This presentation brings together Jonathan Porter and Tanner Cook to examine the evolving landscape of False Claims Act (FCA) litigation and compliance. Drawing on recent statistics and developments at both the federal and state levels, the speakers will compare key distinctions between criminal and civil FCA matters—including levels of proof, the evolving standard of reckless disregard, and practical strategies to prevent criminal considerations from unduly impacting FCA negotiations.
The session will analyze the recent uptick in FCA trials, with a special focus on materiality in healthcare claims—particularly as algorithms and automation play a growing role in claim approvals and denials. Attendees will also explore the emerging frontier of cybersecurity-related FCA cases, the ongoing circuit split over FCA-Anti-Kickback Statute causation, and the latest guidance on persuading the Department of Justice (DOJ) to dismiss qui tam actions. Additional topics include vicarious liability, the calculation and award of attorneys’ fees, and the impact of DOJ press releases on FCA proceedings.
Presenters
Jonathan Porter, Partner
Tanner Cook, Attorney
Continuing Education Credit
This program is pending approval for Georgia, Missouri, and Pennsylvania continuing legal education credit.
Questions?
Contact Leigh Theofan at 512.479.1138.