The award winning False Claims Act Trial Institute will once again feature a two-day mock False Claims Act jury trial, in which experienced False Claims Act lawyers from the government, relators' and defense bar will try a health care fraud case to a jury. A hallmark of this innovative program is the televised jury deliberations. As the number of False Claims Act cases filed continues to rise, the number of cases that are tried also increases. The Institute will focus on the unique, and often little understood, discovery, evidentiary and trial challenges that the parties must negotiate to successfully litigate and try a False Claims Act case. Attendees of this program will improve their knowledge and understanding of the novel challenges involved in litigating a False Claims Act case, including the following:
• Developing Trial Themes and a Litigation Plan
• Jury Selection
• Openings and Closings
• Direct and Cross Examination
It is increasingly difficult to find opportunities to observe a trial and even more difficult to observe jury deliberations. Conducting a mock jury exercise is time-consuming and expensive. This Institute offers the benefits of a mock jury exercise at a fraction of the cost. The capstone of the program is a two-day mock FCA trial, from voir dire through jury deliberations, which attendees will be able to observe live and via video. Attendees will then be able to discuss the trial with the attorneys, jury consultants and mock jurors. Short of an actual trial, there is simply no better opportunity to observe the trial process from the inside.
This year’s trial will center on a compounding pharmacy’s allegedly false reimbursement claims submitted to Medicaid and Medicare for pain creams. The plaintiffs allege that the pharmacy lied about the ingredients in its pain creams, which were actually bulk powder ingredients that Medicare does not cover at all and Medicaid covers only with prior authorization. They also allege that the pharmacy bribed patients and/or physicians to drive prescriptions.
Attendees will gain knowledge, understanding and insights that will improve their ability to develop -- and present to their clients — a viable plan for successfully litigating and trying an FCA case.
This Institute is perfect for younger attorneys seeking to become litigators, experienced attorneys seeking to hone their skills, in-house counsel who may be responsible for overseeing trials and litigation consultants seeking to better understand how their work is used in trial.