ACI’s 13th Annual Advanced Forum on False Claims and Qui Tam Enforcement

Partners Ryan McCarthy and Kayla Kaplan will be speaking at ACI’s 13th Annual Advanced Forum on False Claims and Qui Tam Enforcement. The conference takes a closer look at the complex False Claims Act landscape.

Attendees will hear from government officials, in-house counsel, relators’ counsel, and defense practitioners as they sort through shifting DOJ priorities, emerging circuit splits, and the expanding role of AI, data analytics, and healthcare enforcement. The program sessions will break down the most significant cases and trends while offering grounded, practical guidance for managing risk and staying compliant in 2026 and beyond.

Ryan’s panel, Part 1: The Causation Crevasse: AKS “But-For” v. False Certification Post-Regeneron, will unpack the emerging circuit split over what connects an alleged kickback to a false claim under the FCA. Panelists will contrast the First, Sixth, and Eighth Circuits’ strict “but-for” causation approach with the Third Circuit’s more flexible false-certification theory.

The discussion will highlight the types of evidence that tend to be outcome-determinative—such as claims data, medical-necessity analyses, and payment-flow tracing—and offer strategies for preserving key arguments in litigation. Panelists will also address how these divergent standards shape settlement leverage and what practitioners should anticipate should the Supreme Court step in to resolve the split. Ryan’s panel will take place on Wednesday, January 28, at 3:00 pm ET.

Kayla’s panel, Beyond AKS & MA: COVID Aftershocks, Telehealth, AI, and Cyber – The Next Wave of Healthcare Enforcement, will examine emerging trends shaping the next phase of FCA enforcement. While the Anti-Kickback Statute and Medicare Advantage remain central, new developments—such as post–COVID-19 impacts, evolving telehealth and remote-monitoring models, AI-assisted documentation, and expanding healthcare cybercompliance requirements—are increasing exposure across the healthcare ecosystem. Panelists will discuss where enforcement is likely headed and provide practical guidance for preparation.

Topics will include long-tail COVID-19 recoveries, telehealth and third-party marketing risks, AI/Electronic Health Record documentation audits, civil cyber-fraud management, and coordination with state Medicaid Fraud Control Units and the Office of Inspector General beyond MA and AKS. Kayla’s panel will take place on Thursday, January 29, at 2:30 pm ET.