Conferences and Speeches

Partners Eric W. Sitarchuk and Jaclyn Unis Whittaker will participate on panels at the American Conference Institute’s (ACI’s) 10th Annual Advanced Forum on False Claims and Qui Tam Enforcement. A faculty of government speakers and leading defense, in-house, and relator’s counsel will gather to address the critical and emerging issues of the US Department of Justice’s (DOJ’s) latest actions relating to False Claims Act (FCA) actions.

2023 Judicial Round-up: Recent Critical Developments in the Courts Impacting False Claims Act and Qui Tam Litigation: Part 2: The Federal Courts Divided: Emerging Battles Over “Objective Reasonableness,” Materiality and Causation
Eric Sitarchuk | Monday, January 23, 2023 | 10:45 am ET

Topics will include:

Scienter and Materiality

• Examining the latest circuit court decisions regarding the scienter standard, in particular the question of “objective reasonableness”
• Identifying what is required for the purposes of pleading the objective reasonableness defense given the current inconsistency in case law
• How are courts defining “authoritative guidance” in cases where it is alleged the defendant was warned against their incorrect interpretation?
  • Exploring developing case law on the materiality element post-Escobar and the implications for practitioners

Standard of Causation in FCA/AKS Cases

• Analyzing the implications of the recent Eighth Circuit decision in United States ex rel. Cairns v. D.S. Medical LLC (July 26,...

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