9th Annual Advanced Forum on False Claims and Qui Tam Enforcement

Partners Eric W. Sitarchuk and Ryan P. McCarthy will participate on panels at the 9th Annual Advanced Forum on False Claims and Qui Tam Enforcement. A faculty of government speakers and leading defense, in-house, and relator’s counsel will gather to address the critical and emerging issues of the US Department of Justice’s latest actions relating to False Claims Act actions.

Advanced Advocacy in FCA and Qui Tam Claims: The Defense Perspective
Eric Sitarchuk | Wednesday, June 22, 2022 | 12:30–1:20 PM ET

During this session, leading defense lawyers will present advanced tactics for preparing and defending against False Claims Act (FCA) and qui tam claims.

Topics will include:

• Reviewing different types of subpoenas and civil investigative demands (CIDs) and negotiating their scope with the US Department of Justice (DOJ)
• Seeking declination and dismissal
• Addressing the unique considerations that arise from criminal, parallel or administrative proceedings
• Understanding aspects of litigation where the government does not intervene but the relator continues
• Special consideration for private equity firms

Critical Developments Involving the Stark Law, the Anti-Kickback Statute, and Medicare Advantage Program
Ryan McCarthy | Thursday, June 23, 2022 | 10:00–10:50 AM ET

In this session, DOJ and leading defense, in-house, and relator’s counsel will discuss the Stark Law, the Anti-Kickback Statute (AKS), and the Medicare Advantage Program.

Topics will include:

• Analyzing the impact of changes to the Stark Law and the US Department of Health and Human Services Office of the Inspector General’s revisions to the regulations implementing the AKS
• Discussing takeaways from important cases and best practices for parallel proceedings
• Medicare policies established without notice-and-comment rulemaking, risk adjustment diagnosis coding, and medical necessity