FCA Panel Announced For DC

Jack Selden

This year’s NAFUSA conference will bring together experts on the False Claim Act for an update on this important area of federal practice. The panel will be moderated by NAFUSA Past President Jack Selden (Northern District of Alabama, 1992-1993). Selden, a partner at Bradley Arant Boult Cummings in Birmingham, has extensive experience in cases arising under the FCA and qui tam whistleblower actions, including winning a summary judgment on behalf of AseraCare Hopsice in 2016 in one of the most important cases in FCA history.

 

Michael Granston

 

The panel will include Michael Granston, who has served as the Director of the Civil Fraud Section of the Justice Department since 2013. In that capacity he is the leading federal attorney for cases under the FCA.

 

 

 

 

 

 

Jack Boese

He will be joined by Jack Boese, a nationally known expert on the FCA. Boese is the author of the book, Civil False Claims and Qui Tam Actions, commonly cited as authority by courts at all levels, including the United States Supreme Court. Boese is a member of the Litigation Department in Fried Frank’s Washington, DC office.

 

 

 

Bill Nettles

Two newer members of NAFUSA will round out the panel. Bill Nettles served as the United States Attorney for the District of South Carolina, where FCA claims was one of his top priorities. This resulted in his district becoming one of the top districts for false claims recovery. He is now in private practice with a nationwide false claims practice.

 

 

 

 

Carmen Ortiz

 

The other NAFUSA member to join the panel is Carmen Ortiz, District of Massachusetts, 2009-2017. She recently joined the law firm of Anderson & Kreiger, while also serving as a visiting professor at Boston College Law School.

 

 

Click here to see speaker bios

Click here to register for the 2017 NAFUSA Annual Conference

Social Media Panel at DC Conference

Friday morning’s CLE program at this year’s NAFUSA conference will include a panel discussion on the “Impact of Social Media on Investigations and Litigation,” Social media increasingly implicates legal considerations from the investigatory process to witness and jury strategy.  Within this broad and cutting edge topic, the program will focus on the effects of social media on participants in the justice system, the use of this new media as evidence, and its application as a basis for charges or legal claims. The program will take place from 10:15 AM to 11:45 AM.

Social media has had a profound and sometimes unexpected impact on civil litigation, white collar investigations, and jury trials.  Evidence derived from social media has served as the basis for prosecutions.  Social media history has complicated witness preparation, tainted witnesses,  and fueled fascinating cross-examinations and depositions. Maintaining the integrity of the jury trial process has been challenged by jurors’ intense interest in exploring social media commentary about a case where the court has charged jurors with finding the truth based on the evidence presented in the courtroom.  Our talented panel of experienced academics and practitioners will explore the issues and  impacts which social media brings to the investigation, litigation, and trial of complex fact patterns and inexplicable human behavior.  Social media communications and venues can transform the discovery, trial preparation, and issue resolution processes for today’s litigators.  Understanding the impact of social media on case development means that litigators today need to be aware how a tweet, a text, or a posting can dramatically complicate effective advocacy and the search for truth.

The panel will be moderated by Jay Stephens, past president of NAFUSA and presently counsel to the board. Jay is of counsel to the Washington office of Kirkland & Ellis and served as the senior vice president and general counsel and corporate secretary of Raytheon Company, during his illustrious career.

 

 

 

The experienced panelists include former D.C. Superior Court Judge Herb Dixon, known as the “Technology Judge”. Judge Dixon is the chair of the ABA Standing Committee on the American Judicial System and a former chair of of the National Conference of State Trial Judges.

 

Assistant U.S. Attorney Demian Ahn, from the District of Columbia will join the panel. He is a senior Computer Hacking and Intellectual Property prosecutor in the Cyber Unit;

 

 

 

The third panelist will be Paula Hannaford-Agor, the Director of the Center for Juries Studies at the National Center for State Courts. She has authored or contributed to numerous books and articles on the American jury system.

 

 

 

Click here to see speaker bios

Click here to register for the 2017 NAFUSA Annual Conference

Ethics Panel Announced For DC Conference

Judge Boasberg

This year’s ethics presentation, “Ethics Oversight at DOJ: A Federal Judge and DOJ Watchdogs Discuss the Challenges of the Day” will be moderated by the Honorable James E. “Jeb” Boasberg, United States District Judge for the District of Columbia. Judge Boasberg also serves on the United States Foreign Intelligence Surveillance Court. He has also served  in the U.S. Attorneys Office for the District of Columbia as as AUSA specializing in homicide prosecutions.

 

 

 

 

Michael Horowitz

The panel will be composed of the three major “watchdogs” for ethics oversight at the Department. Michael E. Horowtiz has served as the Inspector General of DOJ since April 2012. Since 2015, he has also served as the Chair of the Council of the Inspectors General on Integrity and Efficiency. He served as an AUSA for the SD of New York, where he was the Chief of the Public Corruption Unit and a Deputy Chief of the Criminal Division. He then worked at Main Justice as Deputy Assistant Attorney General and then Chief of Staff of the Criminal Division.

Scott Schools

Scott Schools

NAFUSA member Scott Schools was named an Associate Deputy General in October 2016, and has assumed the position formerly filled by David Margolis. He has previously spent 18 years at the Department, including stints as the U.S. Attorney for the Northern District of California (2007-2008) and South Carolina (2001).

 

 

 

 

Robin Ashton

Robin Ashton has led the Department of Justice Office of Professional Responsibility since 2011. Her long career at the Justice includes serving in the litigation section of the Antitrust Division, as an AUSA for the District of Columbia, and as the Executive Assistant for Management. She also served as the Deputy Director of the Executive Office for U.S. Attorneys from 2001-2005.

 

Click here to see speaker bios

Click here to register for the 2017 NAFUSA Annual Conference

Supreme Court Panel Announced For DC Conference

Adam Liptak

This year’s NAFUSA conference will feature an outstanding panel discussion of the Supreme Court, moderated by Adam Liptak of The New York Times. Liptak covers the Supreme Court for The Times and his column on legal affairs, “Sidebar,” appears every other Thursday. Liptak last appeared at a NAFUSA conference in New York City in 2010.

 

 

 

 

The outstanding panel is composed of:

Ted Olson

NAFUSA member Ted Olson, former Solicitor General of the United States and a partner in Gibson, Dunn & Crutcher’s Washington, D.C. office. He has argued sixty-two cases before the Supreme Court. Olson last spoke at a NAFUSA conference in 2013 in Washington, D.C.

 

 

 

 

 

Paul Clement

Paul Clement also served as the Solicitor General of the United States and is a partner in the Washington, D.C. officer of Kirkland & Ellis. Clement has argued over 85 cases before the United States Supreme Court.

 

 

 

 

 

 

Neal Katyal

Neal Katyal served as Acting Solicitor General of the United States and has argued 34 cases before the United States Supreme Court, with 32 of them in the last 8 years.

The panel discussion will take place at The Mayflower Hotel on Friday, October 20, 2017, from 9:45-10:45 AM.

 
 

 
 

Click here to see speaker bios

Click here to register for the 2017 NAFUSA Annual Conference

De Smith Keynoter for NAFUSA Conference

NAFUSA’s 2017 conference will be held at The Mayflower Hotel in Washington, DC on October 18-20, and De Maurice Smith will be the keynote speaker on the final night at the annual meeting and dinner. Smith is the Executive Director of the National Football League Players Association (NFLPA).

On August 4, 2011, Smith signed a 10-year Collective Bargaining Agreement with NFL management, leading the Players through the owners’ 132-day lockout. The new CBA codifies new health and safety protocols for Players, achieved longer off-seasons, significantly reduces the amount of contact during practices, provides for unannounced inspections of training camps, creates the first compliance and accountability structure for NFL medical personnel, and provides the Players’ with their highest share of TV contract revenues in history.

Prior to his post at the NFLPA, Smith was an Assistant United States Attorney in the District of Columbia and was Counsel to then-Deputy Attorney General Eric H. Holder, Jr. After Government service, Smith served as a Partner in the law firms of Latham & Watkins, LLP and Patton Boggs, LLP, in Washington, D.C. where he represented corporations, boards of directors and senior executives in civil and criminal matters.

Mr. Smith is a 1989 graduate of the University of Virginia School of Law and a 1985 graduate of Cedarville University. He resides in the Washington DC metropolitan area with his wife and two children.

Click here to register for the 2017 NAFUSA Annual Conference

Bart Daniel Named NAFUSA President

Bart Daniel

On October 8, 2016, at the NAFUSA annual conference in San Diego, E. Bart Daniel (District of South Carolina, 1989-1992) was elected president of NAFUSA by acclamation.

Daniel served as United States Attorney from 1989 to 1992. While U.S. Attorney Bart was appointed to the Attorney General’s Advisory Committee. He also directed the investigation and prosecution of Operation Lost Trust, one of the nation’s largest and most successful public corruption prosecutions. It resulted in 27 convictions, including 17 members of the South Carolina General Assembly along with other public officials. Bart served as Lead Counsel in 6 of the 8 jury trials, all resulting in convictions. In 1991 Bart was awarded the Attorney General’s Flag Award – the highest award given to a U.S. Attorney.

Bart graduated from The Citadel and University of South Carolina School of Law. He served as an Assistant Attorney General in its White Collar Crime Unit from 1980 to 1982. He was then appointed as an Assistant U. S. Attorney, prosecuting white collar and False Claims Act cases for 4 years. Thereafter, Bart opened his law practice defending government investigations and False Claims Act cases before being appointed U.S. Attorney in 1989.

Bart has served as President of the Charleston County Bar, Chairman of the Salvation Army Advisory Board, and Chairman of the Finance Committee on the South Carolina Commission on Higher Education. He has at various times been appointed Special Counsel by the Governor, the South Carolina Securities Commission, and Lead Counsel by the South Carolina House of Representatives in a lengthy reapportionment trial before a three-judge federal panel.

Bart has authored numerous publications including Health Care Fraud and Collateral Consequences (2nd Edition), Federal and State Securities Enforcement, and Environmental Crimes and Corporate Liability (2nd Edition).

Since returning to private practice in 1992, Bart has primarily defended government investigations including alleged violations of the False Claims Act.

San Diego Conference Huge Success

NAFUSA’s annual conference was held last week at the Hotel del Coronado in San Diego. Nearly 200 NAFUSA members, spouses, guests, sponsors and speakers enjoyed three days of beautiful weather and the ambience of one of the world’s great hotels.

At the opening reception on Thursday night, NAFUSA honored Deputy Solicitor General Michael Dreeben on his 100 cases argued on behalf of the Department of Justice before the United States Supreme Court. In the photo below, President Greg Vega presents Dreeben with a San Diego Padres jersey to mark his achievement.

Michael Dreeben with Greg Vega

Greg Vega with Michael Dreeben

On Friday afternoon, a tour and picnic lunch was held on the USS Midway, the famous aircraft carrier from WWII. During the lunch, President Vega welcomed Debby  Margolis, wife of David Margolis, and Cheri Margolis, David and Debby’s daughter, who were the guests of NAFUSA for the entire conference. In the photo below, President Vega is presenting Debby with the American flag which was flown over the Department of Justice in David’s honor at the request of NAFUSA.

Greg Vega with Debby and Cheri Margolis

Greg Vega with Debby and Cheri Margolis

On Saturday morning, Vice President Doug Jones presented AUSA Adam Braverman, SDCAL, with this year’s J. Michael Bradford Award as the AUSA of the Year.

Doug Jones with Adam Braverman

Doug Jones with Adam Braverman

The conference closed on Saturday night, with the passing of the gavel from Greg Vega to Bart Daniel, the new president of NAFUSA. Bart announced that the 2017 conference will be held in Washington, DC at the Mayflower Hotel on October 17-21. New York Times Pulitizer Prize winning reporter Charlie Savage then delivered the keynote address.

Charlie Savage at the del Coronado

Charlie Savage at the del Coronado

Margolis Family to Join Us in San Diego

Photo by Katherine Frey/The Washington Post

Photo by Katherine Frey/The Washington Post

David’s wife, Debby, and his daughter, Cheri, will attend the San Diego conference as  honored guests of NAFUSA. David, who passed away on July 12, 2016, was scheduled to be a our luncheon speaker on his 51 years at Justice. Deborah Daniels shared a recent Margolis obituary from The Week. 

As is our custom, an American flag was flown over Main Justice on August 19, 2016, as the request of NAFUSA. It will be presented to Debby and Cheri at the October conference. It represents the high regard in which David was held by his colleagues.