Materiality, Scienter, and Falsity: Clarity or More Confusion?
Federal courts issued a number of important FCA related decisions over the past year. There also have been policy changes concerning agency guidance (the Brand and Garland memos), as well as a new enforcement cadence under the Biden administration, with modifications to DOJ’s policy manuals. And Senator Grassley has proposed legislative amendments to the FCA. Each of these could impact how you assess and prepare your cases. In this extended session, points of discussion will include:
- Legal developments based on recent and important federal court decisions concerning materiality, scienter, and falsity
- Strategizing venue selection and pleadings in light of widening Circuit splits on dismissal authority and changing government policies
- Extrapolating the impact of policy changes and federal court decisions on litigation strategy
