(Recorded Webinar) Industry Update: The Impact of The Supreme Court’s Recent Ruling on False Claims Act Liability and Risk for Federal Grantees

Duration: 60 minutes
Recorded on: 06/15/2023

Join Feldesman attorneys Mindy B. Pava and Rosie Dawn Griffin to discuss the impact of the Supreme Court’s recent decision in a consolidated False Claims Act matter — U.S. ex rel. Schutte v. SuperValu Inc. and U.S. ex rel. Proctor v. Safeway — on federal grantees navigating fraud and compliance risk on a day-to-day basis. Under the federal False Claims Act — and many state analog Acts — a defendant is liable for submitting a false claim to the government only if it acted “knowingly,” which the law defines to include actual knowledge, deliberate ignorance, or reckless disregard. At issue in the landmark SuperValu/Safeway litigation was the extent to which a defendant’s “subjective intent” is relevant to the statute’s knowledge standard. In issuing its decision on June 1, a unanimous Court instructed the lower court to analyze defendants’ subjective beliefs in determining False Claims Act liability, rejecting the Seventh Circuit’s conclusion that an “objectively reasonable” interpretation of an ambiguous law or policy can defeat liability.

In this Industry Update, Ms. Pava and Ms. Griffin will cover False Claims Act fundamentals, provide an overview of the case, and analyze the decision’s impact on federal grantees, with a focus on translating the Court’s legal language and hypotheticals to the day-to-day compliance challenges grantees face in navigating federally-funded environments.

Target Audience

  • CEOs, COOs, CMOs, CFOs
  • Health Center Medical Directors and Clinical Staff
  • Risk Managers/Compliance Officers
  • Grants Managers
  • In-House Legal Counsel

Learning Objectives

After this webinar, you will be better able to:

    • Translate the Supreme Court’s recent decision on the False Claims Act’s knowledge standard to the day-to-day compliance challenges inherent in a federally-funded environment
    • Understand the structure, purpose, and use of the False Claims Act, in particular the Act’s “scienter” or knowledge standard, which imposes liability not only for actual knowledge of fraud or falsity but also for deliberate ignorance and reckless disregard
    • Discuss potential future implications of the decision on grantees’ compliance strategies designed to prevent potential FCA liability
    Course summary
    Available credit: 
    • 1.00 Certificate of Attendance
    Course opens: 
    Course expires: 

    Rosie Dawn Griffin

    Serving as Counsel in the Federal Grants, Health Law, Litigation, and Government Contracts practice groups, Rosie counsels and litigates on behalf of a diverse group of federal grant recipients, including Federally Qualified Health Centers and Head Start programs. Ms. Griffin also defends clients across a wide range of business sectors facing investigations and litigation under the False Claims Act and similar statutes. Ms. Griffin brings deep knowledge to this work, and a unique perspective, having worked for many years at an elite relator’s side firm representing whistleblowers in False Claims Act cases. Her years of False Claims Act experience allow her to guide clients through all phases of a government investigation, from responding to civil investigative demands and subpoenas through litigation. [Full Bio]

    Mindy B. Pava

    Mindy serves as Counsel in the firm’s Litigation & Government Investigations, Health Care and Education practice groups, where she focuses her practice on advising federal grantees (including health centers) as they navigate all facets of administrative and judicial review. A seasoned litigator, she also represents organizations in health care and other industries in responding to civil investigative demands and federal subpoenas. [Full Bio]

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    Available Credit

    • 1.00 Certificate of Attendance


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