Experience

Defense of Clinical Laboratory in False Claims Act (FCA) Investigation

Client: Clinical Laboratory

Defended a clinical laboratory in civil and criminal investigations by the Department of Justice, U.S. Attorney’s Office for the Northern District of California, Office of Inspector General, Federal Bureau of Investigation, and the California Department of Insurance related to inappropriate sales and marketing activities, phlebotomy payments, and other kickbacks. Civil and criminal investigators declined to intervene in the matter against the company.

Represented Electronic Health Records Company During Health Care Fraud Investigation

Client: Electronic Health Records Company

Represented an electronic health records and billing vendor in a government investigation by the U.S. Attorney’s Office for the Eastern District of Pennsylvania related to false claims submitted by and on behalf of a client health care professional. The matter was successfully resolved for the client.

Health Care Services Cleared of False Claims Allegations

We represented a health care services business that provided billing services to physicians groups and emergency rooms after a false claims act (FCA) suit was filed alleging the company had improperly coded and overcharged government health care services, including Medicare and Medicaid, by millions of dollars. We did our own analysis of the company’s records while working closely with the U.S. attorney’s office as well as the U.S. Department of Health and Human Services and found an explanation for the company’s coding and charges. As a result of our investigation no criminal charges were filed and the civil suit was not pursued.

Obtained Dismissal of False Claims Act Case

Our attorneys represented a Department of Energy contractor in a qui tam suit alleging wide-ranging false claims, conspiracy and retaliation in connection with reporting on environmental, health and safety requirements. The district court dismissed the case in its entirety prior to discovery. After the relator appealed, the Fourth Circuit dismissed the appeal of the qui tam and conspiracy claims and affirmed dismissal of the retaliation count.

Obtained Dismissal under False Claims Act’s First-to-File Rule

Our attorneys defended a federal contractor in a qui tam lawsuit alleging fraud and concealment with regard to records relating to worker radiation exposure at a uranium enrichment facility. The relator asserted that the contractor for many years altered and submitted false documents to increase its payments under the pertinent contracts. The district court dismissed the case without discovery, and the Sixth Circuit affirmed.

Obtained Summary Judgment on False Claims Act Case Against NASA Contractor

Our attorneys defended a contractor against qui tam and retaliation allegations relating to the construction of the external tank on the space shuttle. The relator asserted damages of over $2 billion. The court granted summary judgment for our client on all claims and dismissed the case in its entirety.

Obtained Dismissal of False Claims Act Lawsuit Under Rule 9(b)

Our attorneys defended a Department of Defense contractor in a qui tam lawsuit alleging that the contractor provided defective products to the United States Air Force. The district court dismissed the case in its entirety prior to discovery based on the relator’s failure to plead with the particularity required by Fed. R. Civ. P. 9(b). The Eleventh Circuit affirmed dismissal.

Dismissal and Enforcement of Release in False Claims Act Case

Our attorneys represented a government contractor in a qui tam suit brought by two relators alleging fraud and mismanagement in connection with several federal programs. The district court dismissed the complaint in its entirety without any discovery. The court also enforced a release signed by one of the relators while the case was pending under seal.

Obtained Favorable Settlement for Home Health Care Provider

Our attorneys represented a home health care provider in a qui tam lawsuit alleging fraudulent inducement of a contract to provide respiratory therapy equipment, supplies, and services to VA patients. Our client retained us after the court denied a motion to dismiss and costly discovery was underway. Our attorneys were able to obtain a fast and favorable settlement that allowed our client to continue its business.

Represented Department of Defense Contractor in Litigation about the Scope of the pre- and post-FERA False Claims Act

Our attorneys represented a Department of Defense contractor in multiple appeals concerning the scope of the FCA’s liability provisions as applied to subcontractors and the effect of the Fraud Enforcement and Recovery Act amendments to the FCA’s liability provisions on pending cases.

Obtained Dismissal of False Claims Act Case Alleging Fraudulent Inducement of Department of Energy Contract

Our attorneys represented a Department of Energy contractor in a qui tam lawsuit alleging fraudulent inducement of a contract to refurbish the spin rocket motor in the B61 thermonuclear bomb. The district court dismissed the relator’s claims after limited discovery.

Obtained Dismissal of False Claims Act Case Regarding Employee Overtime

Our attorneys represented a defense contractor in a qui tam suit alleging fraudulent government billings relating to unearned employee overtime. The district court granted our motion to dismiss the relator’s FCA claims prior to discovery.

Subpoena and Internal Investigation in False Claims Act case Involving Medicaid Drug Rebates

Our attorneys represented a major pharmaceutical distributor in a qui tam case involving the alleged failure to pay Medicaid rebates for repackaged drugs. All of the relator’s claims were dismissed.

Obtained Summary Judgment on False Claims Act case against Small Business and Sanctions Against Relator’s Counsel

We defeated a qui tam suit alleging fraudulent inducement of a contract alleging misrepresentations relating to the capabilities and characteristics of the contractor’s product. The district court granted summary judgment and ordered the relator and his attorneys to pay our client’s attorneys’ fees and the Sixth Circuit affirmed.

Obtained Favorable Settlement in Intervened False Claims Act Case Alleging Violation of Environmental Laws

Our attorneys represented a Department of Energy contractor in an intervened FCA lawsuit alleging the submission of false claims and statements associated with the contractor’s compliance with environmental statutes and regulations. After more than a decade of litigation, the government agreed to settle the case for less than one percent of its initial damages calculation.

Successfully Resolved Intervened False Claims Act Case Against Department of Defense Contractor Involving Multiple Relators

Our attorneys represented a federal contractor in an intervened FCA lawsuit arising out of multiple qui tam suits alleging that the contractor acted recklessly by failing to oversee and discover the fraudulent activities of one of its suppliers. The attorneys obtained dismissal of one relator under the FCA’s first-to-file rule at both the district court level and in the Fifth Circuit. They also successfully defeated an early motion for summary judgment brought by the Department of Justice on its common law claim premised on an alleged violation of the cost-plus-percentage-of-cost prohibition. After Court denied the Government’s motion for summary judgment, the case settled for a fraction of the Government’s alleged single damages.

Assistance with Internal Investigations, Government Investigations and Subpoenas

We regularly assist and advise companies with internal investigations in response to whistleblower complaints, internal reports of wrongdoing, and inquiries from federal agencies. We also routinely represent companies that have received a DOJ or IG subpoena, working quickly to respond to the subpoena and investigate the likely allegations. We have persuaded the Government to decline intervention in numerous sealed qui tam actions.

Defense of Pharmaceutical Company in False Claims Act (FCA) Lawsuit

Client: Pharmaceutical Company in False Claims Act Lawsuit

Defended a global pharmaceutical company in a False Claims Act investigation involving five qui tam complaints related to the sales, marketing, and promotional activities for several drugs in the company’s product portfolio. Criminal and civil investigators from multiple federal agencies were involved in the investigation, including the U.S. Attorney’s Office for the District of Massachusetts, U.S. Food and Drug Administration (FDA), Veterans Administration (VA), and Federal Bureau of Investigation (FBI). The matter included document collection from more than 1,800 employees, witness interviews, and presentations to investigators. I negotiated a civil settlement agreement with the Department of Justice, settlement agreement and release with the lead qui tam relator, civil settlement agreements with the National Medicaid Fraud Control Unit team and individual states, and a corporate integrity agreement (CIA) with the U.S. Department of Health and Human Services Office of Inspector General (OIG).

Defense of a Supplier Through a Health Care Fraud Investigation

Defended a DME supplier in an extensive federal criminal/civil health care fraud investigation involving the alleged submission of false claims (FCA) to the federal and state health care programs by upcoding, improperly using billing modifiers, and other allegedly fraudulent billing practices. The matter was resolved with civil payback and client avoided criminal penalties.

Defense of Academic Medical Center in False Claims Act (FCA) Lawsuit

Representation of an academic medical center in a False Claims Act qui tam lawsuit alleging improper billing practices. The client was operating under a CIA at the time of the representation. The matter was resolved favorably for our client after extensive discovery, with no extension of the length of the CIA and no press release issued by the federal government.

False Claims Allegations Against Client Dismissed

Representation of an academic medical center in a False Claims Act (FCA) lawsuit involving allegations that the hospital lacked documentation to support its cost reports for GME expenses. The government declined intervention and the FCA claims were ultimately dismissed with prejudice without any payment.

Defended a Large Academic Medical Center Physician Practice in False Claims Act (FCA) Lawsuit

Representation of a large academic medical center physician practice in a False Claims Act lawsuit alleging improper referral arrangements among area hospitals and our physician practice client. The matter resolved for nuisance value with no CIA or other penalty imposed on our client.

Defense of National Physician Practice in False Claims Act (FCA) Lawsuit

Representation of a national physician practice in a False Claims Act lawsuit involving emergency department billing practices. The government declined intervention and the relator quickly abandoned prosecution of the case.

Represented Home Health Agency During Health Care Fraud Investigation

Representation of a Kentucky home health agency in a dual investigation by the Eastern District of Kentucky U.S. Attorney’s Office and Kentucky Medicaid into alleged improper mail order supply business, operating without a Certificate of Need and other claims. The investigation was closed without either agency taking any adverse action against the client.

Conducts Internal Investigations Relating to Potential Health Care Fraud and Business Conduct for Clients

Conducts internal investigations relating to potential health care fraud and other business conduct for clients across the health care spectrum, including a large health insurer, national long-term care and other providers, hospitals, physician practices, ambulance providers, therapy services providers, community mental health providers, DME suppliers, pharmaceutical and medical device manufacturers, laboratories, and others.

Represented Medical Device Company in Connection with Internal Investigation and Self-Disclosure to Government Regulators

Client: A Medical Device Company

Conducted an internal investigation for a medical device manufacturer of a compliance matter reported to the company and its board of directors. Further represented the company in a self-disclosure of the matter to the U.S. Department of Health and Human Services Office of Inspector General (OIG).

Represented Skilled Nursing Facility in False Claims Act (FCA) Investigation

Client: A Skilled Nursing Facility

I defended a skilled nursing facility and its parent company in a False Claims Act matter alleging the submission of false claims for rehabilitation therapy provided by the facility’s contracted rehabilitation therapy provider. Representation included the negotiation of a civil settlement agreement with the Department of Justice. No corporate integrity agreement was required by the Office of Inspector General.

Represented Global Pharmaceutical Manufacturer During Health Care Fraud Investigation

Client: A Pharmaceutical Manufacturer

Defended a foreign-based global pharmaceutical manufacturer in a multi-jurisdiction (federal and state) government investigation of sales, marketing, and research activities. Client was dismissed from the False Claims Act (FCA) qui tam action, and intervention proceeded against their co-promote partner only.