Navigating the Intersection of the False Claims Act and Federal Rules of Civil Procedure

Rachel V. Rose | Principal with Rachel V. Rose – Attorney at Law, P.L.L.C. (Houston, TX).

Rachel V. Rose, JD, MBA is a Principal with Rachel V. Rose – Attorney at Law, P.L.L.C. (Houston, TX)

Ms. Rose has a unique background, having worked in many different facets of healthcare, securities, cybersecurity, as well as international law and business throughout her career. For nearly a decade, her practice has focused transactional, compliance, and litigation matters related to cybersecurity, health care, securities, and Dodd-Frank/False Claims Act whistleblower claims. Ms. Rose worked on Capitol Hill when HIPAA passed in 1996 and worked at HHS in 2009 when the HITECH Act was being implemented.

In addition to being extensively published and a sought-after presenter and quoted expert, Ms. Rose holds an MBA with minors in healthcare and entrepreneurship from Vanderbilt University, and a law degree from Stetson University College of Law, where she graduated with various honors, including the National Scribes Award and The William F. Blews Pro Bono Service Award.

Ms. Rose is licensed in Texas and is a Fellow of the Federal Bar Association. Currently, she is the Chair of the Federal Bar Association’s Government Relations Committee, a board member of the Federal Bar Association’s Qui Tam Section, the co-editor of the American Health Lawyers Association’s Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition), as well as a co-author of the ABA’s books The ABCs of ACOs and What Are International HIPAA Considerations?

She has been named consecutively to the Texas Bar College, the National Women Trial Lawyers Association’s Top 25, Houstonia Magazine’s Top Lawyers (healthcare), the National Trial Lawyers Association’s Top 100, as well as 1st Healthcare Compliance’s 2019 Top Presenter. Ms. Rose is also an Affiliated Member with the Baylor College of Medicine’s Center for Medical Ethics and Health Policy, where she teaches bioethics.

Federal Court Admissions: Supreme Court of the United States, CO, DC, SDTX, NDTX, EDTX and WDTX.

See www.rvrose.com for additional information.

Chad Walker | Winston & Strawn, LLP.

Chad is an accomplished trial lawyer who has substantial experience successfully litigating False Claims Act and other complex commercial litigation disputes cases in jurisdictions throughout Texas and the United States. Chad has participated in numerous trials, including serving as lead trial counsel in six trials. Chad also provides mediation services, having completed a mediation program at the Straus Institute at the Pepperdine School of Law. Chad has been selected by Super Lawyers as a “Rising Star” numerous times.

Prior to joining Winston, Chad served as a principal in the Dallas office of Fish & Richardson, where he was previously a summer associate with the firm (2003 and 2004). His previous legal experience includes a position as a law clerk for the Honorable Philip R. Martinez, United States District Court for the Western District of Texas (2005– 2006); legal intern for The Honorable Chief Justice Thomas R. Phillips of the Texas Supreme Court (2003); and a legal intern for Russell D. Hunt, Sr., a criminal defense attorney in Waco, Texas (2001). He has technical experience as a co-op engineer in the Software Engineering Group for Lockheed Martin Missiles and Fire Control (2001), and a co-op engineer in the Systems Engineering Group (2000).

I. What makes the False Claims Act different from other statutes? | 12:00pm – 12:10pm

II. Service on the government and on the defendants | 12:10pm – 12:20pm

III. FRCP 9(b) and the Circuit Split | 12:20pm – 12:30pm

IV. Amending a Complaint both Under Seal and Out from Under Seal, as well as adding or changing parties | 12:30pm – 12:40pm

V. Motions to Dismiss and Jurisdictional Issues | 12:40pm – 12:50pm

VI. Attorney’s fees for relators or defendants – the FCA’s express languages supersedes the FRCP | 12:50pm – 12:55pm

VII. Conclusion and Questions | 12:55pm – 1:00pm