Webcast: The False Claims Act – 2021 Update for Government Contractors

October 15, 2021

Second of four industry-specific programs

The False Claims Act (FCA) is one of the most powerful tools in the government arsenal for combating fraud, waste and abuse of government funds. After several years of statements and guidance suggesting the Department of Justice (DOJ) might change its approach to enforcing the FCA, the Biden administration appears to be taking a different, more aggressive, approach. Meanwhile, newly filed FCA cases remain at all-time highs, and the government has recovered nearly $ 3 billion or more annually under the FCA for a decade. The government continues to pursue new, large spending projects on COVID-related incentives and infrastructure – which could lead to even greater efforts by the DOJ to track down fraud, waste and abuse in government spending. As before, any company that receives government funding – especially in public procurement – needs to understand how the government and private whistleblowers alike deal with the FCA and how to defend themselves.

Please join us to discuss developments in the FCA including:

• The latest trends in FCA enforcement actions and related litigation affecting government contractors;
• Updates to the Biden Administration’s approach to enforcement of the FCA, including developments affecting the use of the DOJ’s legal discharge powers;
• New proposed changes to the FCA introduced by Senator Grassley; and
• The latest trends in FCA jurisprudence, including developments in certain FCA legal theories that affect your industry and the continued evolution of lower-level courts’ interpretation of the Escobar Supreme Court decision.

View slides (PDF)

PANELISTS:

Jonathan M. Phillips is a partner in the Washington, DC office where he is co-chair of the False Claims Act / Qui Tam Defense practice. Mr. Phillips focuses on compliance, enforcement and litigation in the areas of public procurement and healthcare, as well as other employee enforcement and related litigation matters. As a former litigator in the DOJ’s Civil Fraud Department, he has particular experience representing clients in DOJ, Department of Health & Social Affairs, and Department of Defense litigation filed under the False Claims Act and related laws.

Nicola Hanna is a partner in the Los Angeles office and co-chair of the firm’s global White Collar Defense and Investigations practice. Mr. Hanna previously served as the President-appointed and Senate-ratified US Attorney for the Central District of California for three years. In that capacity, he served as the senior law enforcement officer for the Los Angeles District, the largest Justice Department office outside of Washington, DC, overseeing approximately 280 assistant US attorneys. Under his leadership, the Central District brought and negotiated some of the country’s most influential cases, demanding nearly $ 4.5 billion in criminal penalties, civil recoveries, forfeited assets and refunds. During his tenure as the US Attorney General, Mr. Hanna served as chairman of the Economic Fraud Subcommittee of the Attorney General’s Advisory Committee. He was also a member of the Department of Justice’s Enforcement and Accountability Working Group and one of two US attorneys on the Task Force on Market Integrity and Consumer Fraud, chaired by the Assistant Attorney General.

James Zelenay is a partner in the Los Angeles office serving in the firm’s litigation department. He has experience defending clients involved in business investigations, assisting clients in responding to government subpoenas and civil fraud. He also has extensive experience of the federal and state False Claims Acts and whistleblower processes in which he has represented a wide variety of industries and clients, and has written extensively on the False Claims Act.

Lindsay Paulin is an associate based in the Washington, DC office. Her practice focuses on a wide range of government contract matters, including internal investigations, claims and litigation preparation, bid protests, and government investigations under the False Claims Act. Ms. Paulin’s clients include contractors and their subcontractors, vendors and subcontractors in a number of industries including aerospace and defense, information technology, professional services, private equity and insurance.

MCLE CREDIT INFORMATION:

This program has been recognized as per the requirements of the New York State Continuing Legal Education Board for a maximum of 1.5 credit hours, of which 1.5 credit hours can be applied to the areas of professional practice.

This course is approved for transitional / non-transitional loans. Lawyers seeking a loan in New York are required to obtain a verification form prior to viewing the archived version of this webcast. Please contact CLE@gibsondunn.com to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies this activity is approved by the State Bar of California for 1.5 hour MCLE credit.

California attorneys can use “self-study” to view the archived version of this webcast. A certificate of attendance is not required for California “self-study”.