Jay B. Stephens, Kirkland & Ellis LLP; Chair, WLF Legal Policy Advisory Board
Joshua J. Fougere, Sidley & Austin LLP
Stephen A. Wood, Chuhak & Tecson, P.C.
During its October Term 2022, the U.S. Supreme Court issued two major False Claims Act rulings: Polansky, which clarified DOJ’s authority to dismiss relators’ qui tam actions; and SuperValu, which confirmed the scienter for “knowingly” submitting a false claim. Our expert panel will explore the decisions’ ramifications for public and private FCA enforcement as well as their impact on false-claims litigation targets. The panel will also discuss whether defendants will draw upon three justices’ concurring opinion in Polansky to challenge the FCA’s constitutionality.