting clients in responding to government subpoenas and civil litigation involving government fraud. He also has considerable experience in federal and state false claims laws and whistleblower litigation, in which he has represented a wide range of industries and clients, and has written extensively on false claims law.
Lindsay Paulin is a partner in the Washington, DC office. His practice focuses on a wide range of issues related to government contracts, including internal investigations, claims preparation and litigation, bid challenges and government investigations under the False Claims Act. Ms. Paulin’s clients include contractors and their subcontractors, vendors and suppliers in a variety of industries including aerospace and defense, information technology, professional services, private equity and insurance.
MCLE CREDIT INFORMATION:
This program has been approved for credit in accordance with the requirements of the New York State Council on Continuing Legal Education for a maximum of 1.5 credit hours, of which 1.5 credit hours may be applied to the requirement areas of professional practice.
This course is approved for transitional / non-transitional credit. Lawyers seeking credit in New York should obtain an Affirmation Form before viewing the archived version of this webcast. Please contact [email protected] 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 for an amount of 1.5 hours.
California lawyers can claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for the California Self-Study Credit.