Advances in False Claims Act and Whistleblower Practice | ABA White Collar Crime 2024

Preston L. Pugh will serve as a moderator alongside Margaret J. Finnerty, Michael Granston of the United States Department of Justice, Giselle J. Joffre of Arnold & Portner and Ronald C. Machen (Wilmer Hale).

Preston will lead the panel in a discussion over the important changes 2023 brought to the False Claims Act landscape, with the Supreme Court’s decisions in United States ex rel. Schutte v. SuperValu and United States ex rel. Polansky v. Executive Health Resources. Panelists will discuss these cases, their interpretation by lower courts and their significance for the FCA practice and explore whether SuperValu created a new “reckless disregard” test, the degree of particularity required to satisfy F.R. Civ. P. 9(b), and whether proof of “but-for” causation is required in hybrid False Claims Act/Anti-Kickback Statute cases.