The panel will highlight some of the recent trends in government enforcement related to the False Claims Act including actions targeting COVID 19, the opioid epidemic, and device manufacturers. In addition, the panelists will focus on strategies for defending FCA actions by discussing among other things the advantages of disclosure, litigation strategies such as motions to dismiss, tips for reducing the multiplier, and pre-intervention mediation. And the panelists will address the Circuit split in AKS cases analyzing when a claim “results from” a violation of the AKS and other relevant, new cases addressing the AKS and certain defenses to the FCA including the advice of counsel defense.
