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Event Details

Blowing the Whistle on Fraud

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Date:
Monday, December 09, 2013
Time:
9:00 AM - 4:45 PM Eastern Standard Time

Blowing the Whistle on Fraud:
Litigating Federal and New York False Claims Act and
SEC Whistleblower Cases

Monday, December 9, 2013, 9:00 a.m. – 4:45 p.m.
Concierge Conference Center
780 Third Avenue
New York, NY

7 MCLE Credits: 6 Professional Practice; 1 Ethics

Co-Sponsors:
Commercial and Federal Litigation Section
Committee on Civil Prosecution
Committee on Continuing Legal Education

Program Co-Chairs:
Hon. Margaret J. Finerty, Partner | Getnick & Getnick LLP|
Neil V. Getnick, Partner, Getnick & Getnick LLP
Richard J. Dircks, Partner, Getnick & Getnick LLP
Carolyn G. Nussbaum, Partner, Nixon Peabody LLP
David H. Tennant, Partner, Nixon Peabody LLP

Can’t Attend In Person?  A Webcast Option is Available 

Note: This program is accredited for all attorneys.

Program Description

In recent years, the private citizen whistleblower has come to play an increasingly important role in anti-fraud public law enforcement. The Federal False Claims Act, the New York False Claims Act, and the SEC Whistleblower Program have empowered and incentivized citizens to come forward and blow the whistle on corporate fraud. With its focus on these three areas of whistleblower enforcement, an experienced faculty will provide practical guidance in its exploration of the interplay between whistleblower laws, the agencies that administer or utilize them, and the resulting synergies of public and private sector resources.

Attorneys of all experience levels will benefit from this program.

Agenda

8:30 – 9:00 a.m.         Registration (Continental Breakfast)

9:00 – 9:05 a.m.         Introduction

9:05 – 10:20 a.m.       Federal False Claims  

  • Statutory framework
  • Drafting a False Claims Act Complaint
  • Perspectives of a Whistleblower Counsel
    • Public/Private Partnerships
    • Deciding when to bring a case
  • How does the Government make intervention decisions
  • Defending a False Claims Act Case
    • What to do when your client thinks it has a whistleblower
    • How to defend against whistleblower suits
    • How to avoid whistleblower suits
  • Negotiating settlements
  • Interactions between the Government, Relator’s Counsel and Defense Counsel

10:20 – 10:35 p.m.     Morning Refreshment Break

10:35 – 12:00 p.m.     New York False Claims Act  

  • History of the Statute
  • Statutory framework
  • Drafting a False Claims Act Complaint
  • Medicaid Fraud Control Unit
  • Taxpayer Protection Bureau
    • Tax provisions of the New York State False Claims Act
    • Role of the New York State Department of Taxation and Finance
  • Perspectives of Whistleblower Counsel
  • Public/Private Partnerships
  • Deciding when to bring a case
  • Whistleblower Client considerations
  • Defending a False Claims Act Case
    • What to do when your client thinks it has a whistleblower
    • Interacting with the Government
    • Interacting with plaintiff’s counsel
    • Negotiating settlements
    • How to avoid whistleblower suits

12:00 – 1:00 p.m.       SEC Whistleblower Program

  • History and Overview of Program and its Origins
  • Comments on the Fiscal Year 2012 Annual Report
  • How you evaluate and prepare a case
  • Day to day operation and practical aspects of the program
  • How is an SEC whistleblower different from a False Claims Act whistleblower
  • Suggestions for filing a case -  what does the SEC look for
  • Awards to date and confidentiality of the whistleblower’s identity
  • Describe common mistakes that organizations make and how to avoid them
  • Retaliation provisions in the law, how to prevent lawsuits and claims
  • Whistleblower protections under the law
  • Self-reporting by corporations - how do you advise your client?
  • Changing the way companies deal with whistleblowers

1:00 – 2:00 p.m.         Lunch (on your own)

2:00 - 3:15 p.m.          Multi - Jurisdictional Cases

  • New areas of application for the New York False Claims Act
  • Cooperation and collaboration between the different government agencies in pursuing cases involving fraud against the government
  • How to file a case where multiple government offices and statutes are involved
  • How to defend a case where multiple government offices and statutes are involved

3:15 – 3:30 p.m.         Afternoon Refreshment Break

3:30 – 4:30 p.m.         Ethical Considerations

  • Gathering information and evidence
  • Self-Reporting - how do you advise your client
  • Deciding if there is sufficient evidence to file a case
  • Negotiating settlements
  • Discuss common mistakes that organizations make and how to avoid them
    • How to effectively encourage employees to report wrongdoing
  • How do you counsel your client when the government is investigating them and the client believes it has a whistleblower?
    • Retaliation provisions in the law, how to prevent lawsuits
  • Whistleblower protections
  • Has the SEC whistleblower law given rise to new issues with which companies must now grapple?
    • Internal and external reporting
    • Codes of Conduct
    • Retaliation issues
  • How do you advise your corporate client so that it can avoid whistleblower actions?

4:25 – 4:45 p.m.        Question and Answer Session

4:45 p.m.                    Adjournment

Faculty:    

Pierre Armand, Co-Chief, Civil Frauds Unit, United States Attorney’s Office for the Southern District of New York
Benton J. Campbell, Partner, Latham & Watkins LLP
Richard J. Dircks, Partner, Getnick & Getnick LLP
Margaret J. Finerty, Partner, Getnick & Getnick LLP
Randall M. Fox, Bureau Chief, Taxpayer Protection Bureau, Office of the New York Attorney General
Neil V. Getnick, Managing Partner, Getnick & Getnick LLP
Antonia F. Giuliana, Partner, Kelley Drye & Warren LLP
Richard K. Hayes, Deputy Chief, Civil Division and Chief, Affirmative Civil Enforcement, United States Attorney’s Office for the Eastern District of New York
David A. Koenigsberg,Partner, Menz Bonner Komar & Koenigsberg LLP
Gregory Krakower,Senior Advisor & Counselor to the Attorney General, Office of the New York Attorney General
Katie M. Lachter, Associate, Hinshaw & Culbertson LLP
Rebecca Martin, Co-Chief, Civil Frauds Unit, United States Attorney’s Office for the Southern District of New York
Carolyn G. Nussbaum, Partner,Nixon Peabody LLP
Michael J. Osnato, Jr., Assistant Regional Director, Securities and Exchange Commission, New York City
Lori L. Pines, Partner, Weil, Gotshal & Manges LLP
Walter G. Ricciardi, Partner, Paul Weiss
Lesley Ann Skillen, Partner,Getnick & Getnick LLP
Marie D. Spencer, Special Assistant Attorney General, New York Medicaid Fraud Control Unit
Scott Spiegelman, Deputy Bureau Chief, Taxpayer Protection Bureau, Office of the New York Attorney General
Jordan A. Thomas, Partner, Labaton Sucharow LLP

Registration: 8:30 a.m. Program: 9:00 a.m. - 4:45 p.m.
THIS PROGRAM IS APPROVED FOR NEW YORK MCLE FOR ALL ATTORNEYS. IMPORTANT NOTICE--PARTIAL CREDIT FOR PROGRAM SEGMENTS NOT ALLOWED: Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot get MCLE credit for a program segment (typically, a lecture or panel, of which there are usually several in a program) unless they are present for the entire segment. Those who arrive late, depart early, or are absent for any portion of the segment WILL NOT receive credit for that program segment.
Address:
Concierge Conference Center
780 Third Avenue
New York, NY 10017
Online Registration has closed, to register please contact the State Bar Service Center at 1-800-582-2452


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