Hot Topics in False Claims Act Litigation – Summer 2019

$195.00

CLE Credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

The False Claims Act dates back to 1863; yet, over the past ten years there has been a significant uptick in cases filed Relator’s counsel in qui tam actions. As case law such as Escobar and DOJ guidance have evolved, so have the issues that counsel need to consider when bringing and litigating False Claims Act cases. This presentation provides an overview of the filing fundamentals, as well as recent cases related to DOJ guidance and materiality.

Key topics to be discussed:

•   Fundamentals that need to be met in every qui tam case
•   Pleading with particularity in order to meet FRCP 9(b)
•   Materiality, the Granston Memo and other notable issues in False Claims Act litigation
•   Recent cases
•   Overcoming a defendant’s trade secret or HIPAA objection

Date / Time: December 10, 2019

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.

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Original Broadcast Date: August 16, 2019

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. Her practice focuses on a variety of cybersecurity, health care and securities law issues related to industry compliance and transactional work, as well as representing plaintiffs in Dodd-Frank/False Claims Act whistleblower claims.

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. Currently, she is the Chair of the Federal Bar Association’s Government Relations Committee, 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 books The ABCs of ACOs and What Are International Business Considerations? She has been named consecutively to the Texas Bar College, the National Women Trial Lawyers Association’s Top 25 and Houstonia Magazine’s Top Lawyers for healthcare. Ms. Rose is an Affiliated Member with the Baylor College of Medicine’s Center for Medical Ethics and Health Policy, where she teaches bioethics.

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Section I. Discussion of the fundamentals that need to be met in every qui tam case in the post-Escobar era

Section II. Pleading with particularity in order to meet FRCP 9(b) and survive a FRCP 12(b) motion to dismiss

Section III. Appreciating the impact of materiality, as well as the government’s ability to dismiss a case under certain circumstances and the Relator’s right to a hearing

Section IV. Recent case law: Facts, issues and practical applications

Section V. HIPAA and Trade Secrets in whistleblower cases