Wednesday, December 16, 2009
1:00-2:00 pm Eastern (12:00-1:00 pm Central; 11:00 am-12:00 pm Mountain; 10:00-11:00 am Pacific; 9:00-10:00 am Alaska; 8:00-9:00 am Hawaii)
Co-sponsored by the Business Law and Governance (BL&G), Fraud and Abuse (Fraud), and In-House Counsel (In-House) Practice Groups
Description
The interplay of traditional white collar defense issues with healthcare governance has ratcheted up. Thefederal deficit, healthcare reform, the"stim,"and an amplified federal focus on fraud and abuse only increases the pressure. Positioning one's organization to present its best face should the government ever come knocking, raises complex and subtle issues. A roundtable of experienced healthcare defense attorneys and prosecutors (past and present), will debate:
- Balancing the company's need for facts during an internal investigation and possible disclosures downstream to the government with an employee's potential exposure and need for separate counsel;
- Coping with the burdens and practicalities of document freezes and document control in the digital era, including the thorny issue of backup tapes, given the government's usual subpoena practices;
- "Conference room" advocacy with the government increasingly substituting for trials;
- Increasing prosecutions of individuals and "strict liability" prosecutions of corporate managers in the pharma/medical device context; and
- The judicial debate over the honest and faithful services fraud theory of prosecution.
Presenters
- John N. Joseph, Esquire
Partner
Post & Schell PC, Philadelphia, PA
- John J. Pease, Esquire
Assistant U.S. Attorney and Chief - Health Care Fraud
US Attorney's Office, Eastern District of Pennsylvania, Philadelphia, PA
- Robert L. Ullmann, Esquire
Partner
Nutter McClennen & Fish LLP, Boston, MA
Moderator
Continuing Legal Education (CLE)
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