David Osinski
Partner,
Bates White |
David Fischer
Senior Counsel,
Grant & Eisenhofer |
Kirsten Mayer
Partner,
Ropes & Gray |
Robert Rhoad
Partner (Moderator),
Crowell & Moring |
If you conduct business with the government, you face False Claims Act risk, and if you face FCA risk, how does one quantify that risk? Whether the FCA risk is related to government contracts, the provision of health care or financial goods and services, or government grants or sponsorships, companies need to know how the Department of Justice measures government loss and any penalties that should be imposed, and whether courts agree with those positions. In fact, courts today face a range of critical issues relating to FCA damages and penalties, and where the law settles could impact how business with the government is conducted for many years to come.
Join us for a discussion of some of the more prominent issues where the measurement of FCA damages and penalties remains a matter of close scrutiny. Topics include:
- The landscape of government loss under the FCA: what types of loss does the FCA redress?
- When does the government's loss equal the full value of the government's payments? When should value received off-set that loss?
- Are there meaningful constitutional limits to FCA penalties when there is minimal or no FCA loss? Will the Supreme Court weigh in next term on this critical issue?
- Is the current state of the law on FCA damages and penalties consistent with the FCA's policy objectives?
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