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American Health Lawyers Association Fraud and Compliance Forum


Attendees will have the opportunity to: 

  • Gain a greater understanding of regulations (Stark, False Claims Act, Anti-Kickback Statute) and enforcement efforts in these areas 
  • Learn how emerging regulatory trends, recent case law and legislative development will affect legal and compliance practices in health care
  • Network with peers and learn about the challenges and risk areas faced by plans and providers

On September 28, Keker & Van Nest Partner Ben Berkowitz will present: Defending FCA Lawsuits Based on the “Swapping” Theory of Anti-Kickback Liability

  • The OIG’s swapping analysis under the federal Anti-Kickback Statute (AKS)
  • The key federal decisions on liability under the federal False Claims Act (FCA) and AKS for alleged swapping arrangements 
  • Key defenses to FCA and AKS liability premised on alleged swapping arrangements 
  • Effective summary judgment and trial strategies in swapping cases

For a complete agenda and registration information, please visit the brochure at this link

About Ben Berkowitz
Mr. Berkowitz litigates high-stakes business and intellectual property disputes on behalf of clients ranging from Fortune 100 companies to Silicon Valley startups. His practice focuses on helping clients in three core areas: intellectual property litigation, complex business disputes, and government investigations. Mr. Berkowitz is an experienced litigator and an aggressive advocate who has won numerous civil and criminal cases, including as lead counsel in more than a half-dozen jury trials. He also has a track record of winning cases early in litigation and before trial though effective motion practice.