Navigating false claims act risk in light of DOJ’s civil rights fraud initiative

With the Department of Justice’s Civil Rights Fraud Initiative now in effect, federal contractors and fund recipients face heightened scrutiny regarding compliance with civil rights laws. In fact, recent developments will require that such organizations certify they are in compliance with federal anti-discrimination laws as set forth in Executive Order 14173 entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity". These certifications and the ensuing risk of False Claims Act litigation, which can be asserted by the federal government as well as employee-whistleblowers and third parties, will be explored and discussed.  We will provide a review of the False Claims Act, and how the DOJ’s directive seeks to associate the FCA with “illegal DEI” practices.  Additionally, we will focus on key strategies for mitigating risk while maintaining well-intended talent acquisition and equal employment/merit-based opportunity

Speakers:

Dedra S. Curteman

Of Counsel, Washington, D.C. Region

Dedra S. Curteman is of counsel in the Washington, D.C. Region office of Jackson Lewis P.C. As a former Assistant United States Attorney who represented the government in employment disputes, Dedra knows that workplace conflicts involve people and so naturally present complex factual scenarios. She relishes the opportunity to distill intricate patterns for all fact finders to develop persuasive, unassailable arguments leading to optimal outcomes for employers. Dedra has argued over one hundred cases in various courts and served as first and second chair in federal jury and bench trials and leverages this diversified litigation experience to develop advice and litigation solutions for any workplace conflict. In a recent three-year period, she won eight motions to dismiss and summary judgment in employment discrimination and/or retaliation cases for eight different clients. Dedra uses her courtroom experience to develop strong defenses through proactive compliance. Critical now is the experience she brings to government contractors at risk for alleged FCA violations. While Dedra is not shy about taking a case to trial, she is equally eager to help employers pursue their best defenses early on in litigation and utilizes her successful litigation experiences to proactively counsel employers on avoidance strategies

Richard J. Cino

Principal, Berkeley Heights

Richard J. Cino is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He is also co-leader of the firm’s national Corporate Governance and Investigations practice group and EPLI group. Rich has a broad area of practice and responsibility with the firm. He acts as lead counsel on all aspects of employment litigation, including defending claims of whistleblowers under various state and federal laws including the Sarbanes-Oxley Act, sexual harassment, all types of discrimination, retaliation, breach of employment contract, and employment related torts.

William Jackson

Principal, Norfolk

William “Billy” Jackson is a principal in the Norfolk, Virginia, office of Jackson Lewis P.C. He helps clients navigate federal and state government investigations and enforcement actions and conducts internal investigations for companies grappling with allegations of misconduct. Billy's practice uniquely combines investigative, litigation, regulatory, corporate and government-engagement experience to provide creative solutions for clients seeking guidance when there is no road map. He also has a background in white collar criminal defense, criminal and civil RICO, and cases involving the False Claims Act