1. Trends and Hot Topics in
Health Law Litigation
California Club
538 S. Flower St.
Los Angeles, CA
November 3, 2015
Regional CLEWorkshop:
Presented by the ABA Section of Litigation Health Law Litigation Committee
The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA,
GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA,
VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This
transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible
to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about
CLE accreditation in your state, visit http://www.americanbar.org/cle/mandatory_cle.html or contact Kristen McCann.
3. Program Agenda
This program will present four panels on trends and hot topics in health care litigation.
We will select from In-house counsel, outside counsel, and government attorneys to form
each panel. After the program ends, Hunton & Williams will host a networking reception
at their offices located at 550 South Hope Street in downtown Los Angeles near the
California Club.
8:00 am – 9:00 am Continental Breakfast and Registration
9:00 am – 9:15 am Welcome and Introductory Remarks
9:15 am – 10:30 am
Due Diligence and Assessing Litigative Risk
The panel will discuss the issues, strategies and tactics involved in assessing
the future litigation risks associated when one health care provider acquires
another health care provider. In particular, the panel will discuss identifying
potential risks for the acquirer from existing compliance issues of the target
provider, determining whether the risk endangers the proposed transaction
or requires either self-disclosure or a hold-back/escrow. The panel will also
discuss tactics to contain the risk post-acquisition. The discussion will
contain a brief primer on basic health law compliance issues.
Moderator: Tom Ryan, McDermott Will & Emery LLP, Los Angeles, CA
Panelists: Stacy Bratcher, University of Southern California, Los Angeles, CA;
Jon Dean, McDermott Will & Emery LLP, Los Angeles, CA;
Paul Gomez, Epstein Becker & Green, P.C., Los Angeles, CA;
10:30 am – 10:45 am Break
10:45 am – 12:00 pm
Complexities of Parallel Proceeding Under the False Claims Act
This panel is comprised of current and former civil and criminal federal
government prosecutors, as well as relator’s and defense counsel, who
will address issues faced in pursuing and defending simultaneous civil and
criminal healthcare fraud cases. This panel will address: factors considered
by civil and criminal prosecutors in deciding whether to bring or intervene
in an action; the tools employed in pursuing civil and criminal actions;
information sharing between the civil and criminal divisions and the relator;
and effective defense strategies when fighting “a two-front war.”
Moderator: Wendy Weiss, Navigant, Los Angeles, CA
Panelists: Marissa Chun, McDermott Will & Emery LLP, Los Angeles, CA;
Timothy Heaphy, Hunton & Williams LLP, Washington, D.C.;
Linda Kontos , Office of the U.S. Attorney, Los Angeles, CA;
Michael Morse, Pietragallo Gordon Alfano Bosick & Raspanti, LLP,
Philadelphia, PA
4. 12:00 am –1:30 pm
Lunch with Keynote Speaker Consuelo Woodhead, Deputy Chief of the
Major Fraud Section of the US Attorney’s Office
1:30 pm – 2:45 pm
CurrentTrends in Pharma and Medical Device Litigation
This panel will include attorneys from the private and public sectors who
will discuss what is trending in civil litigation involving pharmaceutical and
medical device companies. The panel will address recent developments
in product misrepresentations and false advertising litigation; significant
developments in preemption case law; deficient warning cases; class
actions stemming from the Ebola crisis; and emerging issues involving
technology and telemedicine.
Moderator: Ann Marie Mortimer, Hunton & Williams LLP, Los Angeles, CA
Panelists: Kimberly A. Dunne, Sidley Austin LLP, Los Angeles, CA;
Tracy Hughes, Deputy District Attorney, Santa Ana, CA;
2:45 pm – 3:00 pm Break
3:00 pm – 4:15 pm
HotTopics Forecast
This panel will highlight the latest issues and developments under the
Medicare Part C (managed care) and Part D (prescription drug coverage)
programs. Panelists will describe the complex payment mechanisms under
each program as well as address the increasing government scrutiny facing
these plans.
Moderator: Laura Marshall, Hunton & Williams LLP, Richmond, VA
Panelists: Pamela Brecht, Pietragallo Gordon Alfano Bosick & Raspanti, LLP,
Philadelphia, PA;
Erin Costell, Navigant, Chicago, IL;
David Deaton, O’Melveny and Myers, Los Angeles, CA
4:15 pm – 4:30 pm Closing Remarks
5:00 pm Networking Reception at Hunton & Williams
Program Agenda
5. SPONSORED BY
ABA Section of Litigation, Health Law Litigation Committee
PROGRAM ORGANIZERS
Nash E. Long III
Hunton & Williams LLP
101 South Tryon St.
Ste 3500
Charlotte, NC 28280
nlong@hunton.com
Wendy Weiss
Navigant Consulting Inc.
300 S Grand Ave
Los Angeles, CA 90071
wendy.weiss@navigant.com
Laura Marshall
Hunton & Williams LLP
951 E Byrd St
Richmond, VA 23219
lmarshall@hunton.com
Thomas Ryan
McDermott Will & Emery
2049 Century Park East 3800
Los Angeles, CA 90067
tryan@mwe.com
Organizers and Chairs
6. Registration:
To register online, visit:
http://shop.americanbar.org/ebus/ABAEventsCalendar/EventDetails.aspx?productId=203889975&sc_cid=
LTHL1115-G1
or return the Registration Form on the following page with your payment (checks only) to:
Kristen McCann
American Bar Association
321 N. Clark St.
Chicago, IL 60654
Please register by October 27, 2015 to reserve your spot.
Requests for refunds must be made in writing and received no later than October 27, 2015, in the ABA Section
of Litigation office. Please email your request to the Program Associate. There will be a $10 administrative fee
deducted from the refund. Cancellations received after October 27, 2015 will not be refunded; however, the
Section will gladly accept substitutions for those unable to attend.
MCLE Credit:
The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO,
DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN,
TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the
program occurs. This transitional program is approved for both newly admitted and experienced attorneys in
NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other
states. For more information about CLE accreditation in your state, visit http://www.americanbar.org/cle/
mandatory_cle.html or contact Kristen McCann.
Tuition Assistance:
A limited number of scholarships to defray registration fees may be available for government employees, public
interest lawyers employed with nonprofits, academics, and law students, as well as unemployed attorneys. For
more information, please contact: Kristen McCann at 312-988-5662.
Attendance List:
Information included in the attendance list is protected by copyright and is solely intended for the individual and
private use of ABA members in connection with the ABA’s mission, goals and activities. All other use is strictly
prohibited without prior written authorization from the ABA. Prohibited use includes but is not limited to the
copying, renting, leasing, selling, distributing, transmitting or transfer of all or any portions of the materials, or
use for any other commercial and/or solicitation purposes of any type, or in connection with any action taken
that violates the ABA’s copyright.
General Information
7. Registration
Name Member ID
Affiliation
Address Apt. # City State Zip Code
Phone Email
The information submitted on this registration form will be used only to create an attendance list for the Trends and HotTopics in Health
Law Litigation Regional CLE Workshop.
A limited amount of scholarships are available for this program. For more information, please contact:
Kristen McCann at 312-988-5662.
Registration Information
$175.00 Section of Litigation members
$235.00 Non-Section members
Checks for attendance and course materials should be made payable to the AMERICAN BAR
ASSOCIATION (credit cards for online registration only).
m I will attend the meeting and my check for $_______.00 is enclosed.
m I am unable to attend the meeting, but please send the course materials to the above address,
at a cost of $35.00, a check for which is enclosed.
Please send your Registration Form and check to:
Kristen McCann
Section of Litigation
American Bar Association
321 N. Clark St.
Chicago, IL 60654
For additional information about the program, please contact the Kristen McCann.
8. New! Section of LitigationTitles Related to
Programming Available for Purchase
Purchase at ShopABA.org or call 800-285-2221
Practice Points for Trial Lawyers: A View From Both Sides of the Bench
By Hon. Mark Allen Drummond
This book is designed for those who are or aspire to be trial lawyers, and those who are preparing
to try cases. Judge Mark A. Drummond’s experience includes 20 years in front of the bench
trying cases and another 15 years on the trial bench, which gives him a unique perspective.
In addition, for 30 years Drummond has trained advocates from Tasmania to Tanzania, from
Boston to Beijing.That includes large and small firms, corporations, the National Institute forTrial
Advocacy, the U.S. Department of Justice, the Attorney General’s offices for Illinois and New
York, and the Department of the Navy.
Lawyer, Activist, Judge: Fighting for Civil and Voting Rights in
Mississippi and Illinois
By Hon. Martha A. Mills
Lawyer, Activist, Judge is an inside look at the struggle for civil and voting rights in Mississippi
and Cairo, IL in the 1960s–70s from a trial lawyer’s perspective. The book takes a look at some
major cases, including a million dollar verdict against the Ku Klux Klan, milestone Supreme Court
cases involving the 1871 Civil Rights Act and the 1965 Voting Rights Act, and more. Author
Martha Mills lived and worked in an ardent segregationist culture fraught with danger, filled with
both heroes and villains.
Civil RICO: A Definitive Guide, Fourth Edition
By Gregory P. Joseph
This updated edition provides a concise yet thorough analysis of the major legal issues arising
in civil actions litigated under the Racketeer Influenced and Corrupt Organizations Act (RICO).
Avoiding Bad Depositions: A Simple Guide to Complex Issues
By Janet S. Kole
Janet Kole provides another short and helpful guide to litigation, this time to help you avoid
mistakes—and malpractice claims—when preparing for depositions.The guide covers everything
from what a deposition is to the key issues that arise both during witness preparation and the
deposition itself.
Preparing for Trial, 60 Days and Counting
By Bruce W. Felmly
In these days of the “vanishing trial,” when there are fewer opportunities to learn from the
masters, this book is an invaluable guide for trial lawyers needing to focus, prioritize and prepare
for that morning when they alone will say, “Ready, Your Honor.”
9. Section of LitigationTitles Related to
Programming Available for Purchase
Purchase at ShopABA.org or call 800-285-2221
An Irreverent Introduction to Hearsay
By IrvingYounger
This remarkable analysis of “the one rule that a lawyer must have at his or her fingertips, the
rule against hearsay,” will improve your ability to identify and respond immediately to hearsay.
Using his uniquely effective brands of example and analogy, Younger covers the reasons for the
rule, the elements of hearsay, assertive and nonassertive behavior, exceptions, and the use of
“reliable” hearsay.
Effective Appellate Advocacy
By Fredrick Paul Wiener
In the 35 years since the last edition, Colonel Wiener’s book has developed a devoted following.
Many regard it as the best guide to appellate advocacy every written. Its advice is as practical
and useful, it style as clear and distinctive, and its opinions as forceful and pungent as the day
the book first appeared. From the Foreword of Effective Appellate Advocacy, Revised Edition A
timeless book on appellate advocacy, revised for today’s litigator. Frederick Bernays Wiener, one
of the great appellate lawyers, tells you how to most effectively prepare a brief and argue a case
on appeal. It deals exclusively with the question: how can you best persuade an appellate court
to decide a case in your favor? Packed with useful examples and clever anecdotes, this book will
sharpen your presentation and argument skills for use at the state, federal and Supreme Court
level. Command the Attention and Respect of the Court First in your written brief and then on
your feet, this book illustrates how to challenge and command the attention of the court.
Internal Corporate Investigations, Third Edition
Edited By Brad D. Brian and Barry F. McNeil
In the wake of highly publicized corporate shake-ups, internal investigations have gained national
prominence and established themselves as an important tool of management. This trend offers
stimulating and challenging opportunities to lawyers, both inside and outside counsel, retained
to conduct internal investigations. However, this delicate and complex task carries potential
traps and pitfalls for those involved. Step-by-step guidance Internal Corporate Investigations,
Third Edition, guides you through the steps necessary to conduct a proper and thorough legal
investigation. Each chapter covers one aspect of conducting an investigation, clearly describing
and advising you on the methods and skills involved, while providing you with practical tips on
anticipating, recognizing, and avoiding the traps you are certain to encounter.
Parallel Proceedings
By Miriam F.Weismann
The term parallel proceedings refers to the simultaneous or successive investigation or litigation
of separate criminal, civil, or administrative proceedings commenced by different agencies,
different branches of government, or private litigants arising out of a common set of facts.
This book serves as a central repository of statutes, case law, Department of Justice policy,
federal agency policy, litigation strategy and ethical considerations involving the investigation,
prosecution and resolution of parallel proceedings.The book also addresses recent developments
of the law in the field of international parallel proceedings. The types of cases most frequently
involved in parallel proceedings are reviewed in detail. These include the False Claims Act and
Qui Tam proceedings; securities cases; commodities cases; bankruptcy cases; environmental
investigations; health care fraud and abuse; tax cases; financial institution fraud; and, claims of
third party insurers.
