Webcast: False Claims Act Hot Topics – Cybersecurity, Government Contracting, and Technology Companies

Webcasts  |  September 27, 2023

The False Claims Act (FCA) is one of the most powerful tools in the government’s arsenal to combat fraud, waste, and abuse involving government funds. Nearly two years ago, the Department of Justice announced the establishment of the Civil Cyber-Fraud Initiative to utilize the False Claims Act to pursue cybersecurity related fraud by government contractors and grant recipients. Since the announcement of the Civil Cyber-Fraud Initiative, the government has continued to promulgate new cybersecurity requirements and reporting obligations in government contracts and funding agreements—which may bring yet more vigorous efforts by DOJ to pursue fraud, waste, and abuse in government spending under the False Claims Act. As we approach the second anniversary of the Civil Cyber-Fraud Initiative, as much as ever, any company that receives government funds—especially technology companies operating in the government contracting sector—needs to understand how the government and private whistleblowers alike are wielding the FCA to enforce required cybersecurity standards, and how they can defend themselves.

Please join us to discuss developments in the FCA, including:

  1. The latest trends in FCA enforcement actions and associated litigation affecting government contractors, including technology companies;
  2. Updates on enforcement actions arising under the DOJ Civil Cyber-Fraud Initiative;
  3. New proposed amendments to the FCA introduced by Senator Grassley;
  4. The latest trends in FCA jurisprudence, including developments in particular FCA legal theories affecting your cybersecurity compliance and reporting obligations; and
  5. Updates to the cybersecurity regulations and contractual obligations underlying enforcement actions by DOJ’s Civil Cyber-Fraud Initiative.

PANELISTS:

Winston Chan is a partner in the San Francisco office and Co-Chair of the firm’s White Collar Defense and Investigations practice group, and also its False Claims Act/Qui Tam Defense practice group. He leads matters involving government enforcement defense, internal investigations and compliance counseling, and regularly represents clients before and in litigation against federal, state and local agencies, including the U.S. Department of Justice, Securities and Exchange Commission and State Attorneys General. Prior to joining the firm, Mr. Chan served as an Assistant United States Attorney in the Eastern District of New York, where he held a number of supervisory roles and investigated a wide range of corporate and financial criminal matters.

Dhananjay (DJ) Manthripragada is a partner in the Los Angeles and Washington, D.C. offices. He is Co-Chair of the firm’s Government Contracts practice group, and has a breadth of experience in the field of government contracts, including civil and criminal fraud investigations and litigation, complex claims preparation and litigation, qui tam suits under the False Claims Act, defective pricing, cost allowability, the Cost Accounting Standards, and compliance counseling. Mr. Manthripragada also has a broad complex litigation practice, and has served as lead counsel in precedent setting litigation before several United States Courts of Appeals, District Courts in jurisdictions across the country, California state courts, the Court of Federal Claims, and the Federal Government Boards of Contract Appeals.

Lindsay Paulin is a partner in the Washington, D.C. office and Co-Chair of the firm’s Government Contracts practice group. Her practice focuses on a wide range of government contracts issues, including internal investigations, claims preparation and litigation, bid protests, government investigations under the False Claims Act, cost allowability, suspension and debarment proceedings, mergers and acquisitions involving government contracts, and compliance counseling. Ms. Paulin’s clients include contractors and their subcontractors, vendors, and suppliers across a range of industries including aerospace and defense, information technology, professional services, private equity, and healthcare.

Eric Vandevelde is a partner in the Los Angeles office and Co-Chair of the firm’s Artificial Intelligence practice group. Mr. Vandevelde served as an AUSA and Deputy Chief of the Cyber Crimes unit of the U.S. Attorney’s Office for the Central District of California. With a degree in computer science from Stanford and a background in cybersecurity, white-collar crime, litigation, and crisis management, Mr. Vandevelde’s expertise includes handling complex fraud and cybercrime investigations. He is a thought leader on cybersecurity and emerging legal issues surrounding AI and algorithmic decision-making, having been recognized as one of California’s leading AI/Cyber lawyers in 2018.

MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.