Erica Blachman Hitchings to Speak About FCA Liability Stemming From Kickback Violations

March 7, 2023

Whistleblower Law Collaborative member Erica Blachman Hitchings is pleased to be presenting at the Federal Bar Association’s upcoming virtual roundtable Causation Conundrums in Kickback-Focused FCA Cases. This roundtable will examine how various courts have responded to defendants’ push for a robust causation standard to be applied to False Claims Act allegations based on kickback violations.

The panel will discuss what Congress was doing when it amended the Anti-Kickback Statue (AKS) in 2010.  That is when Congress amended the law to state that claims “resulting from” kickback violations are a false claims for FCA purposes.  It will also include an interesting discussion of how expert analyses are evolving to address differing courts’ interpretations of this causation standard.

Other panelists include:

• John D. W. Partridge, Gibson Dunn & Crutcher (Moderator)
• Kathleen Chandler, Bates White
• Johnathan M. Phillips, Gibson Dunn & Crutcher
• David Wiseman, Civil Fraud Section, Department of Justice

Please join us for this discussion.  Registration is free and easy to do!  And, if you would like a bit of background reading in advance, check out this primer on kickback violations by WLC attorney David Lieberman.