Industry Update: The Impact of The Supreme Court’s Recent Ruling on False Claims Act Liability and Risk for Federal Grantees

June 15, 2023

Access the on-demand webinar here.

Join Feldesman Tucker Leifer Fidell LLP attorneys Mindy B. Pava and Rosie Dawn Griffin to discuss the impact of the Supreme Court’s recent decision in a consolidated False Claims Act matter — U.S. ex rel. Schutte v. SuperValu Inc. and U.S. ex rel. Proctor v. Safeway — on federal grantees navigating fraud and compliance risk on a day-to-day basis. Under the federal False Claims Act — and many state analog Acts — a defendant is liable for submitting a false claim to the government only if it acted “knowingly,” which the law defines to include actual knowledge, deliberate ignorance, or reckless disregard. At issue in the landmark SuperValu/Safeway litigation was the extent to which a defendant’s “subjective intent” is relevant to the statute’s knowledge standard. In issuing its decision on June 1, a unanimous Court instructed the lower court to analyze defendants’ subjective beliefs in determining False Claims Act liability, rejecting the Seventh Circuit’s conclusion that an “objectively reasonable” interpretation of an ambiguous law or policy can defeat liability.

In this Industry Update, Ms. Pava and Ms. Griffin will cover False Claims Act fundamentals, provide an overview of the case, and analyze the decision’s impact on federal grantees, with a focus on translating the Court’s legal language and hypotheticals to the day-to-day compliance challenges grantees face in navigating federally-funded environments.

We invite attendees to submit questions prior to and during the webinar; however, we will not have time to respond to all the questions submitted. 

Please note: This webinar is complimentary for Federal Grants Training Members and Premium Plan Subscribers. For more information on our Federal Grants Training Membership, click here or Contact Us.

Target Audience

  • CEOs, COOs, CMOs, CFOs
  • Health Center Medical Directors and Clinical Staff
  • Risk Managers/Compliance Officers
  • Grants Managers
  • In-House Legal Counsel

Learning Objectives

After this webinar, you will be better able to:

  • Translate the Supreme Court’s recent decision on the False Claims Act’s knowledge standard to the day-to-day compliance challenges inherent in a federally-funded environment
  • Understand the structure, purpose, and use of the False Claims Act, in particular the Act’s “scienter” or knowledge standard, which imposes liability not only for actual knowledge of fraud or falsity but also for deliberate ignorance and reckless disregard
  • Discuss potential future implications of the decision on grantees’ compliance strategies designed to prevent potential FCA liability
Course summary
Course opens: 
05/31/2023
Course expires: 
07/17/2024
Event starts: 
06/15/2023 - 3:00pm EDT
Event ends: 
06/15/2023 - 4:00pm EDT
Cost:
$175.00
Add to calendar: 

Rosie Dawn Griffin

Serving as Counsel in the Federal Grants, Health Law, Litigation, and Government Contracts practice groups, Rosie counsels and litigates on behalf of a diverse group of federal grant recipients, including Federally Qualified Health Centers and Head Start programs. Ms. Griffin also defends clients across a wide range of business sectors facing investigations and litigation under the False Claims Act and similar statutes. Ms. Griffin brings deep knowledge to this work, and a unique perspective, having worked for many years at an elite relator’s side firm representing whistleblowers in False Claims Act cases. Her years of False Claims Act experience allow her to guide clients through all phases of a government investigation, from responding to civil investigative demands and subpoenas through litigation. [Full Bio]

Mindy B. Pava

Mindy serves as Counsel in the firm’s Litigation & Government Investigations, Health Care and Education practice groups, where she focuses her practice on advising federal grantees (including health centers) as they navigate all facets of administrative and judicial review. A seasoned litigator, she also represents organizations in health care and other industries in responding to civil investigative demands and federal subpoenas. [Full Bio]

Participants can earn up to 1.20 CPE credits in Specialized Knowledge and Applications upon completion of all course requirements.

ATTENDEE REQUIREMENTS FOR CPE CREDIT

If you purchase CPE credit for this webinar you must satisfy the following conditions in order to receive your certificate:

  1. Answer at least 3 of the 5 polling questions during the webinar
  2. Complete the evaluation survey after the conclusion of the webinar or in the follow-up email

Upon completion of these requirements, FTLF will email you your CPE Certificate within two (2) weeks.

ADDITIONAL INFORMATION

  • Prerequisites: None 
  • Target Audience: CEOs, COOs, CMOs, CFOs, Health Center Medical Directors and Clinical Staff, Risk Managers/Compliance Managers, Grants Managers, In-House Legal Counsel
  • Advanced Preparation: None  
  • Program Level: All
  • Delivery Method: Group Internet Based
  • Attendance Requirements: In order to be awarded the full credits, you must respond to three (3) out of five (5) polling questions.

Feldesman Tucker Leifer Fidell LLP is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website www.nasbaregistry.org (formerly www.learningmarket.org).

Price

Cost:
$175.00
Please login or register to take this course.

Access to the recorded version of this webinar is included in your purchase.

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