Litigation & Enforcement Attorneys to Present at Federal Bar Association Qui Tam Section Conference

On February 20, Doug Hallward-Driemeier, Amy Kossak, and Diana Cieslak will speak at the Federal Bar Association Qui Tam Section Conference: The False Claims Act (FCA) In an Era of Uncertainty, in Washington, D.C. The annual conference brings together leading practitioners, government officials, and academics to examine critical developments in FCA enforcement and litigation.

Doug Hallward-Driemeier, leader of the firm's appellate and Supreme Court practice, will speak on a panel addressing constitutional challenges to the FCA's qui tam framework. The panel will discuss how courts have responded to those challenges, what additional developments to expect, and the practical ramifications for FCA enforcement.

Amy Kossak, partner in the firm's litigation & enforcement and Chambers Band 1-ranked FCA practices, will speak on a panel focused on establishing damages in false certification cases. The panel will explain how courts calculate such damages, from classic "but for" analysis to more nuanced approaches, and will use a real-world example to demonstrate how arguments around false certification damages might play out in settlement discussions and litigation.

Diana Cieslak, counsel in the litigation & enforcement and Chambers Band 1-ranked FCA practices, will moderate a panel examining when Anti-Kickback Statute (AKS) violations trigger FCA liability. This session will examine the ongoing causation debate in FCA/AKS cases, how the Department of Justice and relators may be pivoting to false certification arguments in light of that debate, and the practical considerations for parties litigating cases involving AKS theories of liability.