Successfully Pursuing and Defending Qui Tam Lawsuits Under the Federal False Claims Act, Alaska CLE 1.0

 

Agenda

Introduction and Overview Successful Early Dispositive Motions • Rule 9(b) and the Circuit Split – Current Landscape – Cert Petitions • Bars to Relator-Driven FCA Actions – Waning Jurisdictional Nature – Addressing the Prospect of Government Opposition to the Public Disclosure Bar – Identifying Application of Other Bars • Motions to Stay or Bi-Furcate Discovery Successful Discovery • Unique Defensive Discovery Issues – Document Preservation Considerations – Protecting Investigation Materials • Unique Offensive Discovery Issues – Navigating Joint Prosecutorial Privilege – Navigating Current-Employee Relators • Obtaining Discovery From the Government – The Post-Escobar Importance of Agency Discovery – Potential Impact of Proposed FCA Amendments – Party Status, Touhy Requests, and Rule 45 Subpoenas Other Successful Defenses • Scienter – Reasonable Interpretations of Ambiguous Regulations – Current Landscape – On the Horizon • Expert Issues – Identifying the Right Expert – Falsity, Scienter, and Battle of the Experts Situations – Causation and Damages Settlement Considerations • Timing Considerations • Involvement of DOJ • Special Issues – Relator’s Share – Attorney’s Fees – Tax Considerations