Advances in False Claims Act and Whistleblower Practice | ABA White Collar Crime 2024
Event | 03.06.24, 2:45 PM PST - 4:00 PM PST | CLE Offered
Address
San Francisco, CA 94103
Preston L. Pugh will serve as a moderator alongside Margaret J. Finnerty, Michael Granston of the United States Department of Justice, Giselle J. Joffre of Arnold & Portner and Ronald C. Machen (Wilmer Hale).
Preston will lead the panel in a discussion over the important changes 2023 brought to the False Claims Act landscape, with the Supreme Court’s decisions in United States ex rel. Schutte v. SuperValu and United States ex rel. Polansky v. Executive Health Resources. Panelists will discuss these cases, their interpretation by lower courts and their significance for the FCA practice and explore whether SuperValu created a new “reckless disregard” test, the degree of particularity required to satisfy F.R. Civ. P. 9(b), and whether proof of “but-for” causation is required in hybrid False Claims Act/Anti-Kickback Statute cases.
For more information, please visit these areas: White Collar and Regulatory Enforcement
Participants
Insights
Event | 02.20.25
Has the Buss Stopped? Recoupment Today
Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.
Event | 12.05.24
Event | 12.03.24
