False Claims Act Pre-trial Strategy (Presented by the Federal Bar Association Qui Tam Conference 2025 sponsor Kang Haggerty)

Ross M. Wolfe, Associate | Kang Haggerty LLC

Ross M. Wolfe is an associate at Kang Haggerty LLC where he focuses his practice on whistleblower actions under the False Claims Act and commercial litigation. He works with relators from intake through the conclusion of the case, helping them navigate the unfamiliar process a relator must navigate. Ross also represents whistleblowers who have suffered retaliation by their employers as a result of their whistleblower activities.

Nicomedes Sy Herrera, Litigator | Herrera Kennedy LLP

Nicomedes Sy Herrera is a strategic litigator with over 27 years of experience handling complex, high-stakes business and trade disputes, specializing in qui tam and antitrust litigation. Mr. Herrera has spearheaded groundbreaking billion-dollar qui tam lawsuits against major pharmaceutical companies, alleging fraudulently procured patents to block generic competition. These pioneering cases assert that such practices unlawfully inflated drug prices paid or reimbursed by federal and state agencies.

In addition to his litigation practice, Mr. Herrera has held senior executive and general counsel roles at prominent financial services firms in New York and Chicago. Notably, he served as Vice President and General Counsel of Corridor Capital Group Holdings, LLC, and its spin-off entities. He also serves or has served on the boards of various charities and co-founded the Pope Francis Legal Help Center in the Diocese of Oakland.

Mr. Herrera graduated from Columbia College in 1994 and Columbia Law School in 1997. He is admitted to the Bars of California, New York, and Florida.

Erin Lindgren, Assistant U.S. Attorney | Eastern District of Pennsylvania

Erin Lindgren is an Assistant U.S. Attorney in the Eastern District of Pennsylvania, where she has handled a number of significant investigations and settlements under the False Claims Act, including securing a $44 million settlement against a remote cardiac monitoring company for fraudulent billing practices and a significant settlement with a psychiatrist for overbilling Medicaid through inadequate patient consultations. Prior to joining the U.S. Attorney’s Office, Erin was hired into the Attorney General’s Honors Program in the Tax Division for the Department of Justice. While at the Tax Division, Erin served as Counsel to the Acting Assistant Attorney General, and received the Outstanding Trial Attorney award and two Special Commendations. Erin clerked for the Honorable Juan R. Sánchez of the Eastern District of Pennsylvania. Erin received her J.D. from the Temple University Beasley School of Law, with honors, and her B.A. from the University of Southern California, with honors.

Emily McGowan, Partner | Alston & Bird LLP

Emily McGowan helps health care companies handle complex enforcement and litigation matters. She regularly defends clients in False Claims Act and Anti-Kickback Statute investigations and assists managed care organizations, pharmacy benefit managers, and drug manufacturers in high-stakes government enforcement actions and related litigation. She counsels clients on issues involving Medicare Advantage, including sales and marketing compliance, risk adjustment, and prior authorization.

Emily also handles investigations and inquiries into the use of artificial intelligence in health care. Emily has been ranked in Chambers USA since 2020 and is currently Band 1 in North Carolina for Litigation: White Collar Crime & Government Investigations.

I. Evaluating a potential FCA case, preparing the initial disclosure, complaint, and post-filing disclosure | 2:00pm – 2:15pm

II. Interactions with the government during its investigation | 2:15pm – 2:30pm

III. Advising your client during the government’s investigation | 2:30pm – 2:40pm

IV. Defending and pursuing declined FCA litigation | 2:40pm – 2:50pm

V. Settlement strategies with the government and relators | 2:50pm – 3:00pm