The Fine Art of Settling an FCA Case
An FBA Qui Tam Section Zoom Roundtable
July 21, 2020
Settlement is a common outcome for cases filed under the False Claims Act, especially where the government decides to intervene — and many of these settlements share standard elements. Still, the *negotiation* of settlements remains a fine art that varies widely depending on the players involved, the stage of investigation, and the institutional interests at stake.
This Zoom Roundtable will offer an insider's look at the settlement process, with frank assessments of what is *truly* negotiable — and where savvy counsel should focus their efforts. We'll talk about typical DOJ practices, who has leverage at each stage, and special considerations such as regulatory consequences, the power of interested government agencies, and the settlement of non-intervened cases.
This event is organized by the Qui Tam Section of the Federal Bar Association.
R. Scott Oswald
Managing Principal, The Employment Law Group, P.C.
Chair, FBA Qui Tam Section
Partner, Harter Secrest & Emery LLP
Board Member, FBA Qui Tam Section
Sean C. Cenawood (defense perspective)
David A. Koenigsberg (relator perspective)
Partner, Menz Bonner Komar & Koenigsberg LLP
Holly H. Snow
Senior Trial Counsel, U.S. Department of Justice, Civil Division