Webcast: The False Claims Act – 2021 Update for Financial Services

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October 6, 2021

First of four industry-specific programs

The False Claims Act (FCA) is one of the most powerful tools in the government’s arsenal to tackle fraud, waste and abuse involving public funds. After several years of statements and guidance that the Department of Justice (DOJ) may change its approach to FCA enforcement, the Biden administration appears to be taking a different and more aggressive approach. Meanwhile, newly filed FCA cases remain at all-time highs, and the government has recovered nearly $ 3 billion or more a year under the FCA for a decade. The government also continues to pursue new and significant spending plans in COVID-related stimulus and infrastructure, which could lead to even stronger efforts by the Justice Department to prosecute fraud, waste and abuses in government spending. More than ever, any business that receives public funds, especially in the financial services industry, must understand how government and private whistleblowers use FCA and how they can defend themselves.

Please join us to discuss developments within the FCA, including:

  • The latest trends in FCA enforcement actions and related litigation affecting financial services;
  • Updates on the Biden administration’s approach to FCA enforcement, including developments impacting the DOJ’s use of its statutory termination authority;
  • New proposed amendments to the CFL presented by Senator Grassley; and
  • The latest trends in FCA case law, including developments in particular FCA legal theories affecting your industry and the continuing evolution of how lower courts interpret Supreme Court decisions Escobar decision.

View slides (PDF)



PANELISTS:

F. Joseph Warin is a partner in the Washington, DC office, chair of the office’s litigation department and co-chair of the firm’s White Collar Defense and Investigations practice group. His practice focuses on complex civil litigation, white-collar crime, and regulatory and securities enforcement – including investigating corrupt practices abroad, false claims cases, representations to special committees, compliance advice and class actions.

James zelenay is a partner in the Los Angeles office where he works in the firm’s Litigation department. He has experience defending clients involved in white collar investigations, assisting clients to respond to government subpoenas and civil litigation involving government fraud. He also has considerable experience in federal and state false claims laws and whistleblower litigation, in which he has represented a wide range of industries and clients, and has written extensively on false claims law.

Casey Kyung Se Lee is a senior partner in the New York office and a member of the firm’s Defense and White Collar Investigations and Litigation practice groups. Mr. Lee’s practice focuses on representing clients in litigation and investigations involving the federal government. Mr Lee joined Gibson Dunn in 2020 after serving as the Assistant United States Attorney in the Civil Division of the United States Attorney’s Office for the Southern District of New York, where he investigated allegations of fraud against the States -United under the False Claims Act, Anti -Bribe status and other statutes.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Council on Continuing Legal Education for a maximum of 1.5 credit hours, of which 1.5 credit hours may be applied to the requirement areas of professional practice.

This course is approved for bridging / non-bridging credit. Lawyers seeking credit in New York should obtain an Affirmation Form before viewing the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California for 1.5 hours.

California lawyers can claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for the California Self-Study Credit.


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