National Forum on Fraud and Abuse in the Sale and Marketing of Drugs

American Conference Institute

Event Info

  • Date:

    3.27.2012

  • Time:

    1:30 pm - 2:30 pm CST

  • Location:

    New York, NY

Topics

  • Analyzing the Broadened Use of the False Claims Act (FCA) and Its Implications for Pharma
    (Hope S. Foster, Speaker )

Hope Foster will be on a panel to discuss, "Analyzing the Broadened Use of the False Claims Act (FCA) and Its Implications for Pharma," at the American Conference Institute's 12th National Forum on Fraud and Abuse in the Sale and Marketing of Drugs. The panel will discuss the following topics:

- Responding to the expansion of the False Claim Act’s uses by prosecutors
    - The impact of healthcare reform
    - The continued use of the FCA in mislabeling cases

- The new utilization of FCA prosecution when foreign facilities fail to follow GMP standards
    - Case study: the failure of a GSK facility in Puerto Rico to comply with GMP

- Crafting and implementing an effective whistleblower policy
    - Determining whistleblower identity
    - Proceeding when the whistleblower remains anonymous
    - Evaluating whistleblower credibility in individual cases
    - Complying with federal and state law in creating a whistleblower policy

- Evaluating the reputation risk inherent in cases brought under the FCA

- The impact of the 60 day clawback provision in the FCA

- Scrutinize the Court of Appeals for the 1st Circuit’s decision in Hutchison v. Blackstone
   - Detailing the new analytical framework utilized by the Court
   - Contrasting the Court’s reasoning with those of other circuits
   - What does this mean for FCA prosecutions?

Panelists
Hope Foster, Member, Mintz Levin
Lynn Scaduto, Assistant U.S. Attorney, U.S. Attorney’s Office, Central District of California
William Escobar, Partner, Kelley Drye & Warren LLP
Sarah Kelly, Partner, Nutter, McLennen, & Fish, L.L.P.

Event Details
 Analyzing the Broadened Use of the False Claims Act (FCA) and Its Implications for Pharma