Materiality, Differences in Opinion, and Statistical Sampling: Legal Developments in False Claims Act Litigation

False Claims Act litigation has in recent years been and will continue to be the primary civil enforcement tool used by the Department of Justice to fight fraud on the government and recover significant damages and penalties. Statistical sampling and extrapolation have broadened the scope of claims and potential damages, giving the DOJ enormous leverage in pressuring defendants to settle cases. Recent cases are impacting the analysis of and strategies for FCA cases, including the issues of materiality of the alleged violations supporting falsity and mere differences of expert opinions, as well as statistical analysis and proof. This panel brings significant experience and expertise in the area of FCA litigation.

Speakers:

Jack W. Selden, Moderator
Christoper (Chris) Grippa
Kathleen (Katie) MecDermott
Bill Nettles
Christopher (Chris) T. Rohn