The FCA’s Knowledge Standard and the Supreme Court: A Preview of Supervalu and Safeway and Their Implications
Perkins Coie LLP
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Blank Rome partner Jennifer Short will serve as a panel speaker on the topic of “The FCA’s Knowledge Standard and the Supreme Court: A Preview of Supervalu and Safeway and Their Implications” at the American Bar Association (“ABA”) Section of Public Contract Law Procurement Fraud & False Claims Committee Meeting taking place Wednesday, March 22, 2023, from 12:30 to 2:00pm EDT. The meeting will be held in Washington, D.C., with a virtual option available.
ABOUT THE PROGRAM
The Supreme Court’s pending cases addressing the False Claims Act’s (“FCA”) standard for determining whether a defendant acted “knowingly” will have significant consequences for FCA cases as well as practitioners and litigants. An experienced panel will examine the Court’s pending cases in United States ex rel. Schutte v. Supervalu Inc. (S. Ct. 21-1326) and United States ex rel. Proctor v. Safeway, Inc. (S. Ct. 22-111), which focus on whether and when a defendant’s contemporaneous understanding or beliefs about the lawfulness of its conduct are relevant to whether it “knowingly” violated the FCA. With briefing in the cases pending and oral argument set for April 18, 2023, the panel will examine the U.S. Court of Appeals for the Seventh Circuit’s decision under review, preview the key issues and arguments, and discuss the potentially far-reaching implications of the cases in future FCA investigations and litigation.
- Douglas Hallward-Driemeier, Partner, Ropes & Gray LLP
- Sam Buffone, Partner, Black & Buffone
- Jennifer Short, Partner, Blank Rome LLP
- Robert Vogel, Partner, Vogel, Slade & Goldstein, LLP
ABOUT THE PUBLIC CONTRACT LAW PROCUREMENT FRAUD & FALSE CLAIMS COMMITTEE
The Committee monitors the government’s remedies, activities, and initiatives relating to the investigation and prosecution of alleged fraud by contractors, including voluntary disclosures and corporate self-governance.
For more information, please visit the meeting webpage.