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

Event | 03.06.24, 2:45 PM PST - 4:00 PM PST | CLE Offered

Address

Marriott Marquis
780 Mission Street,
San Francisco, CA 94103

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.

For more information, please visit these areas: White Collar and Regulatory Enforcement

Participants

Insights

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Rule 16.1 attempts to guide early case management in MDLs, impacting litigation pace and costs. Permissive language like “should” instead of “must”, could lead to inconsistent applications. This panel will explore the rule’s anticipated impact and implications for procedures.