Thomas M. Greene to Chair “Recent Developments in False Claims Act Litigation” Program at Suffolk University Law School

On March 24 and 31, Greene LLP attorney Thomas M. Greene will chair a CLE Program held by Suffolk University Law School’s Advanced Legal Studies. The program will feature panelists from all sides of False Claims Act litigation, including counsel for relators, members of the defense bar and attorneys from the United States Attorney’s Office and the Massachusetts Office of the Attorney General. The program is co-sponsored by the Macaronis Institute for Trial & Appellate Advocacy and the Federal Bar Association.

The Fraud Enforcement and Recovery Act of 2009 (FERA) and health care legislation in 2010 (primarily the Patient Protection and Affordable Care Act, PPACA) have amended the False Claims Act in significant ways. The District of Massachusetts is a national leader in False Claims litigation, primarily in the health care and pharmaceutical industries, and so Boston is an ideal place to convene a program to discuss the impact of recent legislative changes. A .pdf file of the program brochure is accessible here.

The Recent Developments program will feature four panels, two on each of the program dates. The first day of the program on March 24 will kick off with opening remarks by Mr. Greene, in which he will discuss some basic aspects of False Claims Act litigation and examine statistics recently released by the Department of Justice and the Office of the Inspector General of the Department of Health and Human Services. An advance copy of Mr. Greene’s Introduction chapter to the written materials may be accessed here, and may be of particular interest as a refresher on the False Claims Act.

The first panel on March 24 will present some preliminary aspects of recent legislative changes and emerging trends in the pleadings phase of False Claims Act litigation. The members of the panel will be Kirsten V. Mayer of Ropes & Gray, Gregg Shapiro of the United States Attorney’s Office, and Michael Tabb of Greene LLP. Later on March 24, the second panel will examine the government’s role in False Claims Act litigation, with particular attention to the interplay between the federal government and Massachusetts, Civil Investigative Demands (CIDs), and the federal government’s general approach to intervention decisions. Joseph F. Savage, Jr. of Goodwin Procter, Rory Delaney, and Chris Walsh, Chief of the Medicaid Fraud Division of the Massachusetts Attorney General’s Office will join Mr. Shapiro on the second panel.

The second day of the program on March 31 will center first on emerging frontiers of False Claims Act litigation and then on causation, damages and settlement issues. Discussing the SEC’s whistleblower provisions, Medicare and Medicaid overpayments, corporate recidivism and expanded criminal enforcement will be Paul G. Levenson, Chief of the Economic Crimes Unit of the U.S. Attorney’s Office for the District of Massachusetts, Suzanne E. Durrell, Marty Murphy of Foley Hoag, and Susan Winkler, Chief of the Health Care Fraud Unit at the U.S. Attorney’s Office in Massachusetts. The members of the fourth panel on causation, damages and settlement issues will be Zachary A. Cunha of the U.S. Attorney’s Office, Brien T. O’Connor of Ropes & Gray, Robert Patten, Managing Attorney of the Medicaid Fraud Division in the Mass. Attorney General’s Office, and Ilyas J. Rona of Greene LLP.

Click here to register for the program.

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