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False Claims Act Pre-trial Strategy (Presented by the Federal Bar Association Qui Tam Conference 2025 sponsor Kang Haggerty)

False Claims Act pre-trial strategies for relator and defense counsel, covering case evaluation, government interactions, and declined litigation.

2025-08-07 14:00:00

Program Details

2025-08-07 14:00:00

Program Details

2025-08-07 14:00:00

Over 1,000+ webinars

2025-08-07 14:00:00

Course Overview

False Claims Act Pre-Trial Strategy Mastery

2025-08-07 14:00:00

Participants will learn to evaluate, file, and litigate False Claims Act cases from relator, defense, and government perspectives. These strategies apply directly to case assessment, disclosure preparation, and government interactions.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
Case Evaluation
Assess materiality, damages, statute of limitations, and first-to-file status before proceeding.
02
Disclosure Strategy
Pre-filing and post-filing disclosures protect original source status and establish credibility.
03
Relator Vetting
Evaluate insider status, motive, conduct history, and potential retaliation claims carefully.
04
CID Response
Analyze every word as a clue to government theory during lengthy investigations.
05
Government Interaction
Both relator and defense counsel benefit from early, cooperative DOJ relationships.
06
Declined Litigation
Defense counsel should file motions to dismiss citing Rule 9(b) standards.

Program schedule

clock 2:00 pm - 2:15 pm EST

Evaluating FCA Cases and Preparing Initial Filings

This session covers the fundamentals of vetting potential False Claims Act cases, including assessing materiality, damages, statute of limitations, and relator credibility. Participants will learn best practices for preparing pre-filing and post-filing disclosures that create compelling narratives while meeting statutory requirements.

Ross M. WolfeRoss M. Wolfe
Nicomedes Sy HerreraNicomedes Sy Herrera
Erin LindgrenErin Lindgren
Emily McGowanEmily McGowan
clock 2:15 pm - 2:30 pm EST

Navigating Government Interactions During FCA Investigations

Learn how both defense and relator’s counsel should engage with DOJ during active investigations, from receiving Civil Investigative Demands to building productive relationships with AUSAs. This session explores strategies for responding to CIDs, cooperation considerations, and maintaining effective communication throughout lengthy investigative timelines.

Ross M. WolfeRoss M. Wolfe
Nicomedes Sy HerreraNicomedes Sy Herrera
Erin LindgrenErin Lindgren
Emily McGowanEmily McGowan
clock 2:30 pm - 2:40 pm EST

Client Advisory Strategies During Government Investigation Phase

This session addresses how counsel should advise clients during the often multi-year government investigation period while awaiting an intervention decision. Topics include managing client expectations, maintaining ongoing communication with DOJ, and monitoring relevant developments nationwide.

Ross M. WolfeRoss M. Wolfe
Nicomedes Sy HerreraNicomedes Sy Herrera
Erin LindgrenErin Lindgren
Emily McGowanEmily McGowan
clock 2:40 pm - 2:50 pm EST

Strategies for Declined FCA Litigation Defense

Explore tactical considerations when the government declines to intervene, including post-declination conversations with DOJ and motion to dismiss strategies. The session examines Rule 9(b) pleading requirements and emerging constitutional challenges to the qui tam device following recent court developments.

Ross M. WolfeRoss M. Wolfe
Nicomedes Sy HerreraNicomedes Sy Herrera
Erin LindgrenErin Lindgren
Emily McGowanEmily McGowan
clock 2:50 pm - 3:00 pm EST

FCA Settlement Strategies with Government and Relators

This concluding session addresses settlement considerations and strategies when negotiating with both the government and relators in False Claims Act cases. Participants will gain insights into the dynamics of multi-party settlement negotiations in the FCA context.

Ross M. WolfeRoss M. Wolfe
Nicomedes Sy HerreraNicomedes Sy Herrera
Erin LindgrenErin Lindgren
Emily McGowanEmily McGowan
Ross M. Wolfe

Ross M. Wolfe

Kang Haggerty LLC

Nicomedes Sy Herrera

Nicomedes Sy Herrera

Herrera Kennedy LLP

Erin Lindgren

Erin Lindgren

Eastern District of Pennsylvania

Emily McGowan

Emily McGowan

Alston & Bird LLP

Ross M. Wolfe

Ross M. Wolfe

Kang Haggerty LLC

Ross M. Wolfe is an associate focusing his practice on whistleblower actions under the False Claims Act and commercial litigation. He works with relators from intake through case conclusion and represents whistleblowers who have suffered employer retaliation.

Experience

Works with relators from intake through conclusion of cases, helping them navigate the whistleblower process. Represents whistleblowers who have suffered retaliation by their employers as a result of their whistleblower activities.
Nicomedes Sy Herrera

Nicomedes Sy Herrera

Herrera Kennedy LLP

Nicomedes Sy Herrera is a strategic litigator with over 27 years of experience handling complex, high-stakes business and trade disputes, specializing in qui tam and antitrust litigation.

Education & Credentials

Graduated from Columbia College in 1994 and Columbia Law School in 1997. Admitted to the Bars of California, New York, and Florida.

Professional Involvement

Serves or has served on the boards of various charities. Co-founded the Pope Francis Legal Help Center in the Diocese of Oakland.

Experience

Spearheaded groundbreaking billion-dollar qui tam lawsuits against major pharmaceutical companies alleging fraudulently procured patents to block generic competition. Held senior executive and general counsel roles at prominent financial services firms in New York and Chicago. Served as Vice President and General Counsel of Corridor Capital Group Holdings, LLC, and its spin-off entities.
Erin Lindgren

Erin Lindgren

Eastern District of Pennsylvania

Erin Lindgren is an Assistant U.S. Attorney in the Eastern District of Pennsylvania, where she handles significant investigations and settlements under the False Claims Act.

Education & Credentials

J.D. from Temple University Beasley School of Law, with honors. B.A. from the University of Southern California, with honors.

Recognition & Leadership

Received the Outstanding Trial Attorney award and two Special Commendations while at the Tax Division.

Experience

Secured a $44 million settlement against a remote cardiac monitoring company for fraudulent billing practices and a significant settlement with a psychiatrist for overbilling Medicaid. Hired into the Attorney General's Honors Program in the Tax Division for the Department of Justice. Served as Counsel to the Acting Assistant Attorney General. Clerked for the Honorable Juan R. Sánchez of the Eastern District of Pennsylvania.
Emily McGowan

Emily McGowan

Alston & Bird LLP

Emily McGowan is a partner who helps health care companies handle complex enforcement and litigation matters, regularly defending clients in False Claims Act and Anti-Kickback Statute investigations.

Recognition & Leadership

Ranked in Chambers USA since 2020. Currently Band 1 in North Carolina for Litigation: White Collar Crime & Government Investigations.

Experience

Assists managed care organizations, pharmacy benefit managers, and drug manufacturers in high-stakes government enforcement actions and related litigation. Counsels clients on issues involving Medicare Advantage, including sales and marketing compliance, risk adjustment, and prior authorization. Handles investigations and inquiries into the use of artificial intelligence in health care.
Ross M. Wolfe

Ross M. Wolfe

Kang Haggerty LLC

Ross M. Wolfe is an associate focusing his practice on whistleblower actions under the False Claims Act and commercial litigation. He works with relators from intake through case conclusion and represents whistleblowers who have suffered employer retaliation.

Experience

Works with relators from intake through conclusion of cases, helping them navigate the whistleblower process. Represents whistleblowers who have suffered retaliation by their employers as a result of their whistleblower activities.
Nicomedes Sy Herrera

Nicomedes Sy Herrera

Herrera Kennedy LLP

Nicomedes Sy Herrera is a strategic litigator with over 27 years of experience handling complex, high-stakes business and trade disputes, specializing in qui tam and antitrust litigation.

Education & Credentials

Graduated from Columbia College in 1994 and Columbia Law School in 1997. Admitted to the Bars of California, New York, and Florida.

Professional Involvement

Serves or has served on the boards of various charities. Co-founded the Pope Francis Legal Help Center in the Diocese of Oakland.

Experience

Spearheaded groundbreaking billion-dollar qui tam lawsuits against major pharmaceutical companies alleging fraudulently procured patents to block generic competition. Held senior executive and general counsel roles at prominent financial services firms in New York and Chicago. Served as Vice President and General Counsel of Corridor Capital Group Holdings, LLC, and its spin-off entities.
Erin Lindgren

Erin Lindgren

Eastern District of Pennsylvania

Erin Lindgren is an Assistant U.S. Attorney in the Eastern District of Pennsylvania, where she handles significant investigations and settlements under the False Claims Act.

Education & Credentials

J.D. from Temple University Beasley School of Law, with honors. B.A. from the University of Southern California, with honors.

Recognition & Leadership

Received the Outstanding Trial Attorney award and two Special Commendations while at the Tax Division.

Experience

Secured a $44 million settlement against a remote cardiac monitoring company for fraudulent billing practices and a significant settlement with a psychiatrist for overbilling Medicaid. Hired into the Attorney General's Honors Program in the Tax Division for the Department of Justice. Served as Counsel to the Acting Assistant Attorney General. Clerked for the Honorable Juan R. Sánchez of the Eastern District of Pennsylvania.
Emily McGowan

Emily McGowan

Alston & Bird LLP

Emily McGowan is a partner who helps health care companies handle complex enforcement and litigation matters, regularly defending clients in False Claims Act and Anti-Kickback Statute investigations.

Recognition & Leadership

Ranked in Chambers USA since 2020. Currently Band 1 in North Carolina for Litigation: White Collar Crime & Government Investigations.

Experience

Assists managed care organizations, pharmacy benefit managers, and drug manufacturers in high-stakes government enforcement actions and related litigation. Counsels clients on issues involving Medicare Advantage, including sales and marketing compliance, risk adjustment, and prior authorization. Handles investigations and inquiries into the use of artificial intelligence in health care.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC1.0
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

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Trusted by Legal Professionals

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Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
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Approved
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Approved
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Approved
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Pending
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Approved
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Pending
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No Required
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Approved
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Pending
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Approved
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Pending
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Approved
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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.  

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