Robert Salcido, Akin Gump

Tell us about your biggest trial win from January 2017 to July 2018 and how you achieved the result for your client.

My biggest trial win occurred in United States ex rel. Ruckh v. Salus Rehab, where the trial court (the Middle District of Florida), after jury verdict, granted defendants judgment as a matter of law in a False Claims Act case.

Because the FCA provides for treble damages and substantial civil penalties, plaintiff's inclination is to overreach and attempt to construct damage and liability theories vastly disproportionate to the evidence.

The key to success was having a deep-seated knowledge of the case law to expose, during trial, that the evidence did not satisfy the elements that the plaintiff must establish to prevail at trial.

Share two trial tips that have been key to your success.

1. Work backwards from the proposed jury instructions or contemplated conclusions of law to plan each event at trial to expose how the plaintiff's proof is inadequate.
2. Listen carefully to the judge's asides at pretrial conferences and during evidentiary rulings at trial because it will dramatically assist in how you present your case.