On February 20, 2026, Husch Blackwell's Jonathan Porter will address FCA liability for AKS violations, accompanied by Morgan Verkamp's Jennifer Verkamp.
A widening circuit split over when an AKS violation triggers FCA liability—pitting a strict “but for” test against more lenient standards—could propel this issue to the Supreme Court. Although the First Circuit’s recent Regeneron opinion endorsed the stricter theory and was largely a win for defendants, it left open an alternate path to FCA liability under a false certification theory. Jonathan's session will unpack what the causation debate means for FCA/AKS cases; how DOJ and relators may be pivoting to false certification arguments to avoid the hurdle; and the practical steps each side can take to prove/disprove FCA liability while the AKS split persists.
Register for the Federal Bar Association's Qui Tam Conference here. More than 400 attendees are expected at this national program.