ACI’s 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement

Partners Eric W. Sitarchuk and Jaclyn Unis Whittaker will participate on panels at the American Conference Institute’s (ACI’s) 11th 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 (DOJ’s) latest actions relating to False Claims Act (FCA) actions.

A Year After the SCOTUS SuperValu Decision: Exploring the Impact of the Subjective Scienter Standard on File Strategy and Future Litigation
Eric Sitarchuk | Tuesday, January 23, 2024 | 9:00 am ET

Topics will include:

• Learning how defense and relator’s counsel are rethinking the strength of their cases in light of the new standard
  
  • Is early dismissal based on lack of scienter harder to prove?
  • How should defense and relator’s counsel react?
• Learning the best strategies for advancing the defense of good faith misinterpretation of the terms of a requirement that is material to the decision to pay
• Addressing how the lower courts interpret the US Supreme Court’s clarifications regarding reckless disregard
• Understanding how relator’s counsel and government counsel review their cases for merit in light of the subjective scienter standard

The DOJ’s Civil Cyber Fraud Initiative in Action: The Latest Cross-Industry Trends and How Companies Can Become Compliant
Jaclyn Unis Whittaker | Tuesday, January 23, 2024 | 11:15 am ET

Topics will include:

• Examining cybersecurity scenarios that could potentially lead to FCA recoveries
• Learning how the cybersecurity standards were developed and unpacking the complexity of the regulations
• Unpacking the lessons learned from FCA settlements under the initiative
• Considering overlapping cybersecurity requirements, such as Health Insurance Portability and Accountability Act (HIPAA) regulations in healthcare
• Balancing the cost of becoming IT compliant against the cost of being found non-compliant, and potentially facing an FCA claim
  • Knowing the self-reporting considerations