This class is eligible for CLE Passport use. You will be able to select the CLE Passport as your payment method for no additional cost when registering for this course.

Credits: 2.0 general credit hours

Description: Join us for this informative class on the False Claims Act (FCA), codified at 31 U.S.C. §§ 3729 – 3733, which is the federal government’s primary litigative tool for combating fraud. The FCA imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. Over the last ten years, there have been record increases in cases filed under the FCA and record recoveries by the federal government under the Act. From 1986 to the end of fiscal year 2018, FCA recoveries totaled more than $62 billion. Since 2009, the federal government has recovered at least $2 billion each year under the FCA.

During this class, our expert faculty will provide a basic understanding of the civil False Claims Act, describe false claims, offer strategies for detecting false claims, and explain how to defend against FCA actions brought by the federal government or private parties known as qui tam relators. The following are among the key concepts of the FCA the panel will discuss:

• Elements of liability 
• Statute of limitations
• Qui tam provisions 
• First-to-file bar
• Public disclosure bar
• Potential damages 
• Recent cases and DOJ guidance

By the end of the class, those who attend will be able to recognize false claims and distinguish “garden variety” statutory, regulatory, and contractual violations that do not serve as a basis for FCA liability. Those who attend will also be able to better identify work that potentially triggers FCA liability and understand defenses to FCA actions. The class will include discussion of recent FCA case law and Department of Justice guidance for prosecuting FCA actions. 

Those interested in attending this class may also be interested in attending Government Contracting M&A:  Tips for a Successful Close (On-Demand). 

Faculty: 

Cormac T. Connor, Husch Blackwell LLP

Todd M. Garland, Haynes and Boone LLP

Elizabeth N. Jochum, Blank Rome LLP