News & Events

Partner Jennifer Short Provides FCA Insights in Practising Law Institute Webinars

KaiserDillon partner Jennifer Short joined other recent alumni from the Department of Justice to share a behind-the-scenes peek at how the government assesses, investigates, litigates, and resolves False Claims Act cases.  The spirited and informal conversation has been captured in a three-part program entitled “Discussing DOJ Civil Enforcement and False Claims Act Strategies,” now available for on-demand viewing through the Practising Law Institute (PLI).

The program is divided into three sessions: Initiation through Intervention; Intervention through Trial, and Settlement and Damages.  Ms. Short and the other speakers approach each topic with the goal of helping companies, whistleblowers, and their counsel understand the policies, procedures, and practical considerations that inform how the government investigates and pursues False Claims Act allegations.  For example:

  • What does it mean when a qui tam action has been delegated to the local U.S. Attorney’s Office?
  • What question does every defense counsel ask during an investigation – even though they know the answer?
  • Why does it seem as though every government decision requires “authority,” and what does that mean?
  • How is the litigation risk analysis different in a False Claims Act case compared to civil litigation between private parties?
  • Can companies anticipate trends in False Claims Act whistleblower cases?
  • Why does DOJ insist upon “standard” clauses in its FCA settlement agreements, even when those clauses don’t apply to the claims in dispute or the defendant’s business?
  • Is DOJ’s latest policy on dismissing qui tam actions actually good for whistleblowers?

As Ms. Short explains, “This group wanted to share some observations and insights from our time working at the Department of Justice that we wished relators, defendants, and their counsel knew or understood when dealing with an FCA investigation. We focused on providing practical tips in a casual, conversational setting – as if we were sharing tips and thoughts with colleagues over a cup of coffee.”

Direct links to the three-part series are below:

Discussing DOJ Civil Enforcement and False Claims Act Strategy – Initiation through Intervention

Discussing DOJ Civil Enforcement and False Claims Act Strategy – Intervention through Trial

Discussing DOJ Civil Enforcement and False Claims Act Strategy – Settlement and Damages