Partners James McCullough and John Boese quoted, <i>BNA Federal Contracts Report</i>,

Partners James McCullough and John Boese quoted, BNA Federal Contracts Report, "Special Report"

In its August 17th "Special Report," the BNA Federal Contracts Report covered the American Bar Association's meeting in Atlanta, where, on August 8th, a panel of the Section of Dispute Resolution discussed the use of ADR to resolve False Claims Act cases. "Moderated by James McCullough of Fried Frank, Washington, D.C., the panel included...John Boese of Fried Frank, who has represented numerous qui tam defendants and written extensively on the subject....Boese said he frankly '[doesn't] want subject matter expertise.' He said he prefers someone 'who will sit down and listen to the facts of a case,' and take a 'fresh approach.'"....Another aspect of FCA litigation that complicates ADR efforts is the involvement of multiple relators (qui tam plaintiffs), each of whom is represented by counsel, Boese observed. Still another issue to consider, Boese said, is when does a settlement become a liability on the part of a publicly traded corporation - at the time a settlement offer is made? Under the heightened disclosure requirements of the Sarbanes-Oxley Act, it is unclear at what stage in the proceedings the potential/actual liability need be disclosed, he noted."