The Current State of the False Claims Act’s Public Disclosure Bar and Original Source Exception (Presented by the Federal Bar Association & Kang Haggerty LLC)

Ross M. Wolfe, Associate | Kang Haggerty LLC

Ross M. Wolfe is an associate at Kang Haggerty LLC where he focuses his practice on whistleblower actions under the False Claims Act and commercial litigation. He works with relators from intake through the conclusion of the case, helping them navigate the unfamiliar process a relator must navigate. Ross also represents whistleblowers who have suffered retaliation by their employers as a result of their whistleblower activities.

Joy Clairmont, Shareholder | Berger Montague PC

Joy Clairmont is a Shareholder at Berger Montague PC, in the Whistleblower, Qui Tam & False Claims Act Group which has recovered more than $3 billion for federal and state governments, as well as over $500 million for their whistleblower clients. For more than twenty years, Ms. Clairmont has pursued False Claims Act cases, developing tremendous experience and expertise in this unique and intricate area of the law. Her recent successes on behalf of whistleblowers include a False Claims Act case against a large pharmaceutical company for off-label marketing resulting in a jury verdict of over $150 million in single damages to the government.

Saverio S. Romeo, Partner | Fox Rothschild LLP

Saverio S. Romeo is a partner at Fox Rothschild LLP whose practice focuses on white-collar criminal defense and complex commercial litigation. He navigates individual and corporate clients through highprofile government investigations and prosecutions with a particular emphasis on the False Claims Act, fraud statutes, RICO, tax, and anti-money laundering laws.

Isaac Jean-Pierre, Assistant | United States Attorney’s Office for the Eastern District of Pennsylvania

Isaac Jean-Pierre is an Assistant United States Attorney with the United States Attorney’s Office for the Eastern District of Pennsylvania – Civil Division. As an AUSA, Isaac handles both defensive litigation and affirmative litigation, inclusive of qui tam matters. Prior to joining the office in U.S. Attorney’s Office, Isaac was in private practice, concentrating on commercial, trusts and estates, and employment litigation. Isaac earned his undergraduate degree from Penn State University and his law degree from Temple University – Beasley School of Law.

I. FCA and the Public Disclosure Bar and Original Source Exception Basics | 12:00pm – 12:05pm

II. Jean-Pierre will discuss recent case law developments involving the public disclosure bar and original source exception | 12:05pm – 12:20pm

III. Clairmont will discuss the government’s ability to waive the public disclosure defense and how this right has historically been used | 12:20pm – 12:30pm

IV. Romeo will discuss how the defense bar views the current state of the public disclosure bar and how it is utilized on behalf of defendants in FCA litigation | 12:30pm – 12:45pm

V.  Wolfe will lead panel discussion on the “news media” category under the public disclosure bar and how this has been interpreted by courts and whether future court opinions could limit or expand its applicability | 12:45pm – 1:00pm