Recorded Webinar—Polansky and SuperValu Aftermath: The Supreme Court Decisions’ Impact on False Claims Act Enforcement

Webinar

Featuring:
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.

Description:
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.

Speakers' Biographies

Jay B. Stephens

Jay is Of Counsel to Kirkland & Ellis LLP and serves as Chair of WLF’s Legal Policy Advisory Board. He served for nearly 13 years as Senior Vice President, General Counsel, and Corporate Secretary at Raytheon Company. Jay has also enjoyed a distinguished career in public service as Associate Attorney General of the United States (2001-2002); United States Attorney for the District of Columbia (1988-1993); and Deputy Counsel to the President of the United States (1986-1988).

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Joshua J. Fougere

Josh is a partner in the Washington, DC office of Sidley Austin LLP. He focuses his practice on appellate litigation, as well as critical motions and complex commercial litigation. Josh served as a law clerk for two U.S. Court of Appeals for the Federal Circuit judges and for U.S. District Court for the District of Massachusetts Judge Nathaniel M. Gorton. Along with several Sidley Austin colleagues, Josh drafted Washington Legal Foundation's amicus brief in the Polansky case on a pro bono basis.

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Stephen A. Wood

Steve is a Principal with Chuhak & Tecson, P.C. in the firm’s Chicago, IL office, where he co-leads the litigation practice group. He focuses his practice on complex civil litigation, including a wide range of commercial disputes, mass tort, and products liability matters. Steve is active with a number of attorney organizations, including Defense Research Institute and Lawyers for Civil Justice, and was a Featured Expert Contributor on the False Claims Act for Washington Legal Foundation’s WLF Legal Pulse blog. Steve is a former captain in the U.S. Marine Corps.

More about speaker

Recorded Webinar—Polansky and SuperValu Aftermath: The Supreme Court Decisions’ Impact on False Claims Act Enforcement

Webinar

Speakers' Biographies

Jay B. Stephens

Joshua J. Fougere

Stephen A. Wood

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