Questions Remain after Supreme Court Ruling on the Amendments to the False Claims Act

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About

Understand and apply the decision of Universal Health Services, Inc. v. United States ex rel. Escobar

The False Claims Act (FCA) has become a significant potential hazard for almost any company that does business with the federal government, particularly in the health care, defense, and education industries. Between January 2009 and September 2015, more than $26.4 billion has been recovered in suits brought under the FCA, with $3.5 billion recovered in FY 2015 alone. Increased government regulation and new theories such as legal falsity, implied false certification, and condition of payment have expanded the scope of the statute, added layers of complexity for litigants in high-stakes matters, and led to diverging standards among the different circuits.

While the Supreme Court's decision does establish some basic ground rules, it also raises a number of questions still to be resolved, including:

  • At what point does a claim become "false"?
  • How is the statute's materiality requirement to be applied going forward?
  • Is every case going to raise factual questions, or is there still relief for defendants to be had at the pleading stage?
  • When discovery does open, what are the best strategies for proving or disproving a claim in light of the Supreme Court's decision?

Please join our expert faculty as they take you through these issues and provide an understanding of Escobar's impact and how to apply the decision going forward.

Recorded during a live webinar in July 2016.

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