Recklessness – A Synopsis of FCA Cases Post-SuperValu

Rachel V. Rose
Rachel V. Rose | Principal with Rachel V. Rose – Attorney at Law, P.L.L.C. (Houston, TX).

Rachel V. Rose, JD, MBA is a Principal with Rachel V. Rose – Attorney at Law, P.L.L.C. (Houston, TX)

On-Demand: November 15, 2023
Recklessness – A Synopsis of FCA Cases Post-SuperValu

$95.00 1 hour CLE

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Program Summary

On June 1, 2023, the United States Supreme Court issued a unanimous Opinion in United States et al. ex rel. Schutte, et al. v. SuperValu, Inc., et al. The government, plaintiffs’ counsel, and defense counsel alike waited with bated breath for the results, which revealed that (1) “FCA’s scienter element refers to a defendant’s knowledge and subjective beliefs—not to what an objectively reasonable person may have known or believed “ and (2) Safeco did not apply. This brings us to the area of play in the U.S. District Courts – “recklessness”. The purpose of this webinar is to hit the highlights of SuperValu, including the areas where defense counsel and plaintiffs agree and how the “recklessness” standard is playing out.

Key topics to be discussed:

  • Appreciate the core take-aways from SuperValu
  • Deep dive into the three areas of scienter under the FCA
  • Learn what is taking place in District Courts over the “reckless” battleground

Date / Time: November 15, 2023

Closed-captioning available


Rachel V. Rose, JD, MBA_Principal with Rachel V. Rose – Attorney at Law, P.L.L.C._myLawCLERachel V. Rose | Principal with Rachel V. Rose – Attorney at Law, P.L.L.C. (Houston, TX).

Rachel V. Rose, JD, MBA is a Principal with Rachel V. Rose – Attorney at Law, P.L.L.C. (Houston, TX)

Ms. Rose has a unique background, having worked in many different facets of healthcare, securities, cybersecurity, as well as international law and business throughout her career. For nearly a decade, her practice has focused transactional, compliance, and litigation matters related to cybersecurity, health care, securities, and Dodd-Frank/False Claims Act whistle blower claims. Ms. Rose worked on Capitol Hill when HIPAA passed in 1996 and worked at HHS in 2009 when the HITECH Act was being implemented.

In addition to being extensively published and a sought-after presenter and quoted expert, Ms. Rose holds an MBA with minors in healthcare and entrepreneurship from Vanderbilt University, and a law degree from Stetson University College of Law, where she graduated with various honors, including the National Scribes Award and The William F. Blews Pro Bono Service Award.

Ms. Rose is licensed in Texas and is a Fellow of the Federal Bar Association. Currently, she is the Chair of the Federal Bar Association’s Government Relations Committee, a board member of the Federal Bar Association’s Qui Tam Section, the co-editor of the American Health Lawyers Association’s Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition), as well as a co-author of the ABA’s books The ABCs of ACOs and What Are International HIPAA Considerations?

She has been named consecutively to the Texas Bar College, the National Women Trial Lawyers Association’s Top 25, Houstonia Magazine’s Top Lawyers (healthcare), the National Trial Lawyers Association’s Top 100, as well as 1st Healthcare Compliance’s 2019 Top Presenter. Ms. Rose is also an Affiliated Member with the Baylor College of Medicine’s Center for Medical Ethics and Health Policy, where she teaches bioethics.

Federal Court Admissions: Supreme Court of the United States, CO, DC, SDTX, NDTX, EDTX and WDTX.

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I. SuperValu core items | 1:00pm – 1:15pm

II. Scienter and the FCA post-SuperValu | 1:15pm – 1:30pm

III. Current case law landscape regarding “recklessness” – Conclusion| 1:30pm – 2:00pm