Morgan Lewis litigation partner Eric W. Sitarchuk along with fellow panelist Dana Watts, Counsel at Miller & Chevalier, will discuss how the fiscal year 2020 was record-breaking for new FCA actions, with 922 new referrals, investigations, and qui tam actions. In addition to the usual customs-related risk areas – applicability of antidumping and countervailing duties orders, misclassifications, incorrect country of origin declarations, use the use of free trade agreements and other special duty provisions – Sections 232 and 301 tariffs have increased FCA risk in recent years.

The panel will guide counsel, compliance personnel, and other interested parties on the increasing False Claims Act risk in the international trade context; examine recent FCA developments and the increased exposure will offer best practices and discuss what actions companies can take to mitigate these risks.