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Rule 9(b) and the False Claims Act – The current state of circuit splits

Rachel V. Rose
Rachel V. Rose | 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.

On-Demand: July 12, 2023
Rule 9(b) and the False Claims Act – The current state of circuit splits

$95.00 1 hour CLE

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Program Summary

On October 17, 2022, The Supreme Court denied cert. in United States ex rel. Owsley v. Fazzi Associates, Inc., which posed the question whether or not a False Claims Act Complaint was plead sufficient particularity to satisfy Federal Rule of Civil Procedure 9(b). While the topic is not riveting, it is fundamental to every FCA case. Given the Supreme Court's denial to hear the case, the alleged split in the circuit courts remains. The purpose of this webinar is to focus on the Rule 9(b) requirements, the federal government's position in its amicus briefs in Owsley and other cases, and explain the current landscape across the various circuit courts.

Key topics to be discussed:

  • Appreciate the FRCP 9(b) requirements in a FCA case
  • Learn about the Federal Government's position in its amicus briefs over the past decade
  • Understand the nuances of what is required in terms of "proof" in order to meet 9(b), even at the pleading stage, across different circuits

Date: August 9, 2023

Closed-captioning available

Speakers

Rachel-V.-Rose_Principal-with-Rachel-V.-Rose-–-Attorney-at-Law,-P.L.L.C.Houston,-TX_myLawCLERachel V. Rose | 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 whistleblower 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.

See www.rvrose.com for additional information.

Agenda

I. Appreciate the FRCP 9(b) requirements in a FCA case | 2:00pm – 2:20pm

II. Learn about the Federal Government’s position in its amicus briefs over the past decade | 2:20pm – 2:40pm

III. Understand the nuances of what is required in terms of “proof” in order to meet 9(b), even at the pleading stage, across different circuits | 2:40pm – 3:00pm

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