False Claims Act Insights

Jonathan Porter
  • 5.0 (3)
  • BUSINESS
  • UPDATED MONTHLY
False Claims Act Insights

False Claims Act Insights explores how the U.S. government uses the False Claims Act (FCA) to stamp out fraud and corruption in government contracts. Each episode, Jonathan Porter, a former Assistant U.S. Attorney and currently a partner with Husch Blackwell’s White Collar, Internal Investigations & Compliance team, chats with preeminent guests to provide listeners with an up-to-date understanding of the FCA, including trends in recent litigation and compliance efforts. The show also explores those elements of the FCA that make it a uniquely powerful tool for the government against private business, including the Act’s utilization of whistleblowers and its qui tam provisions, as well as evolving theories of FCA liability that expand the boundaries of what the Act covers, including cybersecurity and so-called reverse FCA claims.

  1. NOV 13

    Powerful, But Not All-Powerful: CIDs in FCA Litigation

    Husch Blackwell’s Rebecca Furdek joins host Jonathan Porter to discuss civil investigative demands (CIDs), how and when the Department of Justice (DOJ) uses them in the False Claims Act context, and what companies can do to limit or set aside CIDs.

    31 min

  2. OCT 28

    Reality Checks: How to Approach Healthcare Transactions Without Triggering FCA Liability

    Host Jonathan Porter is joined by Husch Blackwell partner Hal Katz to discuss healthcare transactions in the context of the False Claims Act (FCA) and other regulatory frameworks applicable to the healthcare industry. As evidenced by the recent torrent of state- and federal-level laws aimed at healthcare, no industry is asked by its regulators to jump through so many hoops as healthcare when it comes to acquisitions, business combinations, and joint ventures. In this episode, Jonathan and Hal explore how healthcare business leaders can approach transactions without triggering an avalanche of legal liability.

    30 min

  3. OCT 9

    Are the FCA’s Qui Tam Provisions Unconstitutional? One Federal Judge Says “Yes”

    Host Jonathan Porter is joined by Husch Blackwell partners Jody Rudman and Lorinda Holloway to discuss the implications of a September 2024 federal court decision from the Middle District of Florida that strikes down the False Claims Act’s qui tam provisions as unconstitutional.

    26 min

  4. AUG 29

    Are All Healthcare “Kickbacks” Subject to FCA Liability?

    Host Jonathan Porter welcomes Georgia Deputy Attorney General Jim Mooney to the show to explore the intersection of the False Claims Act (FCA) and the federal Anti-Kickback Statute (AKS). Our discussion begins with an explanation of the enforcement framework at both the state and federal level and the purpose of the AKS. Jonathan and Jim then pivot to cover how the FCA and AKS can overlap in enforcement efforts and how kickbacks oftentimes operate as a predicate to FCA lawsuits. Our conversation then considers recent and pending litigation that could help healthcare and pharmaceutical industry leaders manage exposure to FCA and AKS liability, including issues related to causation, which is a key link that joins the FCA to AKS-related violations.

    32 min

  5. AUG 12

    If Everything Matters, Nothing Does: Parsing Materiality in FCA Disputes

    Host Jonathan Porter welcomes Husch Blackwell attorney Kip Randall to the podcast to discuss the beguiling notion of materiality in the context of False Claims Act litigation. Kip and Jonathan draw from case law to illustrate how courts have construed the materiality standard, including the court’s analysis in a seminal Fourth Circuit case that looked to the essence of what the underlying contract was meant to accomplish and how the contractor was perceived to perform within that context. Kip and Jonathan then apply the materiality standard to a range of hypothetical scenarios, including disputes concerning novel areas like cybersecurity services. The conversation also dives into the broader concept of materiality and how difficult it is to apply in a standardized way across agencies, providing ample room for defense counsel to aggressively argue materiality issues in FCA litigations.

    32 min

  6. JUL 29

    Assessing the Fallout from a Thermonuclear FCA Verdict

    Host Jonathan Porter welcomes Tynan Kugler, Principal with PYA, P.C., and Mara Smith Kouba, legal counsel with Bristol Myers Squibb, to discuss a recent False Claims Act trial verdict from a New Jersey federal court. United States ex re Penelow et al. v. Janssen Products, LP was decided on June 13, 2024, resulting in potential damage awards of over $1 billion. The case is awaiting appeal. Our discussion centers on the financial relationships that life sciences companies have with physicians and the potential risks inherent in those relationships. We dissect the Penelow case and the legal theories at play from both the relator and defense perspectives, including how they concern the use of a speaker network program and the ‘one-purpose’ theory of the Anti-Kickback Statute. We then pivot to what the Penelow verdict means for compliance programs and risk management practices.

    34 min

  7. JUL 15

    Eureka! Government Investigators Seek Out Research Misconduct

    Host Jonathan Porter welcomes Husch Blackwell attorney Karen Courtheoux to the show to discuss the False Claims Act in the context of government-funded research programs that are often carried out under the auspices of institutions of higher education. Their discussion kicks off with a short summary of the mechanics of government research funding and the reporting processes of the post-award monitoring phase of research. From there, the conversation turns to the various sets of rules in play across the expanse of government-funded research, including how research misconduct is defined and how compliance works in this context. Jonathan and Karen also discuss specific recent examples of research misconduct and the lessons learned from them.

    30 min

  8. JUN 17

    Physician, Refer Thyself: How Stark Law and FCA Intersect

    Jonathan Porter welcomes Raul Ordonez, Vice President & Chief Compliance Officer at Jackson Health System, and Husch Blackwell senior counsel Megan Phillips to the podcast to explore the intersection of the False Claims Act with Stark Law, the body of federal law that regulates physician self-referrals in connection with Medicare patients and designated health services (DHS). Our discussion kicks off with a brief introduction to Stark Law, its origin, evolution, and current application to healthcare. Because Stark Law violations concern fraudulent claims submitted to a federally funded program, they often serve as a predicate to allegations of False Claims Act violations, greatly increasing the legal liabilities associated with the initial claim.

    39 min
See All (13)

Ratings & Reviews

5
out of 5
3 Ratings

About

False Claims Act Insights explores how the U.S. government uses the False Claims Act (FCA) to stamp out fraud and corruption in government contracts. Each episode, Jonathan Porter, a former Assistant U.S. Attorney and currently a partner with Husch Blackwell’s White Collar, Internal Investigations & Compliance team, chats with preeminent guests to provide listeners with an up-to-date understanding of the FCA, including trends in recent litigation and compliance efforts. The show also explores those elements of the FCA that make it a uniquely powerful tool for the government against private business, including the Act’s utilization of whistleblowers and its qui tam provisions, as well as evolving theories of FCA liability that expand the boundaries of what the Act covers, including cybersecurity and so-called reverse FCA claims.

Information

  • Creator
    Jonathan Porter
  • Years Active
    2K
  • Episodes
    13
  • Rating
    Clean
  • Copyright
    © 2024 Copyright Husch Blackwell
  • Show Website
    False Claims Act Insights

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