False Claims Act and Qui Tam

Representative experience

Won dismissal of qui tam complaint brought against a major pharmaceutical company surrounding “off-label” uses not approved by the Food and Drug Administration (FDA).

Won dismissal of qui tam complaint against a national health insurer and its subsidiary alleging kickbacks to providers for referrals of dual-eligible Medicare and Medicaid beneficiaries for plan enrollment.

Won dismissal of a qui tam complaint filed against a national finance corporation, alleging company fraudulently obtained over US$4.6bn in loans from the Federal Financing Bank and Farmer Mac.

Settled qui tam claim against major pharmaceutical companies alleging engagement in a scheme to misidentify certain “innovator” drugs as “non-innovator” to reduce Medicaid rebates owed to states.

Successful settlement of FCA claim around research and development of solar technology under contracts with the National Renewal Energy Laboratory, the Department of Energy, and the Department of Defense (DOD).

Won dismissal of qui tam complaint brought by an internal whistleblower against a state university, alleging false and inflated payments of employee fringe benefit costs.

Successful defense of leading research institutions in an FCA investigation involving multiple federal agencies and over US$1bn of federal funding.

Won dismissal of qui tam complaint brought against a state student loan authority relating to student loan subsidies. Dismissal affirmed by the United States Court of Appeals for the Fourth Circuit.

Quashed civil investigative demand served by state attorney general on state university seeking academic records for claimed investigation under state FCA statute. Sustained on appeal to state Supreme Court.

Successful settlement of an FCA claim involving DOD contracts for research and development of aircraft surveillance technologies.

Won summary judgment for a major laboratory company in qui tam complaint alleging improper billing and marketing practices, as well as claimed violations of the federal Anti-Kickback Statute and the Stark Law.

Won dismissal of qui tam complaint alleging that a large academic medical center’s methodology for compensating employed neurosurgeons violated the Stark Law.

Won summary judgment for university in qui tam complaint accusing its anesthesiologists of billing for services they didn't provide.

Represented large health benefits company in responding to a government investigation precipitated by a qui tam complaint, culminating in the government’s decision not to intervene and in a relator’s dismissal.

Representing clients, from hospitals to clinical laboratories, in self-disclosures submitted to the OIG (under the SDP) and CMS (under the SRDP).

Won nine motions for summary judgment defeating allegations in declined qui tam that a pharmaceutical manufacturer engaged in off-label promotion and Anti-Kickback Statute violations to generate drug sales.

Negotiated settlement for consumer products company around FCA violations based on alleged failure to pay Tariff Act duties.

Defended medical device company in an FCA qui tam case, in which a manager sought damages for alleged kickbacks to physicians.