On June 4 and 5, 2024, the American Bar Association will host a virtual conference on the Civil False Claims Act. Partners Julie Bracker and Jason Marcus have each been asked to serve as faculty on two important topics.

The Civil False Claims Act conference will bring together government attorneys, defense counsel, and the relator’s bar to discuss False Claims Act litigation trends and developments. The conference is designed for those new to the FCA and those practicing for decades.

Topics covered include applying the most recent Supreme Court precedents, mediation, litigation, and trial strategy. Healthcare fraud, cyber-fraud, and pandemic relief will be explored. There will also be a Qui Tam 101 panel for new practitioners.

Julie’s panel at the ABA False Claims Act conference

Julie will be moderating a panel called “The Civil Cyber Fraud Initiative: Practitioners in This High Priority Area Discuss Their Bird’s Eye View of What’s Happening.” This is a hot topic because, since the announcement of the Civil Cyber Fraud Initiative in October 2021, the False Claims Act is increasingly being used to enforce cybersecurity requirements for government contractors, especially the Defense Industrial Base.

This panel will discuss the goals of DOJ’s Civil Cyber-Fraud Initiative, public litigations and settlements to date, theories of liability and damages, the role of qui tam relators, and DOJ incentives for corporate disclosure, remediation, and cooperation.

Julie will be joined by Kim Friday, Trial Attorney for the Civil Division of the Commercial Litigation Branch (Fraud Section) for the Department of Justice; defense attorney Peter Hutt, Jr. of Covington & Burling LLP; and Colleen Kennedy, Deputy Civil Chief for the United States Attorney’s Office for the Eastern District of California.

Julie has established a national reputation in the cyber-fraud arena as lead counsel on the two unsealed cyberfraud cases, U.S. ex rel. Decker v. Penn State, pending in the Eastern District of Pennsylvania, and US ex rel. Craig & Koza v. Georgia Tech et al., pending in the Northern District of Georgia. In addition, the firm has a robust inventory of cyber fraud cases that remain under seal. We believe strongly that poor cybersecurity by government contractors, especially in the defense industrial base, presents serious threats to national security. We are excited to be doing this important work.

Jason’s panel at the ABA False Claims Act conference

Jason will also be speaking on a panel entitled “Pandemic Fraud: Will Pandemic-Related FCA Litigation Outlast the Pandemic?” that is being billed as a panel on which “experienced practitioners will teach the audience what counsel has learned from four years of Covid fraud prosecution and viable defenses.”

Other panelists include Colin Huntley, Deputy Director for the Civil Division of the Commercial Litigation Branch of the Fraud Section for the Department of Justice; defense counsel Jason Mehta of Foley & Lardner; and moderator Adam Katz, Assistant United States Attorney for the Northern District of New York.

We’re honored to speak at the 2024 American Bar Association conference

Bracker & Marcus has been at the forefront of PPP fraud cases, including successfully bringing cases against a marijuana business and affiliated companies, resulting in almost $10 million recoveries. We also recently settled a case of COVID testing fraud for more than $14 million. Jason was lead counsel on these matters and will discuss what he learned from these wins—and his losses—with PPP fraud cases, which has quickly become one of the firm’s busiest practice areas.

All are invited to attend. CLE credit is offered for lawyers. Contact us for our “friends and family” discount code if interested!