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False Claims Act Materiality: Beyond Escobar and Into New Frontiers

Master FCA materiality standards post-Escobar—analyze cutting-edge Third Circuit arguments and a 2026 DOJ indictment to sharpen your False Claims Act defense and litigation strategy.

2026-05-01 14:00:00

Program Details

2026-05-01 14:00:00

2026-05-01 14:00:00

1h CLE Credits

Program Details

2026-05-01 14:00:00

Program Details

2026-05-01 14:00:00

Over 1,000+ webinars

2026-05-01 14:00:00

Course Overview

Mastering FCA Materiality Post-Escobar

2026-05-01 14:00:00

Attorneys will dissect the evolving materiality standard under the False Claims Act, from Escobar through 2026’s latest circuit arguments and DOJ indictment.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
FCA Materiality
The Escobar decision established a holistic approach to materiality under the False Claims Act.
02
Circuit Splits
Post-Escobar circuit courts have developed competing interpretations of the materiality standard.
03
Oral Arguments
The Third Circuit heard arguments in U.S. ex rel. Penelow v. Janssen Products LP.
04
Dismissal Motions
Motions contesting materiality have been used to seek dismissal of False Claims Act cases.
05
DOJ Indictment
A March 17, 2026 indictment of an Anchorage doctor implicates one prong of materiality.
06
Civil Penalties
The March 2026 indictment also applied civil penalties under the False Claims Act.

Program schedule

clock 2:00 pm - 2:25 pm EST

Materiality, Holistic Approach & Escobar (U.S. Supreme Court)

Explore the foundational framework of False Claims Act materiality, including the Supreme Court’s landmark Escobar decision establishing the holistic approach courts use to evaluate government payment decisions in FCA litigation.

Rachel V. RoseRachel V. Rose
clock 2:25 pm - 2:35 pm EST

Post-Escobar Circuit Court Interpretations of Materiality

Examine how federal circuit courts have diverged in applying Escobar’s materiality standard, and identify the emerging splits and trends reshaping FCA defense and prosecution strategies across jurisdictions.

Rachel V. RoseRachel V. Rose
clock 2:35 pm - 3:45 pm EST

U.S. ex rel. Penelow et al. v. Janssen Products LP (3rd Cir.)

Analyze this pivotal Third Circuit case and its implications for pharmaceutical FCA liability, dissecting how the court applied post-Escobar materiality principles to complex healthcare fraud allegations against a major drug manufacturer.

Rachel V. RoseRachel V. Rose
clock 2:45 pm - 2:55 pm EST

March 17, 2026 DOJ Press Release – Indictment of Anchorage Doctor & Her Husband

Unpack how this recent federal indictment illustrates one prong of the materiality standard in action, offering critical insight into DOJ enforcement priorities and real-world FCA exposure for healthcare practitioners and their counsel.

Rachel V. RoseRachel V. Rose
clock 2:55 pm - 3:00 pm EST

Conclusion

Synthesize the session’s key materiality principles, circuit court trends, and enforcement developments into a practical framework attorneys can immediately apply when advising clients facing FCA exposure or litigation.

Rachel V. RoseRachel V. Rose
Rachel V. Rose

Rachel V. Rose

Rachel V. Rose – Attorney at Law, PLLC

Rachel V. Rose

Rachel V. Rose

Rachel V. Rose – Attorney at Law, PLLC

Rachel V. Rose, JD, MBA is a Houston-based attorney and consultant whose practice spans transactional, compliance, and litigation matters in cybersecurity, healthcare, securities, and Dodd-Frank and False Claims Act whistleblower claims. Her background is distinctively multidisciplinary — she worked on Capitol Hill when HIPAA was enacted in 1996 and at HHS during the implementation of the HITECH Act in 2009, giving her firsthand legislative and regulatory insight that few practitioners can claim. She holds a law degree from Stetson University College of Law, an MBA with minors in healthcare and entrepreneurship from Vanderbilt University, and an Executive Certification in Leadership and Negotiation from Harvard Law School. She is an extensively published author, a sought-after speaker, a recognized expert in healthcare compliance and cybersecurity law, and an Affiliated Member at Baylor College of Medicine’s Center for Medical Ethics and Health Policy, where she teaches bioethics.

Education & Credentials

Rachel holds a Juris Doctor from Stetson University College of Law, a Master of Business Administration with minors in healthcare and entrepreneurship from Vanderbilt University, and an Executive Certification in Leadership and Negotiation from Harvard Law School. This combination of legal, business, and leadership credentials reflects the multidisciplinary foundation of a practice that spans healthcare compliance, cybersecurity, securities law, and whistleblower representation. She is co-editor of the American Health Lawyers Association's Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition) and coauthor of two ABA publications — The ABCs of ACOs and What Are International HIPAA Considerations? — as well as contributing author to multiple legal and medical reference books.

Recognition & Leadership

Rachel has received a remarkable breadth of professional recognition, including consecutive listing in the Texas Bar College, the National Women Trial Lawyers Association's Top 25, Houstonia Magazine's Top Lawyers in healthcare, the National Trial Lawyers Association's Top 100, and SuperLawyers in healthcare. She has also been named 1st Healthcare Compliance's Top Presenter in both 2019 and 2022. As an Affiliated Member of Baylor College of Medicine's Center for Medical Ethics and Health Policy — where she teaches bioethics — she occupies a distinctive position at the intersection of law, medicine, and ethics. Her Capitol Hill experience during HIPAA's passage and her HHS tenure during HITECH implementation reflect an early and sustained engagement with the legislative foundations of healthcare privacy law that few practitioners can match.

Professional Involvement

Rachel is extensively published, a sought-after conference presenter, and a frequently quoted expert on cybersecurity, healthcare compliance, and whistleblower law. She serves as co-editor of the AHLA's Enterprise Risk Management Handbook for Healthcare Entities and has co-authored books for the American Bar Association on ACOs and international HIPAA considerations, as well as contributing chapters to legal and medical reference works. She teaches bioethics at Baylor College of Medicine's Center for Medical Ethics and Health Policy, bridging legal and clinical perspectives for healthcare professionals. Her work conducting HIPAA Risk Analyses for domestic and international organizations and representing clients in government enforcement matters reflects active engagement with the compliance challenges healthcare and technology organizations face in an evolving regulatory landscape.

Experience

Rachel Rose's career is defined by a rare combination of legislative, regulatory, and private practice experience that spans more than two decades at the intersection of healthcare, cybersecurity, and the law. She was present at two defining moments in U.S. healthcare privacy law — working on Capitol Hill when HIPAA was enacted in 1996 and at HHS when the HITECH Act was being implemented in 2009 — and has built a practice that applies that institutional knowledge to transactional, compliance, and litigation matters for domestic and international clients. Her work includes HIPAA Risk Analyses, government enforcement representation, securities and whistleblower matters, and cybersecurity compliance counseling. Her ABA and AHLA publications, her bioethics teaching at Baylor College of Medicine, her Harvard Executive Certification, and her consecutive national and regional recognition across legal, trial, and compliance communities reflect a career of exceptional depth, versatility, and sustained professional impact.
Rachel V. Rose

Rachel V. Rose

Rachel V. Rose – Attorney at Law, PLLC

Rachel V. Rose, JD, MBA is a Houston-based attorney and consultant whose practice spans transactional, compliance, and litigation matters in cybersecurity, healthcare, securities, and Dodd-Frank and False Claims Act whistleblower claims. Her background is distinctively multidisciplinary — she worked on Capitol Hill when HIPAA was enacted in 1996 and at HHS during the implementation of the HITECH Act in 2009, giving her firsthand legislative and regulatory insight that few practitioners can claim. She holds a law degree from Stetson University College of Law, an MBA with minors in healthcare and entrepreneurship from Vanderbilt University, and an Executive Certification in Leadership and Negotiation from Harvard Law School. She is an extensively published author, a sought-after speaker, a recognized expert in healthcare compliance and cybersecurity law, and an Affiliated Member at Baylor College of Medicine’s Center for Medical Ethics and Health Policy, where she teaches bioethics.

Education & Credentials

Rachel holds a Juris Doctor from Stetson University College of Law, a Master of Business Administration with minors in healthcare and entrepreneurship from Vanderbilt University, and an Executive Certification in Leadership and Negotiation from Harvard Law School. This combination of legal, business, and leadership credentials reflects the multidisciplinary foundation of a practice that spans healthcare compliance, cybersecurity, securities law, and whistleblower representation. She is co-editor of the American Health Lawyers Association's Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition) and coauthor of two ABA publications — The ABCs of ACOs and What Are International HIPAA Considerations? — as well as contributing author to multiple legal and medical reference books.

Recognition & Leadership

Rachel has received a remarkable breadth of professional recognition, including consecutive listing in the Texas Bar College, the National Women Trial Lawyers Association's Top 25, Houstonia Magazine's Top Lawyers in healthcare, the National Trial Lawyers Association's Top 100, and SuperLawyers in healthcare. She has also been named 1st Healthcare Compliance's Top Presenter in both 2019 and 2022. As an Affiliated Member of Baylor College of Medicine's Center for Medical Ethics and Health Policy — where she teaches bioethics — she occupies a distinctive position at the intersection of law, medicine, and ethics. Her Capitol Hill experience during HIPAA's passage and her HHS tenure during HITECH implementation reflect an early and sustained engagement with the legislative foundations of healthcare privacy law that few practitioners can match.

Professional Involvement

Rachel is extensively published, a sought-after conference presenter, and a frequently quoted expert on cybersecurity, healthcare compliance, and whistleblower law. She serves as co-editor of the AHLA's Enterprise Risk Management Handbook for Healthcare Entities and has co-authored books for the American Bar Association on ACOs and international HIPAA considerations, as well as contributing chapters to legal and medical reference works. She teaches bioethics at Baylor College of Medicine's Center for Medical Ethics and Health Policy, bridging legal and clinical perspectives for healthcare professionals. Her work conducting HIPAA Risk Analyses for domestic and international organizations and representing clients in government enforcement matters reflects active engagement with the compliance challenges healthcare and technology organizations face in an evolving regulatory landscape.

Experience

Rachel Rose's career is defined by a rare combination of legislative, regulatory, and private practice experience that spans more than two decades at the intersection of healthcare, cybersecurity, and the law. She was present at two defining moments in U.S. healthcare privacy law — working on Capitol Hill when HIPAA was enacted in 1996 and at HHS when the HITECH Act was being implemented in 2009 — and has built a practice that applies that institutional knowledge to transactional, compliance, and litigation matters for domestic and international clients. Her work includes HIPAA Risk Analyses, government enforcement representation, securities and whistleblower matters, and cybersecurity compliance counseling. Her ABA and AHLA publications, her bioethics teaching at Baylor College of Medicine, her Harvard Executive Certification, and her consecutive national and regional recognition across legal, trial, and compliance communities reflect a career of exceptional depth, versatility, and sustained professional impact.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC
DE1.0
FL1.0
GA1.0
HI1.0
IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
MA1.0
MD1.0
ME1.0
MI1.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.0
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD1.0
TN1.0
TX1.0
UT1.0
VA1.0
VT1.0
WA1.0
WI1.0
WV1.2
WY1.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs