“The panelists that we have set up are some really fascinating people who have a lot of experience. I think [they’ll] bring a broad knowledge base to the panel, and hopefully we will be able to interact: That’s what we’re planning for our panel, is to have an interactive discussion about ethics,” remarks Traci L. Buschner, a Founding Partner at Guttman, Buschner and Brooks PLLC, who will be moderating the panel on ethics issues in qui tam matters at this year’s annual Qui Tam Conference.

The Federal Bar Association’s Qui Tam Conference on February 28 and March 1, 2019 is sure to provide practitioners with a wealth of valuable information in the ever-changing area of False Claims Act-related litigation. Register here for the Qui Tam Conference being held in Washington, D.C. at the FHI 360 Conference Center. 

The structure of the FCA, which deputizes private citizens to represent the public interest, creates many ethical and legal issues. As a consequence, all lawyers that participate in FCA cases – whether they represent the government, relators or white-collar criminal defendants – have unique ethics and professional responsibility factors to consider when investigating, pursuing, defending, and settling these cases.

Our distinguished panelists  will provide practical insights with regard to successfully litigating FCA cases. Moderator Traci L. Buschner will be joined by Kathleen Clark (Professor, Washington University School of Law), Precious M. Gittens (Partner, Hooper Lundy & Bookman PC), and  David Wiseman (Senior Trial Counsel, Commercial Litigation, U.S. Department of Justice) to discuss ethical issues that may arise in qui tam cases.

Practice makes perfect: Attendees of the Qui Tam Conference will have a unique opportunity to study and learn about ethics issues as panelists present a fact pattern that involves problems for the relator, for the defense, and for the government. 

What ethical concerns or legal consequences exist when a relator gathers documents and other evidence from an employer? What is the relationship between whistleblower laws and attorney-client privilege? Does the duty of confidentiality trump whistleblower rights? What is the tension between an attorney’s ethical duty of confidentiality and the government’s interest in encouraging whistleblowers to disclose unlawful conduct? How does an attorney pursue and defend FCA cases effectively while avoiding ethical dilemmas? Attendees may receive helpful tips and strategies on these and other ethics items. 

Join the Federal Bar Association’s Qui Tam Section as it provides fresh analysis on the rapidly changing landscape of FCA enforcement. This two-day conference will feature experienced FCA litigators from a variety of perspectives who will dive into advanced topics and discuss the latest developments and cases pertaining to the FCA. Take this opportunity to interact with leading practitioners in the field while earning CLE credit and enjoying multiple networking events. We invite you to sign up for the Qui Tam Conference today at www.fedbar.org/quitam19.  

Click here to hear from R. Scott Oswald (chair of the Qui Tam Section of the FBA) and moderator Traci L. Buschner on what to expect from this ethics panel.

Stacy Slotnick, Esq. holds a J.D., cum laude, from Touro Law Center and a B.A., summa cum laude, from the University of Massachusetts Amherst. She performs a broad range of duties as an entertainment lawyer, including drafting and negotiating contracts; addressing and litigating trademark, copyright, patent, and other IP issues; and directing the strategy and implementation of public relations, blogging, and social media campaigns.