government contractor false claims forum -...

presents Earn CPE and CLE credits

T H E U N I V E R S I T Y C L U B O F WA S H I N G TO N , D C

David Hoffman, Deputy General CounselDCAAGerard Mene, Assistant US Attorney, ACE CoordinatorU.S. ATTORNEY’S OFFICE, EASTERN DISTRICT OF VIRGINIAGregg Shapiro, Assistant United States AttorneyDISTRICT OF MASSACHUSETTSKay Lindbeck, Director, Contract Integrity CenterDCMA Richard Hayes, Deputy Chief, Civil Division U.S. ATTORNEY’S OFFICE, EASTERN DISTRICT OF NEW YORK Margaret Hutchinson, Civil Chief U.S. ATTORNEY’S OFFICE, EASTERN DISTRICT OF PENNSYLVANIA

HEAR FROM SENIOR GOVERMENT OFFICIALS

Government Contractor False Claims Forum

The Government Contractor’s Forum on Vetting and Managing

Third Parties

Mitigating the Increasing Risk of False Claims Suits

Best Practices for Assessing, Selecting, and Overseeing Subcontractors and Other Third Party Relationships

• How the Recent Supreme Court Rulings Effect False Claims Suits• Identifying how Plaintiffs Select High Value Cases• Advanced Discovery and Pre-trial Strategies for Defending False Claims Suits• The Government’s Role in Declined Cases

• Establish a framework for third-party oversight and governance that allows for continuous monitoring• Listen to real-world examples from other government contractors• Discuss various methods for performing due diligence on existing, new, and international business partners

• Ensure that your due diligence process will meet government expectations• Expand your network of government contractor compliance contacts

GET UPDATED ON THE LATEST DEVELOPMENTS IN FALSE CLAIMS INCLUDING:

Prime contractors can be held liable for fraud committed by their third parties. Subcontractors, vendors, advisors, and other partners are critical to help fulfill a contract; however these business relationships increase your exposure to risk.

NOVEMBER 14-15, 2016


T O R E G I S T E R : C A L L 8 6 6 - 6 7 6 - 7 6 8 9 O R V I S I T U S A T W W W . F R A L L C . C O M

Two unique conferences designed exclusively for government contractors!


November 14-15, 2016The University Club of DC

“The Justice Department recovered over $3.5 Billion from False Claims

Act cases in 2015.”In 2016, qui tam and whistleblower rewards continue to grow. Stay current with Supreme Court FCA rulings and the Department of Justice plans to drastically increase civil penalties. Join FRA’s inaugural Government Contractor False Claims Forum for the expert guidance needed to navigate the FCA’s ever-changing legal landscape.

Hear from in-house counsel from:• Lockheed Martin• ASRC Federal• Estes Forwarding Worldwide• Huntington Ingalls Industries, Inc.

Along with perspectives from:• DCAA• DCMA• U.S. Attorney’s Office• DOJ


Third Parties

November 17-18, 2016The University Club of DC

How much due diligence are you really expected to perform on a third party?

Taking a look at new and existing relationships for risk and possible exposures must be a major part of your compliance and business practices. Lend your voice to the Government Contractor’s Forum on Vetting and Managing Third Parties and spend two days sharing ideas and solutions with colleagues from across the globe.

• Two days of interactive sessions with real takeaways from contractors and industry thought leaders• A unique conference experience focused on third party selection and oversight• Learn how to manage international partners, develop governance models for subcontractor compliance, and evaluate relationships for risk

In order to secure a group discount, all delegates must place their registrations at the same time. Group discounts cannot be issued retroactively. For more information, please contact Rhonda West at 704-341-2647 or [email protected].

REFUNDS AND CANCELLATIONSFor information regarding refund, complaint and/or program cancellation policies, please visit our website: www.frallc.com/thefineprint.aspx

TEAM DISCOUNTS

• Three people will receive 10% off• Four people will receive 15% off• Five people or more

will receive 20% off

The Government Contractor’s Forum on Vetting and Managing Third Parties is designed for, but not limited to, government contractors with the following responsibilities:• C-Level - Compliance Officer - Risk Officer - Operations Officer - Legal Affairs Officer• Government Contracts Counsel• Litigation and Compliance Counsel• Government Accounting• Internal Audit• Government Compliance• In-House Counsel• Head of Due Diligence• Vendor Relations• Outside Counsel specializing in: - Government Compliance• Accountants• Advisors• Third-Party Risk Managers

Government Contractor False Claims Forum is designed for government contractors and their counsel as well as outside counsel.• General Counsel• Chief Legal Counsel• Assistant General Counsel• In-House Counsel• Litigators• Compliance Officers• Litigation Consultants

And outside counsel specializing in:• False Claims Act• Fraud• Litigation• Corporate Compliance• White Collar Crime• Investigations• Government Contracts• Healthcare• Financial Services

Register today! Call 800-280-8440 or online at www.frallc.com. THE CONFERENCE ORGANIZER

Financial Research Associates provides the financial community with access to business information and networking opportunities. Offering highly targeted conferences, FRA is a preferred resource for executives and managers seeking cutting-edge information on the next wave of business opportunities. Please visit www.frallc.com for more infor-mation on upcoming events.

Government Contractor False Claims ForumMitigating the Increasing Risk of False Claims Suits

DAY ONE: NOVEMBER 14, 20168:00 – 8:45 REGISTRATION & CONTINENTAL BREAKFAST

8:45 – 9:00 CHAIRPERSON’S OPENING REMARKS

9:00 – 9:45 Government Keynote: Defense Contractor False ClaimsInvestigating the government’s false claims investigation and litigation processes. Identifying the factors that influence that initiate the process. What are the red flags the government looks for and how can they be avoided?

David Hoffman, Deputy General CounselDCAA

Kay Lindbeck, Director, Contract Integrity CenterDCMA

9:45 – 10:30 Contractor Panel: Strategies for Fighting Back Against Cases without Merit• When to file a counter claim• Fee shifting and sanctions• How and when to update policies and employment agreements• Demonstrating compliance system controls• Understanding the false claim baseline

James W. Thomas, Partner, Government Contracts SpecialistPWC

10:30 – 10:45 NETWORKING BREAK

10:45 – 11:30 How the Recent Supreme Court Rulings Effect False Claims Suits• Implied Certification and the Supreme Court’s Decision in Universal Health Services v. US ex rel. Escobar • What happens when the FCA seal is violated? State Farm Fire and Casualty US ex rel Rigsby• The use of statistical sampling to calculate damages in FCA cases – US ex rel Michaels v. Agape Senior Community Inc.• Do the Recent Increases in FCA Penalties Violate the “Excessive Fines” Clause of the Constitution?• Other noteworthy FCA cases

Gregg Shapiro, Assistant United States AttorneyDISTRICT OF MASSACHUSETTS

David M. Nadler, Partner and Government Contracts Practice Group LeaderBLANK ROME

11:30 – 12:15 Identifying how Plaintiffs Select High Value Cases• The life-cycle of a case• How cases are evaluated and investigated• How the decision on where to file a case is made• Factors to consider when the relator is an employee

Marc Raspanti, PartnerPIETRAGALLO GORDON ALFANO BOSICK & RASPANTI

Colette Matzzie, PartnerPHILLIPS & COHEN

12:15 – 1:15 LUNCHEON FOR ALL ATTENDEES

1:15 – 2:00 Advanced Discovery and Pre-trial Strategies for Defending False Claims Suits• Pre-trial expert discovery and pre-trial motions • Ensuring effective expert advocacy • The best techniques for dealing with relators at trial • Driving positive settlements through trial preparation

Douglas W. Baruch, PartnerFRIED FRANK

Frederick M. Levy, PartnerCOVINGTON

2:00 – 2:45 Top Risk Areas for Potential False Claims• Parallel criminal investigations• Weakening of Rule 9(b), public disclosure rule, and first-to-file bar• Increased use of the fraudulent inducement theory

Maryann Surrick, Associate General CounselLOCKHEED MARTIN

Cliff Greenblatt, General Counsel and Chief Compliance OfficerASRC FEDERAL

Mark Nackman, PartnerJENNER & BLOCK

Michael J. Bronson, PartnerDINSMORE & SHOHL

2:45 – 3:00 NETWORKING BREAK 3:00 – 4:00 The Latest Insights on the Calculation of Damages and Penalties• Recent damages calculations • Selecting the optimal expert witness• Daubert challenges• Suspension and Debarment

4:00 – 5:00 Ethical Considerations for Whistleblower Cases• Ethical concerns for contractors and defense counsel• Additional factors when a whistleblower is an employee• Theft of confidential company documents by an employee and how to respond• How to update employment agreements and policies

Renee Phillips, PartnerORRICK, HERRINGTON & SUTCLIFFE

5:00 – 6:00 COCKTAIL RECEPTION

“There were some great processes and tips that I will be using immediately.”

"Comprehensive and had lots of good suggestions."

"Very good topics. Very timely. Seemed to be of practical benefit to the audience."

"An excellent conference. High level content and networking."

"All speakers were highly knowledgeable and explained the issues succinctly and clearly."

"I was engaged and learned something from almost all of the speakers."

Government Contractor False Claims ForumMitigating the Increasing Risk of False Claims Suits

8:00 – 8:45 CONTINENTAL BREAKFAST 8:45 – 9:00 CHAIRPERSON’S RE-CAP OF DAY ONE

9:00 – 9:45 Contractor Panel: Best Practices for Efficiently Conducting Internal Investigations • Who best to conduct post-filing investigations• The sharing of information between the government and relator’s counsel• Strategies to attain a declination• Managing privilege concerns in an investigationCheryl Barnes, Vice President, Legal Affairs and General CounselESTES FORWARDING WORLDWIDEJames B. Perrine, Senior CounselHUNTINGTON INGALLS INDUSTRIES, INC.

9:45 – 10:30 Compliance and New York’s Aggressive False Claims Act and Whistleblower Laws• Top priorities • Tax state claims • Recent state claims and their implications• Interplay of NY State FCA and Federal FCA in Qui Tam actionsRichard Hayes, Deputy Chief, Civil DivisionU.S. ATTORNEY’S OFFICE, EASTERN DISTRICT OF NEW YORKGreg Krakower, Partner GETNICK & GETNICKFormerly: Senior Advisor & Counselor to the Attorney GeneralNEW YORK STATE OFFICE OF THE ATTORNEY GENERAL


10:45 – 11:30 The Government’s Role in Declined Cases• What influences intervention?• Joint prosecution privilege • The steady increase in litigation of declined cases • Obtaining discovery from government agencies• Statements of interest from the government• Potential for intervention at a later dateMargaret Hutchinson, Civil ChiefU.S. ATTORNEY’S OFFICE, EASTERN DISTRICT OF PENNSYLVANIARandall Fox, PartnerKIRBY MCINERNEYFormer Bureau Chief NEW YORK ATTORNEY GENERAL’S TAXPAYER PROTECTION BUREAU

11:30 – 12:00 Initiatives to Modify the False Claims Act• Inflation adjusted penalty increases• FHA proposed loan documents and loan certification approach• State false claims proposalsJonathan G. Cedarbaum, PartnerWILMER HALERoderick L. Thomas, PartnerWILEY REIN

DAY TWO: NOVEMBER 15, 2016

• Real-world lessons from companies that have settled cases

• Develop strategies for fighting back against cases without merit

• Discuss the impact of the Supreme Court’s recent Escobar ruling

• Learn how and why plaintiff attorneys select Qui Tam cases

• Hear best practices for conducting internal investigations

TOP REASONS TO ATTEND

12:00 – 12:30 Effective Strategies for Negotiating a Settlement• Methods for challenging the amount of damages• How to identify the ideal time to bring up a settlement • What is negotiable and what should not be discussed • Working with an outside monitor • Developing a different strategy for working with federal and state authoritiesGerard Mene, Assistant US Attorney, ACE CoordinatorU.S. ATTORNEY’S OFFICE, EASTERN DISTRICT OF VIRGINIA

12:30 CONFERENCE ADJOURNS

GET ANSWERS TO THESE QUESTIONS:

• What is the impact of increased FCA penalties?

• Which strategies can be employed to stay ahead of aggressive New York State false claims?

• How real is the threat of suspension or debarment?

• How should ethical factors be taken into consideration when a whistleblower is an employee?

• What is optional and what should not be discussed when negotiating a settlement?

“It primarily concentrates on fraud and data techniques. How investigations are done by different entities.”

LaShawn Brollo, DC-OIG

“A lot of medical focus on the first day, but widened the discussion on day two.”

Russell Rappel Schmid, USPS OIG

“Content, design, and delivery was excellent.”Vincent Mokwenye, JACKSONVILLE PORT AUTHORITY

“Topics were very relevant to my area. This was the first conference that I’m aware of that strictly related to 3rd party risk”

Paul Whitehorn, FEDEX

“Enjoyed the interactive sessions with audience question and answers.”Melissa Evans, ROYAL CARIBBEAN CRUISES

The Government Contractor’s Forum on Vetting and Managing Third Parties


DAY ONE: NOVEMBER 17, 2016

8:00 – 8:45 REGISTRATION & CONTINENTAL BREAKFAST

8:45 – 9:00 CHAIRPERSON’S OPENING REMARKS

9:00 – 9:45 Insight into Third Party Compliance Requirements for the Prime What Degree of Responsibility is Necessary?• Does information about subcontractors needs to be submitted during the bidding process? What about for other third parties?• Is the prime responsible for re-submitting information about the subcontractors and business partners that come on mid-contract?Jeniffer Roberts, PartnerDENTONS

9:45 – 10:30 Framework for the Proper Oversight of Third Parties Exploring Various Governance Models for Continuous Monitoring of Third Parties• Identifying and implementing an appropriate model of oversight on the front end• Best practices in monitoring your partnerships• Reporting requirements for third-parties: how their input informs your compliance program• Looking at different governance structures availableMark Burroughs, Managing DirectorDELOITTE


10:45 – 11:30 Selecting Your Subcontractors the Right Way Performing Due Diligence on New Third Parties before Signing the Contract• What you need from a background check• Meeting and interviewing senior management: which questions should you ask and what are you looking for?• Evaluating your third party’s business systems for possible exposures• Do you get to check the books?• Contract protections you can put in place for added certaintyInvited:Julian Rosenberg, Government ComplianceFLIR

11:30 – 12:15 Techniques to Monitor Your Existing Third Party Relationships Four Key Steps for Identifying and Categorizing Risk Exposures• Establishing risk profiles for third parties: what goes into the assessment?• Prioritizing risk: how to rank and code different exposures• Analyzing their workforce: Do they employ post-government federal employees? How much do you know about their executive management? Do they have a code of conduct?• Reputational risk: has your third party been in the news recently? Have they been involved with enforcement actions? How were violations resolved?Luis Ambroggio, Vice President of Contracts & ComplianceINTERNATIONAL SOS

12:15 – 1:15 LUNCHEON FOR ALL ATTENDEES

1:15 – 2:00 Staying Compliant with International Relationships Additional Considerations When Working with Partners Outside of the US • Specific challenges in Asia, Cuba, and Latin America• The impact of the Brexit on your international subcontractors• How to avoid potential FCPA problems• How to identify government relationships abroadBill Walters, PartnerDIXON HUGHES GOODMAN LLP

2:00 – 2:45 New Business Opportunities and Risks in Iran What do Easing Sanctions Mean for New and Existing Partnerships? • Which segments will this affect? How will this impact your subcontractors and third parties?• Why supply chain considerations need to be taken into place? How can you check for counterfeit or malware embedded parts?• ITAR requirements and other considerations for global partners


3:00 – 4:00 Contract Pricing, Accounting, and Billing New Pressures on Primes to take Responsibility for Third Party Compliance• How does the type of service change the documentation process?• Handling privileged and competitive subcontractor information—how to respond to confidentiality clauses• What if the subcontractor isn’t doing their job?• Can the prime compel the government to get intervene with the third party?Brent Calhoon, PartnerBAKER TILLY

4:00 – 5:00 Best Practices for Subcontractor Audits Evaluating Your Partner for Compliance and How to Resolve Red Flags Uncovered During the Audit• Scope and criteria for audits and investigations: what triggers an audit?• How should you be performing audits on third parties?• Which tracking tools are available for government contractors?• How do you close out a subcontractor? When should you walk away from a partner?Andrew T. Habina, Jr, Director of Internal Audit and ComplianceDRAPER LABORATORY

5:00 – 6:00 COCKTAIL RECEPTION

DAY TWO: NOVEMBER 18, 2016

8:00 – 8:45 CONTINENTAL BREAKFAST 8:45 – 9:00 CHAIRPERSON’S RECAP OF DAY ONE

9:00 – 9:45 How New Cyber-Security Guidelines Affect Your Compliance Monitoring Making Sure Your Subs are Meeting New IT Infrastructure Requirements• How can you ensure that third parties are doing all they can to keep you digitally protected?• What are the new expectations from the US government?• How responsible are you for your third party’s IT framework?Erin Sheppard, PartnerDENTONS

9:45 – 10:30 Role Reversal: The Interplay between Primes and Subcontractors Clarifying the Roles in an Ever Changing Landscape• Teaming issues for subs—how should both sides approach the partnership?• Establishing guidelines so that the prime doesn’t push you around• Special considerations for “set aside” contractsAmy Hernandez, PrincipalSTRATEGY FAR ADVISORS

Invited:Kay Pipin, Government Compliance DirectorMCCARTHY BUILDINGS


10:45 – 11:30 Protecting Your Organization from the Beginning What Needs to Be in Every Contract• Which mandatory contract provisions should you have in place?• Do you need a clause to sever the contract? What is your legal recourse if a third party violates the agreement?• Should your contract include a code of conduct and other expectations for third parties?• When do you terminate the contract?Gary Campbell, Of CounselPEPPER HAMILTON LLP

11:30 – 12:30 Creating a Culture of Compliance How to Avoid Potential Whistleblower Reports• Strengthening your internal compliance process• First steps if you are under investigation• When to hire outside representationSteven Shamlian, PresidentGOVERNMENT CONTRACT COMPLIANCE MANAGEMENT

12:30 CONFERENCE ADJOURNS



• Establish a framework for third-party oversight and governance that

allows for continuous monitoring

• Listen to real-world examples from other government contractors

• Discuss various methods for performing due diligence on existing,

new, and international business partners

• Ensure that your due diligence process will meet government

expectations

• Expand your network of government contractor compliance contacts

TOP REASONS TO ATTEND

GET ANSWERS TO THESE QUESTIONS:

• What does the government expect? How much due diligence is enough?

• How can you use data analytics to evaluate third party risk? What are you looking for? How do you prioritize it?

• When is it time to terminate the contract?

• How can you ensure that your business partners are following new cyber-security guidelines?

• What do easing sanctions mean for new partnerships in Iran?

UPCOMING EVENT:

FRAUD PREVENTION, DETECTION, AND RESPONSE

January 2017 - Washington DC

A two-day conference for program managers, finance officers, risk professionals, auditors, and investigators focused on dealing with internal and external fraud, waste, and abuse. Join government agencies as they discuss detection framework, oversight practices, and analytics.

OUR RENOWNED SPEAKING FACULTY

IMPORTANT INFORMATION

Maryann Surrick, Associate General CounselLOCKHEED MARTIN

Cliff Greenblatt, General Counsel and Chief Compliance OfficerASRC FEDERAL

Cheryl Barnes, Vice President, Legal Affairs and General CounselESTES FORWARDING WORLDWIDE

James B. Perrine, Senior CounselHUNTINGTON INGALLS INDUSTRIES, INC.

David Hoffman, Deputy General CounselDCAA

Kay Lindbeck, Director, Contract Integrity CenterDCMA

Gregg Shapiro, Assistant United States AttorneyDISTRICT OF MASSACHUSETTS

Richard Hayes, Deputy Chief, Civil DivisionU.S. ATTORNEY’S OFFICE, EASTERN DISTRICT OF NEW YORK

Margaret Hutchinson, Civil ChiefU.S. ATTORNEY’S OFFICE, EASTERN DISTRICT OF PENNSYLVANIA

Gerard Mene, Assistant US Attorney, ACE CoordinatorU.S. ATTORNEY’S OFFICE, EASTERN DISTRICT OF VIRGINIA

Jeniffer Roberts, PartnerDENTONS

Mark Burroughs, Managing DirectorDELOITTE

Luis Ambroggio, Vice President of Contracts & ComplianceINTERNATIONAL SOS

Bill Walters, PartnerDIXON HUGHES GOODMAN LLP

Brent Calhoon, PartnerBAKER TILLY

Andrew T. Habina, Jr, Director of Internal Audit and ComplianceDRAPER LABORATORY

Erin Sheppard, PartnerDENTONS

Amy Hernandez, PrincipalSTRATEGY FAR ADVISORS

Gary Campbell, Of CounselPEPPER HAMILTON LLP

Steven Shamlian, PresidentGOVERNMENT CONTRACT COMPLIANCE MANAGEMENT

CLE AND CPE CREDITS

Financial Research Associates is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org.

The recommended CPE credit for the Government Contractor False Claims Forum is up to 11.5 credits in the following field(s) of study: Business Law

The recommended CPE credit for The Government Contractor’s Forum on Vetting and Managing Third Parties up to 11.5 credits in the following field(s) of study: Business LawFor more information, visit our website: www.frallc.com/thefineprint.aspxCLE CREDIT - Application for Wisconsin accreditation of this course or program is currently pending



Third Parties

VENUE DETAILSThe University Club of Washington, DC

1135 16th St NWWashington, DC 20005

202-824-1376

We have a limited number of hotel rooms reserved for the conference. The negotiated room rate of $239 per night will expire on November 1, 2016 although we expect the block to sell out prior to this date. To ensure you receive a room at the negotiated rate book well before the expiration date. Upon sell out of the block room rate and availability will be at the hotel’s discretion. Please note The University Club has a “Business Attire” dress code. For full Dress Code details, please visit their website at, www.universityclubdc.com.

FINANCIAL RESEARCH ASSOCIATES200 WASHINGTON ST. SUITE 201SANTA CRUZ, CA 95060

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INCORRECT MAILING INFORMATION: If you are receiving multiple mailings, have updated information or would like to be removed from our database, please fax our database team at 704-341-2641 or call 704-341-2387. Please keep in mind that amendments can take up to 8 weeks. Conference Code:

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CONFERENCE TITLEFour Ways to Register

704-341-2641 866-676-7689 www.frallc.comFRA

200 Washington Street, Ste. 201Santa Cruz, CA 95060

Fax Call Web Mail

Before 10/14/16

After

Government Contractor False Claims Forum Government Contractors $895 $995 All Others $1,795 $1,895

Forum on Vetting and Managing Third Parties Government Contractors $895 $995 All Others $1,795 $1,895

10/15/16

Government Contractor False Claims Forum & The Government Contractor’s Forum on Vetting and Managing Third Parties

November 7, 2016

Chief Compliance Officer or Chief Legal Officer

G1004

G1004

presents


Mitigating the Increasing Risk of False Claims SuitsNOVEMBER 14-15, 2016


T O R E G I S T E R : C A L L 8 6 6 - 6 7 6 - 7 6 8 9 O R V I S I T U S A T W W W . F R A L L C . C O M



T H E U N I V E R S I T Y C L U B O F WA S H I N G TO N , D C

Two unique conferences designed exclusively for government contractors! Earn CPE and CLE credits

government contractor false claims forum -...

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