Bringing DEI Qui Tams for Relators After Deloitte: From Insider Evidence to Paid Share

Rachel V. Rose, JD, MBA, Principal | Rachel V. Rose – Attorney at Law, PLLC

Rachel V. Rose is the Principal of Rachel V. Rose – Attorney at Law, PLLC, a Houston-based practice advising and representing clients nationally and internationally on the False Claims Act, Dodd-Frank, securities law, healthcare, cybersecurity, HIPAA, and the HITECH Act. She presents on qui tam and Dodd-Frank matters and is admitted to practice before the United States Court of Appeals for the Fifth Circuit, the D.C. Circuit, and the Supreme Court of the United States. A Director on the Federal Bar Association’s National Board, she came to private practice from Wall Street, a Big Four consulting firm, the staff of the Chairman of the House Reform and Oversight Committee, and the Department of Health and Human Services.

• Education & Credentials

Ms. Rose earned her Doctorate of Jurisprudence from Stetson University College of Law, where she served as Editor of The Journal of International Law and Aging, an MBA from Vanderbilt University, and a BA in History from Pennsylvania State University. She also holds an Executive Education Certification from Harvard Law School’s Program on Negotiation & Leadership. She is licensed in Texas and admitted to practice before the Supreme Court of the United States, the United States Courts of Appeals for the D.C. Circuit and the Fifth Circuit, the Southern, Northern, Western, and Eastern Districts of Texas, the District of Colorado, and the District of Columbia.

• Recognition & Leadership

Ms. Rose is a Fellow of the Federal Bar Association and a Fellow of the American Bar Association. She has been named to the National Trial Lawyers Top 100 (2019–2023), the National Women Trial Lawyers Association Top 25 (2018–2023), the National Association of Distinguished Counsel’s Nation’s Top One Percent (2022 and 2023), Super Lawyers (2023 and 2024), the Texas Bar College (2018–2022), and Houstonia Magazine’s Top Lawyers in Healthcare Law (2018 and 2019). She has received the National Scribes Award and the William F. Blews Pro Bono Service Award.

• Professional Involvement

Ms. Rose serves as a Director on the Federal Bar Association’s National Board and sits on its Government Relations Committee. She is an Affiliated Member of Baylor College of Medicine’s Center for Health Policy and Medical Ethics, where she teaches bioethics. She co-authored the American Bar Association books The ABCs of ACOs and What Are International HIPAA Considerations? and co-edited the second edition of the American Health Lawyers Association’s Enterprise Risk Management Handbook.

• Experience

Ms. Rose’s practice spans the False Claims Act, Dodd-Frank, securities law, healthcare, cybersecurity, HIPAA, and the HITECH Act, and she presents on qui tam, Dodd-Frank, physician reimbursement, antikickback and Stark laws, Supreme Court cases affecting medical devices, international healthcare law, and HIPAA/HITECH. Before founding her firm, she served as Director of Business Development and Assistant General Counsel at a healthcare advisory company. Her earlier career included work on Wall Street and at a Big Four consulting firm, producing material for the Chairman of the House Reform and Oversight Committee, an internship at the Department of Health and Human Services, compiling policy papers at the Royal College of Nursing in London, consulting for pharmaceutical and medical device companies, and a clerkship for the Honorable Linda R. Allan of Florida’s Sixth Judicial Circuit.

SESSION 1 – Pleading a DEI Certification Qui Tam from Insider Evidence and Paid Settlement Recitals | Rachel V. Rose | 12:00pm – 1:00pm

This session teaches relator’s counsel how to turn a DEI insider’s scorecards, spreadsheets and emails into a sealed FCA complaint and disclosure statement, using the IBM, Deloitte and Accenture covered-conduct recitals as templates. The hour covers falsity sorting against DOJ’s stated line, certification and costallocation counts on FAR 52.222-26, and the Rule 9(b) contract-invoice link. It also covers the publicdisclosure bar and single damages, and attendees leave with a falsity-sorting checklist and an annotated disclosure-statement outline.

BREAK | 1:00pm – 1:10pm

SESSION 2 – Filing the DEI Qui Tam Through an Organizational Relator and Negotiating the Share | Rachel V. Rose | 1:10pm – 2:10pm

This session teaches relator’s counsel how to file a DEI civil-rights certification qui tam through an organizational relator and how to negotiate the share, using the Deloitte file as the model. The hour covers vehicle choice, the organization–insider agreement, seal and Fifth Circuit forum risk, Florida- and Indianastyle state counts, the 20% pre-litigation share, and declined-case value after the Justice Manual revision. The speaker’s experience negotiating relator shares and serving state attorneys general under seal is the layer this audience cannot find written down.