Bob Rhoad

Partner

  • Frequent speaker, author, and commentator on False Claims Act issues

  • Former Navy Judge Advocate/Lieutenant Commander

  • “Super Lawyer” by Super Lawyers® in Civil Litigation and “Top Lawyer” by Washingtonian Magazine in the Litigation Whistleblower (Defense) Category

About

Bob Rhoad is a trial lawyer with over 25 years of experience representing clients in complex, high-stakes criminal and civil matters. Bob’s practice primarily focuses on cases involving allegations of fraud in the government contracting and health care industries brought under the federal False Claims Act and state false claims laws, but it extends to a broad range of both white-collar criminal and complex civil litigation matters.

Prior to joining Nichols Liu, Bob was a Partner at Sheppard Mullin Richter & Hampton LLP, Crowell & Moring LLP, and Porter Wright Morris & Arthur LLP.  Prior to entering private practice, he served in the Navy Judge Advocate General’s (JAG) Corps, gaining significant trial experience as Lead Counsel in numerous felony criminal and complex civil cases, including serving as Lead Agency Counsel for the Navy working with U.S. Attorney Offices throughout the country. He attained the rank of Lieutenant Commander and received numerous awards for his service.

Bob is very active in Bar activities, and currently serves as Chair of the American Bar Association Health Law Section’s Editorial Board.  He also taught litigation and trial courses as an Adjunct Professor at The George Washington University Law School for over 12 years and has presented at numerous national conferences and has published scores of articles.

In recognition of his success, among other accolades, Bob has been named as a “Super Lawyer” by Super Lawyers® in the Civil Litigation category and as a “Top Lawyer” by Washingtonian magazine in the Whistleblower (Defense) category.

Education

  • The George Washington University Law School, LL.M., summa cum laude, 1999
  • Vermont Law School, J.D., 1994
  • University of Vermont, B.A., 1989

Bar and Court Admissions

  • Supreme Court of the United States
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Armed Forces
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Southern District of Illinois
  • U.S. Court of Appeals for the Armed Forces
  • U.S. Court of Federal Claims
  • U.S. Tax Court
  • District of Columbia
  • State of Vermont (inactive)

Accolades

  • Super Lawyers (Civil Litigation)
  • Washingtonian “Top Lawyers” (Whistleblower Defense)
  • Legal 500 (White Collar Criminal Defense and Corporate Investigations and Government Contracts)
  • Acritas “Star Lawyer,” 2018
  • Burton Award for Outstanding Legal Writing (2015)
  • Navy-Marine Corps Commendation Medal (two awards), Navy-Marine Corps Achievement Medal, Military Outstanding Volunteer Medal, National Defense Medal, Pistol Expert Medal

Client Testimonials

“Based on my 38 years of practice hiring domestic and international legal counsel, I can confidently give my highest recommendation to Bob Rhoad of Nichols Liu. Bob is a renowned expert in FCA law and displays his expertise in both the board room and the court room. It is rare to find a lawyer with the grounding in complex legal theory accompanied by the well-honed skills of an elite litigator. Of additional importance, he can translate seemingly obtuse legalese and procedure for C-suite executives while providing bold recommendations impacting a company’s business environment. When high stakes danger is lurking outside the corporate office, this is the guy you want in your corner.”

– Steve O’Brien, General Counsel
Gallup, Inc.

“Over the last 20+ years, I have worked with Bob on several complex cases.  Although I know he is busy, in every matter, Bob gives his undivided attention to the legal and factual issues in the case and finds an approach to achieve a fair outcome.  His success with the companies where I have worked in-house is remarkable.  In one large FCA investigation involving multiple parties, Bob was able to get the Government to drop my client from its case altogether.  In two other FCA matters filed by relators, he was able to get my client out of the cases on motions to dismiss.  Bob is a remarkable litigator who will bring the right resources and strategy to any case in which you place your trust in him.”

–  Mitchell S.Y. Cohen, EVP; General Counsel
Vituity (f/k/a CEP America)

“The significant FCA accomplishments regularly attained by Bob Rhoad for healthcare industry clients is unparalleled.  He is an extraordinary litigation strategist and boasts a well-deserved record as a trailblazer in FCA litigation.  Bob consistently demonstrates an intimate understanding of his client’s businesses and goals and exceeds those goals with superlative success.  The Nichols Liu firm is the firm any healthcare system should turn to in bet-the-company FCA litigation.” 

– Nicholas W. Romanello, SVP, General Counsel, and Chief Risk Officer
Health First, Inc.

Practice & Expertise

  • False Claims Act
  • Health Care
  • Government Contracts
  • Antitrust and Competition
  • White Collar Defense and Corporate Investigations
  • Public Policy and Government Affairs
  • Investigations, Litigation, Trial, and Appeals

Experience

Representative False Claims Act (FCA) Matters (Procurement/Non-Health Care)
• Represented pump manufacturer, Moving Water Industries Corporation (MWI), at trial and on appeal to victory against Government in long-running False Claims Act/qui tam case involving the Export-Import Bank of the United States (Ex-Im). Lead Defense/Trial/Appellate Counsel for MWI in connection with FCA/qui tam case alleging fraud related to submissions to Ex-Im, which financed loans to several Nigerian states for their purchase of pumping/irrigation equipment from MWI in the early 1990s. The case was originally filed in 1998. In 2002 (following grand jury proceedings resulting in no criminal indictment), the Government intervened in the civil FCA/qui tam action, seeking trebled damages in excess of $222 million. During the month-long jury trial in 2013, the Government’s common law claims were dismissed with prejudice and the trial resulted in a judgment of zero ($0) damages, notwithstanding a finding of liability as to one FCA count. The Government appealed the judgment on damages and MWI cross-appealed on liability. In 2015, following a marathon-long (two hour) oral argument at the D.C. Circuit (at which Mr. Rhoad argued in support of MWI’s cross-appeal challenging the liability judgment), the D.C. Circuit reversed and remanded the liability finding against MWI with instructions for the district court to enter judgment in favor of MWI (obviating the need to address the appeal by the Government on damages). The Government’s petitions for rehearing and rehearing en banc were denied as was the relator’s petition for a writ of certiorari to the Supreme Court. United States ex rel. Purcell v. MWI Corp., 15 F. Supp. 3d 18 (D.D.C. 2014); United States ex rel. Purcell v. MWI Corp., 807 F.3d 281 (D.C. Cir. 2015), reh’g en banc denied, cert. denied, 137 S.Ct. 625 (2017).
• Represented environmental remediation company, USA Environmental, Inc. (USAE), in False Claims Act/qui tam case involving U.S. Army contract for ordinance disposal in Iraq. Lead Defense/Appellate Counsel for USAE in FCA/qui tam case alleging both fraud by USAE in conjunction with its contract with the U.S. Army to dispose of unexploded ordinance in Iraq and unlawful retaliation against the relator (“whistleblower”). The Government did not intervene. All fraud claims were dismissed with prejudice upon USAE’s motion to dismiss. Amended complaint was then filed on retaliation claim, which was dismissed with prejudice upon USAE’s renewed motion to dismiss. Judgment entered in favor of USAE and against the Relator on all claims alleged. Affirmed by 11th Circuit on appeal following oral argument. United States ex rel. Patricia Howard v. USA Environmental, Inc., Case No. 8:06-cv-00027 (M.D. Fla.) (2009 WL 113444 (dismissing FCA fraud claims with prejudice and FCA retaliation claim without prejudice), 2009 WL 652433 (dismissing FCA retaliation claim and entire case with prejudice)); United States ex rel. Patricia Howard v. USA Environmental, Inc., No. 09-11866 (11th Cir. 2010) (per curiam decision affirming dismissal with prejudice) (March 5, 2010).
• Representing former employees and independent contractor of Symantec Corporation (n/k/a Norton LifeLock) in False Claims Act/qui tam case alleging False Claims Act violations and common law claims related to the sale of Government Services Administration (GSA) scheduled products and services. Lead Defense Counsel for multiple former Symantec Corporation employees and independent contractor in connection with FCA/qui tam case alleging fraud related to the sale of products and services under GSA schedule. The Government intervened and trial is pending. United States ex rel. Lori Morsell v. Symantec Corporation, Case No. 1:12-cv-00800-RC (D.D.C.).
• Represented international analytics and advisory firm, The Gallup Organization (Gallup), in parallel criminal and civil proceedings involving a False Claims Act/qui tam case. Lead Defense Counsel for Gallup in FCA/qui tam case involving parallel criminal and civil proceedings, including allegations of violations of 18 U.S.C. § 207 (conflicts of interest), 18 U.S.C. § 287 (criminal False Claims Act), 41 U.S.C. § 423 (Procurement Integrity Act) and the civil False Claims Act. The False Claims Act claims alleged improper bid pricing in connection with nearly 30 different contracts with eight separate federal agencies and sought trebled damages in the nine-figure range. The Government intervened only as to claims related to three contracts with two federal agencies. Criminal allegations successfully resolved through non-prosecution agreement; civil False Claims Act allegations successfully resolved just prior to filing of motions to dismiss for a small fraction of alleged single damages; and previously imposed suspensions were successfully lifted. United States ex rel. Michael Lindley v. The Gallup Organization, Case No. 1:09-cv-01985-EGS (D.D.C.).
• Represented Defense contractor, ManTech International Corporation (ManTech) in False Claims Act/qui tam case alleging fraud under Department of Defense (DOD) contract performed in Afghanistan. Lead Defense Counsel for ManTech in FCA/qui tam action alleging fraud related to DOD contract for maintenance of armored vehicles in Afghanistan. The Government did not intervene and the case was dismissed. United States ex rel. Joseph Morgan v. ManTech International Corporation, et al., Case No. 1:13-cv-01289-TSC (D.D.C.) (Order, September 4, 2014).
• Represented individual principals in False Claims Act case alleging fraud in connection with U.S. Small Business Administration’s (SBA) Small Business Investment Company (SBIC) Program. Lead Defense Counsel for individual defendants in FCA case alleging fraud under the SBA SBIC Program. The FCA case was brought in connection with separate receivership and tort actions against these and other defendants. Following litigation, the FCA were resolved successfully as part of a global resolution of all pending actions, including the receivership action for which judgment had previously been entered and for less than the judgment previously imposed. United States v. John B. Torkelsen, et al., Case No.2:06-CV-05674 (E.D. Pa.).
• Represented national telecommunications firm, Avaya, in False Claims Act/qui tam retaliation case related to the sale of Government Services Administration (GSA) scheduled products and services. Lead Defense Counsel for Avaya in FCA/qui tam retaliation case involving claim of retaliation for the reporting of alleged false claims in connection with the provision of voice-mail services for several Government agencies. The Government did not intervene. Retaliation claims settled for nuisance value and dismissed with prejudice. United States ex rel. _____ v. _____ (under seal) (C.D. Cal.).
• Represented national, publicly chartered, private corporation, Brand USA, in False Claims Act/qui tam retaliation case involving alleged fraud under federal charter/programs. Lead Defense Counsel for Brand USA in FCA/qui tam retaliation case involving claim of retaliation for the reporting of alleged false claims. The case was settled for nominal amount and dismissed following the filing of a motion to dismiss. Mary Ellen Curto v. The Corporation for Travel Promotion (d/b/a Brand USA), (Case No. 1:14-cv-01670-KBJ) (D.D.C.).
• Represented national insurance company, Zurich American Insurance Co. (Zurich), in False Claims Act/qui tam case alleging fraud in connection with grants awarded under the American Recovery and Reinvestment Act of 2009 (ARRA). Lead Defense Counsel for Zurich in FCA/qui tam case alleging fraud related to grant funding for a renewable energy project under the ARRA. The Government did not intervene. All claims were dismissed with prejudice upon motions to dismiss and appeal to the D.C. Circuit was also dismissed upon motion. United States ex rel. Prescott Lovern v. The Prudential Insur. Co. Of America, et al., Case No. 1:12-cv-00704 (D.D.C.) (Minute Order, January 22, 2014); United States ex rel. Prescott Lovern v. Deutsche Bank Trust Co. Americas, et al., No. 14-7186 (D.C. Cir.) (per curiam opinion, May 6, 2015).
• Represented radio broadcaster/broadcast company, Dr. Cesta Newman and Newman Broadcasting, Inc., in connection with False Claims Act action alleging fraud in connection with bidding credits awarded through an application for a broadcasting awarded by the Federal Communications Commission (FCC). Lead Defense Counsel for Newman Broadcasting and its Founder/President, Dr. Newman in FCA case alleging fraud in connection with the award of bidding credits in FCC “set aside” program. FCA allegations were dismissed with no admission of wrongdoing and no financial settlement by Dr. Newman. United States v. Cesta D. Newman and Newman Broadcasting, Inc., Case No. 16-1169 (D.D.C.).
• Represented international security firm, Custer Battles LLC and its affiliated companies and principles (Custer Battles), in connection with first False Claims Act/qui tam case arising from the Iraq War. Lead Defense/Trial/Appellate Counsel for Custer Battles in FCA/qui tam case alleging fraud in conjunction with two contracts Custer Battles had with the Coalition Provisional Authority (CPA) in Iraq to provide security support services for the Baghdad International Airport (BIAP Contract) and support services for the Iraqi Currency Exchange Program (ICE Contract). Summary judgment granted in favor of the Custer Battles Defendants on all of the FCA fraud claims regarding the BIAP Contract. Judgment as a matter of law was granted in favor of Custer Battles Defendants on all of the False Claims Act fraud claims regarding the ICE Contract following a month-long trial. The Government, which did not intervene in the District Court proceedings, did file a brief and present argument as amicus curiae on appeal to the 4th Circuit. On appeal, the judgment on the BIAP Contract claims was affirmed and the judgment on the ICE Contract claims was reversed and remanded for further proceedings. United States ex rel. DRC, Inc., et al. v. Custer Battles, LLC, et al., 376 F.Supp.2d 617 (E.D. Va. 2005) (granting in part and denying in part summary judgment); United States ex rel. DRC, Inc., et al. v. Custer Battles, LLC, et al., 444 F.Supp.2d 678 (E.D. Va. 2006) (judgment as a matter of law and dismissal of ICE Contract claims); United States ex rel. DRC, Inc., et al. v. Custer Battles, LLC, et al., 472 F.Supp.2d 787 (E.D. Va. 2007) (summary judgment on and dismissal of BIAP Contract claims); United States ex rel. DRC, Inc., et al. v. Custer Battles, LLC, et al., 562 F.3d 295 (4th Cir. 2009).
• Counselled international security firm, Custer Battles LLC and its affiliated companies and principles (Custer Battles), in False Claims Act/qui tam case alleging fraud and improper corporate transfer of Coalition Provisional Authority (CPA) contracts in Iraq. Consulting Counsel for Custer Battles in FCA/qui tam case alleging fraud and improper transfer by Custer Battles, LLC of its contracts with the CPA in Iraq and Iraq assets to an alleged “sham” successor entity to evade the effect of a Government suspension order. The Government did not intervene. While summary judgment motions were pending, the case was dismissed and Relator Mayberry and his counsel were admonished and sanctioned for egregious discovery violations. United States ex rel. Rory Mayberry, et al. v. Custer Battles, LLC, et al., Case No. 1:06-cv-00364-LO-TCB (E.D. Va.).
• Represented national manufacturer of armored military vehicles, O’Gara-Hess & Eisenhardt Armoring Co. (O’Gara-Hess), in False Claims Act/qui tam case alleging fraud related to inspection certifications. Lead Defense Counsel for O’Gara-Hess in FCA/qui tam case alleging fraud related to certifications made in conjunction with up-armoring of military vehicles High Mobility Multipurpose Wheeled Vehicle (HMMWV; colloquial: Humvee) under contract with the Army. The Government did not intervene and the case was dismissed. United States ex rel. _____ v. _____, (under seal) (S.D. Ohio).
• Represented national engineering/construction firm, Valenzuela Engineering, Inc. and its principals (VE), in parallel criminal/civil proceedings involving False Claims Act case related to contracts with the Air Force and Army Corps of Engineers. Lead Defense Counsel for VE in FCA case involving parallel criminal and civil proceedings. VE, which was originally central to the Government’s investigation, was completely vindicated with no indictments or civil settlements with the Government. United States v. Valenzuela Engineering, Inc., (E.D. Cal.).
• Represented an international agricultural development organization (non-governmental organization (NGO) in False Claims Act/qui tam case involving grants issued by United States Agency for International Development (USAID). Lead Counsel for an international agricultural development organization/NGO in FCA/qui tam case alleging fraud in conjunction with contracts/grants with USAID to support various agri-business programs in eastern Europe. The Government did not intervene and the case was dismissed. United States ex rel: _____ v. _____, (under seal) (D.D.C.).
• Represented government contractor/individual in parallel criminal and civil False Claims Act proceedings alleging fraud in connection with the provision of electronic supplies and equipment to the National Aeronautics and Space Administration (NASA). Counsel for individual in parallel criminal and civil proceedings involving alleged fraud conspiracy with contractor related to the provision of electronic supplies, computer equipment, and services to NASA. Individual client was neither indicted nor pursued through civil action by the Government. United States v. Powell, et al., Case No. 00-cr-0054-02 (D.D.C.)

Representative False Claims Act (FCA) Matters (Health Care)
• Representing not-for-profit, fully integrated health care delivery network and health plan, Health First, in connection with False Claims Act/qui tam case based on alleged Anti-Kickback and Stark violations. Lead Counsel for Health First, Inc. and Health First Medical Group, LLC (collectively, Health First). Successfully avoided government (federal and State of Florida) interventions and secured dismissals (with prejudice) multiple complaints in FCA/qui tam action alleging improper manipulation of physician compensation arrangements in violation of the FCA, Florida FCA, Anti-Kickback Statute, and Stark Statute. Motion for recovery of attorneys’ fees and costs remains pending. United States and State of Florida ex rel. Omni Healthcare, Inc. v. Health First, Inc., et al., Case No. 6:19-cv-2237 (M.D. Fla.).
• Representing national physician-led and physician-owned partnership providing physicians, advanced providers, and industry professionals for Emergency Department staffing, Vituity, in connection with False Claims Act/qui tam case based on alleged Anti-Kickback, and Stark violations involving Medicare, TRICARE, CHAMPVA, FEHBP, and Medicaid. Lead Counsel for Vituity (f/k/a CEP and MedAmerica). Successfully avoided government interventions and secured dismissal of claims against client in FCA/qui tam case alleging improper compensation and referrals in violation of the FCA, California False Claims Act, Anti-Kickback Statute, and Stark Statute. United States and State of California ex. rel. Laurie M. Hanvey v. Sutter Health, et al., Case No. 14-cv-04100 (N.D. Cal.).
• Represented pharmaceutical marketing company and its owner in connection with federal criminal investigation/prosecution of alleged fraud under criminal False Claims Act and various other criminal statutes involving alleged fraudulent reimbursement from TRICARE for compounded pharmaceutical products. Successfully represented pharmaceutical marketing company and its owner (as witness) in connection with federal criminal investigation/prosecution of a dispensing pharmacy and its owner charged with 21 counts of wire fraud in violation of 18 U.S.C. § 1343; seven counts of aggravated identity theft in violation of 18 U.S.C. § 1028(a)(1) and (b); five counts of violation of the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b); and three counts of money laundering in violation of 18 U.S.C. 1957; and seeking forfeiture. United States v. Matthew Edward Blair, Criminal No. ELH-19-00410 (D. Md.).
• Represented not-for-profit fully integrated health care delivery network and health plan, Health First, in connection with national FCA/qui tam action based on alleged Medicare Advantage fraud. Lead Counsel for Health First, Inc. and Health First Medical Group, LLC (collectively, Health First). Successfully avoided government interventions and secured dismissal of claims against Health First, on motion to dismiss in FCA/qui tam case alleging fraud in connection with alleged manipulation of pre-authorizations for services covered under Medicare Advantage. United States ex rel. Susan Nedza v. American Imaging Management, Inc., et al., Case No. 15-cv-6937 (N.D. Ill.).
• Represented national physician-led and physician-owned partnership providing physicians, advanced providers, and industry professionals for Emergency Department staffing and other specialties, Vituity, in connection with False Claims Act/qui tam action based on alleged FCA violations. Lead Counsel for Vituity (f/k/a CEP and MedAmerica). Successfully avoided government interventions (federal and eight states) and secured dismissal of claims against Vituity, on motion to dismiss in FCA/qui tam action alleging fraud in connection with alleged upcoding/fraudulent billing for services provided under Medicare and Medicaid in violation of the FCA, California False Claims Act, Georgia False Medicaid Claims Act, Illinois Whistleblower Reward and Protection Act, Tennessee Medicaid False Claims Act, Texas Medicaid Fraud Protection Act, Maryland False Health Claims Act, Washington Medicaid False Claims Act, and District of Columbia False Claims Act. Relator (“whistleblower”) voluntarily dismissed action in lieu of responding to motion to dismiss. United States ex rel. Keith Werner v. CEP America, LLC, et al., Case No. 3:15-cv-00561-DRH-DGW (S.D. Ill.).
• Represented palliative/hospice care physician in FCA investigation based on alleged FCA and other criminal and civil violations. Successfully represented palliative/hospice care physician in avoiding indictment, civil action, forfeitures, fines, exclusion, and licensure issues in connection with broad investigation by federal and state government focused on alleged billing improprieties (“upcoding” and billing for services not rendered) in connection with the provision of hospice services rendered and billed under federal and state funded health programs. United States v. Capital Caring (E.D. Va.).
• Represented international specialty brand-name pharmaceutical manufacturer in FCA/qui tam action based on allegations of off-label promotion. Lead Counsel for ProStrakan, Inc. (n/k/a Kyowa -Kirin). Successfully avoided government interventions and obtained dismissal of remaining retaliation claim through nuisance value settlement. United States et al. ex rel. Patricia Critz v. ProStrakan, Inc. [Kyowa-Kirin], Case No. 2:12-cv-02425 (W.D. Tenn.).
• Represented national not-for-profit integrated staff model managed care plan, Kaiser Foundation Health Plan, Inc. (Kaiser), in FCA/qui tam action based on alleged failure to comply Medicare Advantage bidding instructions. Counsel for Kaiser. Successfully avoided government interventions and persuaded Government’s voluntary motion to dismiss case against Kaiser in FCA/qui tam action alleging non-compliance with Medicare Advantage bidding instructions, with settlement with relator during pendency of Government’s motion to dismiss. United States ex rel. Christopher McGowan v. Kaiser Foundation Health Plan, Inc., Case No. 09-5984 (N.D. Cal.).
• Represented national not-for-profit integrated staff model managed care plan, Kaiser Foundation Health Plan, Inc. (Kaiser), in FCA/qui tam action based on alleged. Counsel for Kaiser. Successfully avoided Government intervention and secured relator’s voluntary dismissal on motion to dismiss case against client, Kaiser Foundation Health Plan, Inc., in FCA/qui tam action alleging failure to meet Medicaid MCP Medical Loss Ratio (“MLR”) regulatory requirements. United States ex rel. Graham Mouw v. Kaiser Foundation Health Plan, Inc., Case No. 2:2014-cv-08051 (C.D. Cal.). [(2016)] • Represented international generic pharmaceutical company, Actavis, in FCA/qui tam actions in federal court and state courts based on alleged pharmaceutical pricing violations (“Average Wholesale Price” or “AWP”) under federal and state health programs. Co-Lead Counsel for Actavis. Successfully avoided federal Government intervention and successfully negotiated resolutions just prior to trial of both federal action and action brought by Commonwealth of Kentucky against client, Actavis, (and involving over 40 other pharmaceutical manufacturers). In re: Pharmaceutical Industry Average Wholesale Price Litigation, MDL No. 1456, Case No. 01-cv-12257 (D. Mass.); United States ex rel. Ven-a-Care of the Florida Keys, Inc. v. Actavis Mid Atlantic LLC, Case No. 08-cv-10852 (D. Mass); Commonwealth of Kentucky ex rel. Gregory D. Stumbo, Attorney General v. Alpharma USPD, Inc. et al., Case No. 04-CI-1487 (Franklin Circuit Court – Div. I).
• Represented national durable medical equipment (DME) company in FCA/qui tam involving allegations of fraud based on false certifications for medical equipment provided to federal health program beneficiaries. Successfully represented DME manufacturer in avoiding government interventions and obtaining dismissal of claims in connection with FCA/qui tam action involving alleged false certifications of DME it manufactured. United States ex rel. _____ v. _____, (under seal) (S.D. Oh.).
• Represented national private, integrated health care system, Kaiser Permanente (Kaiser), in connection with Congressional investigations and hearings before the House Committee on Oversight and Reform and the House Committee on Energy and Commerce Subcommittee on Health on matters related to the Affordable Care Act. Lead Counsel for Kaiser. Successfully navigated Congressional subpoenas and hearings in connection with long-running Congressional investigations on behalf of Kaiser.
• Represented national private federal TRICARE intermediary, Anthem, in connection with in connection with case involving FCA allegations. As Lead Counsel, successfully obtained dismissal of claims brought against client (one of the largest national health plans and TRICARE intermediary) in case involving payment dispute (with attendant FCA exposure for client) under the TRICARE Program. Chesapeake Center, Inc. v. Blue Cross and Blue Shield of North Carolina, et al., (Circuit Court, Fairfax Co., VA).
• Represented national private federal Medicare claims administrator, AdminaStar Federal, in case involving payment disputes in connection with case involving FCA allegations. Lead Counsel for AdminaStar Federal. Successfully obtained dismissal of claims brought against AdminaStar Federal (one of the largest national health plans and Medicare claims administrators), in case involving payment dispute (with attendant FCA exposure for client) under the Medicare Program. Medassist-Op, Inc. v. Donna Shalala, et al, Case No. 1:00-cv-01829 (D.D.C.).
• Represented international durable medical equipment (DME) manufacturer/supplier in False Claims Act/qui tam case alleging fraud under federal health programs. As Lead Counsel for DME manufacturer/supply company, successfully obtained dismissal of claims in False Claims Act/qui tam alleging fraud related to certifications made in conjunction with sales of medical equipment through federal programs.
• Represented two FCA qui tam relators (“whistleblowers”), Messrs. Hunt and Gauger, in case involving alleged fraud by a national pharmacy benefit management company (PBM). Successfully represented two former employee pharmacists of Merck-Medco Managed Care, LLC in FCA qui tam action alleging fraud related to services performed for federal and health programs. Both the federal government and states intervened in the case, which was litigated aggressively for several years, ultimately settling close to trial for approximately $185 million. At the time, it was one of the largest FCA settlements and was the largest civil settlement in Pennsylvania in 2006/2007. United States ex rel. Hunt, et al. v. Merck- Medco Managed Care, LLC, et al., Case No. 00-cv-737 (E.D. Pa.); United States ex rel. Hunt, et al. v. Merck- Medco Managed Care, LLC, et al., 336 F. Supp. 2d 430 (E.D. Pa., 2004); United States ex rel. Hunt, et al. v. Merck- Medco Managed Care, LLC, et al., 340 F. Supp. 2d 554 (E.D. Pa. 2004); United States ex rel. Hunt, et al. v. Merck- Medco Managed Care, LLC, et al., 223 F.R.D. 330 (E.D. Pa. 2004).
• Counselled national health wellness plan, Healthways, in connection with FCA compliance training. Compliance review, training, and counseling for national health improvement, fitness, and social engagement solutions provider, Healthways, to avoid/mitigate FCA/qui tam exposure.
• Represented national not-for-profit, integrated managed care organization, Kaiser Permanente (Kaiser) accused of conspiring with pharmaceutical manufacturers to circumvent the Medicaid “Best Price” statute in connection with criminal and civil investigation involving alleged FCA violations. Successfully avoided indictment, civil actions, fines, forfeitures, and possible exclusion for Kaiser, which was originally identified as a target in connection with national prosecution and civil FCA/qui tam enforcement action related to alleged conspiracy with various brand-name pharmaceutical manufacturers to circumvent the Medicaid Rebate Program/Medicaid “Best Price” Statute. Secured end to investigation, at which point the Government declined pursuit of client despite several criminal pleas and multi- million-dollar civil settlements by alleged co-conspirators, including Bayer Corp., which pled guilty to criminal charges and paid $257 million in fines and civil damages (the largest Medicaid fraud recovery at that point in history), and GlaxoSmithKline, which paid out $88 million. United States ex rel Estate of George Couto v. Bayer Corp., Civil No. 00-10339-PBS (D. Mass.).

Representative Affirmative Recovery Matters (Antitrust and Others)
• Represented large health plan, Health Care Services Corporation, as successful plaintiff at trial and on appeal, winning a multi-million dollar verdict in the very first case tried in federal court by a health plan (indirect purchaser) against a pharmaceutical company involving alleged antitrust violations. As Trial and Lead Appellate Counsel for Plaintiff-Appellee, Health Care Services Corp. (and its operating divisions of Blue Cross Blue Shield of Illinois, Blue Cross Blue Shield of Texas, and Blue Cross Blue Shield of New Mexico) (collectively, HCSC), successfully won jury trial and affirmation on appeal of multi-million dollar verdict/judgment in favor of HCSC. After HCSC elected to opt-out of an underlying class litigation/settlement, and after several additional years of litigation, the case was tried to verdict in a month-long jury trial. The jury returned a verdict for HCSC on all claims and for all damages alleged. It was the first indirect purchaser/third-party payor case involving the pharmaceutical industry actually tried to verdict. Following verdict, the damages awarded for Plaintiffs was trebled and enhanced by the Court and currently amounts to nearly $80 million (over twice the amount of the nationwide class settlement). The case was settled upon its second appeal to the D.C. Circuit in favor of Plaintiffs/Appellees. Health Care Services Corp, Inc., et al. v. Mylan Pharmaceuticals, Inc., et al., Case No. 01-2646 (MDL Docket No. 1290, Misc. No. 99-ms-276) (D.D.C.); Health Care Services Corp, Inc., et al. v. Mylan Pharmaceuticals, Inc., et al., Case Nos. 08-5044, 08-5045 (D.C. Cir.); In re: Lorazepam & Clorazepate Antitrust Litig., 1707135 (D.C. Cir.) (consolidated under the MDL captioned as In re Lorazepam & Clorazepate Antitrust Litig., MDL Docket No. 1290, Misc. No. 99-ms-276) (D.D.C.)).
• Represented large group of health insurance plans in recovering alleged overpayments for pharmaceutical products, including lorazepam and clorazepate, due to alleged antitrust violations by generic pharmaceutical manufacturers. As Counsel for 17 Plaintiff class members in connection with complex antitrust litigation against Mylan Laboratories, Mylan Pharmaceuticals, Gyma Corporation, and Cambrex Corporation, sought and obtained recovery of overpayments due to Defendants’ anticompetitive conduct in the markets for lorazepam (generic equivalent of Ativan) and clorazepate (generic equivalent of Tranxene). Although the majority of these health plan clients elected to participate in the nationwide class settlement some, including HCSC (as referenced above) elected to opt-out and pursue litigation (and ultimately trial) on their own. In re Lorazepam & Clorazepate Antitrust Litig., MDL Docket No. 1290, Misc. No. 99-ms-276) (D.D.C.).
• Represented large group of health insurance plans in recovering alleged overpayments for pharmaceutical products, including Flonase, due to alleged antitrust violations among pharmaceutical manufacturers. As Lead Counsel for large group of health plans, successfully achieved settlement in connection with complex antitrust litigation seeking recovery of overpayments made for Flonase due to alleged anticompetitive conduct. In re Flonase Antitrust Litig., Case No. 12-cv-4212 (E.D. Pa.).
• Represented health insurance plans, including Kaiser, in recovering alleged overpayments for pharmaceutical products, including Plavix, due to alleged antitrust violations by pharmaceutical manufacturers. As Lead Counsel for Kaiser (both a direct and indirect purchaser) in conjunction with complex antitrust litigation against Bristol-Myers Squibb Co., Sanofi-Aventis, Sanofi-Synthelabo, Inc., Sanofi-Aventis U.S. L.L.C., Bristol-Myers Squibb Sanofi Pharmaceutical Holding Partnership, and Apotex Corporation, sought and obtained recovery of overpayments due to Defendants’ alleged anticompetitive conduct in the market for clopidogrel bisulfate tablets (including Plavix). In re: Plavix Direct Purchaser Antitrust Litigation, Case No. 1:06-cv-00202 (MHW) (S.D. Ohio) and In re: Plavix Indirect Purchaser Antitrust Litigation, Case No. 1:06-cv-00226 (MHW) (S.D. Ohio).
• Represented large group of health insurance plans in recovering alleged overpayments for Vioxx for their insureds due to alleged marketing fraud by pharmaceutical manufacturer. As Lead Counsel for large group of health plans, including Excellus Health Plan, Inc., Blue Cross Blue Shield of Minnesota, Blue Cross, Blue Shield of Nebraska, and Blue Cross of Idaho, successfully achieved settlement in connection with complex litigation seeking recovery of overpayments made for Vioxx due to alleged marketing fraud. In re: Vioxx Marketing Fraud Litigation, (619-TPP) (N.J. Sup. Ct. – Atlantic County Division). Lead Plaintiff’s counsel in individual actions captioned as: Excellus Health Plan, Inc., et al. v. Merck, Inc., Case No. L-4354-08 (N.J. Sup. Ct. – Atlantic County Division), Blue Cross Blue Shield of Minnesota, et al. v. Merck, Inc., Case No. L-4355-08 (N.J. Sup. Ct. – Atlantic County Division), Blue Cross and Blue Shield of Nebraska, et al. v. Merck, Inc., Case No. L-4356-08 (N.J. Sup. Ct. – Atlantic County Division), and Blue Cross of Idaho Health Service, Inc. v. Merck, Inc., Case No. L-3019-09 (N.J. Sup. Ct. – Atlantic County Division).
• Represented group of health insurance plans in subrogation recovery for health expenses incurred due to allegedly defective pharmaceutical products. As Lead Counsel for group of health insurance plans, obtained subrogation recovery against proceeds to be paid from $4.85 billion settlement to claimants who were members of and received health benefits for the treatment of Vioxx-related conditions. After litigating for months, a settlement was achieved through which a lien resolution program was established to allow for the efficient and effective subrogation recovery by health insurance plans through the underlying settlement. In re: Vioxx Products Liability Litigation, Case No. MDL 1657 (E.D. La.).
• Represented health insurance plans, including Kaiser, in recovering alleged overpayments for pharmaceutical products, including Buspar, due to alleged antitrust violations by pharmaceutical manufacturers. As Lead Counsel for Kaiser (both a direct and indirect purchaser) in conjunction with complex antitrust litigation against Bristol-Myers Squibb (BMS), Danbury Pharmacal, Inc., Watson Pharmaceuticals, Inc., and Watson Pharma, Inc., sought and obtained recovery of overpayments made by Kaiser due to alleged anticompetitive conduct in the market for Buspar and its generic Buspirone. It was alleged that BMS unlawfully impaired the ability of generic manufacturers from entering the buspirone market to compete with its buspirone product sold under the brand name BuSpar. The case settled following dispositive motions, with Kaiser receiving millions of dollars (more than its actual overpayments) as well as an award of attorneys; fees and costs. In re: Buspirone Antitrust Litigation, MDL No. 1413 (S.D.N.Y.)
• Represented health insurance plans, including Kaiser, in recovering alleged overpayments for pharmaceutical products, including Plavix, due to alleged antitrust violations by pharmaceutical manufacturers. As Lead Counsel for Kaiser (both a direct and indirect purchaser) in conjunction with complex antitrust litigation against Purdue Pharma L.P, sought and obtained recovery of overpayments made by Kaiser due to alleged anticompetitive conduct in the market for OxyContin and its generic equivalents. In re: Oxycontin Antitrust Litigation, Case No. 1:04-md-01603 (SHS) (S.D.N.Y.).
• Represented health insurance plans, including Kaiser, in recovering alleged overpayments for pharmaceutical products, including Taxol, due to alleged antitrust violations by pharmaceutical manufacturers. As Lead Counsel for Kaiser (both a direct and indirect purchaser) in conjunction with complex antitrust litigation against Bristol-Myers Squibb (BMS) and American BioScience, sought and obtained recovery of overpayments made by Kaiser due to alleged anticompetitive conduct in the market for Taxol and its generic placlitaxel equivalents (placlitaxel is a cancer drug discovered and developed by the United States Government). It was alleged that BMS unlawfully monopolized the U.S. market for paclitaxel through a scheme, which included a conspiracy with American BioScience, Inc., a generic manufacturer, to block generic competition. Kaiser received millions of dollars through this settlement. Oncology & Radiation Associates, P.A. v. Bristol Myers Squibb Co., et al., Case No. 1:01-cv-02313 (D.D.C.).
• Represented group of health insurance plans, including Blue Cross Blue Shield of Michigan, Blue Cross and Blue Shield of Minnesota, and Excellus Blue Cross Blue Shield, as class “opt-out” plaintiffs in recovering alleged overpayments for pharmaceutical products, including Cardizem, due to alleged antitrust violations by pharmaceutical manufacturer. As individual Opt-Out Plaintiffs’ Counsel in conjunction with complex antitrust litigation against Aventis S.A. and Andrx, sought and obtained recovery of overpayments made due to Defendants’ alleged anticompetitive conduct in the market for Cardizem CD. After these Plaintiffs elected to opt-out of underlying indirect purchaser class litigation and after intensive opt-out litigation, a successful, multi-million dollar settlement was achieved. Blue Cross Blue Shield of Michigan, et al. v. Aventis S.A., et al., Case No. 2:01-cv-72806 (E.D. Mich.).
• Represented large group of health insurance plans, including Kaiser, United Healthcare, Blue Cross and Blue Cross Blue Shield of Michigan, Blue Shield of Massachusetts, Blue Cross Blue Shield of Michigan, Blue Cross and Blue Shield of Minnesota, and Excellus Health Plan, Inc., in recovering alleged overpayments for pharmaceutical products, including Cardizem, due to alleged antitrust violations by pharmaceutical manufacturer. As Counsel for large group of Plaintiff class members in conjunction with complex antitrust litigation against Aventis S.A. and Andrx, sought and obtained recovery of overpayments made due to Defendants’ alleged anticompetitive conduct in the market for Cardizem CD. After extensive litigation, the case settled and multi-million recoveries were achieved for those electing to participate in the settlement, while others (as referenced above) elected to opt-out and pursued successful independent recovery litigation. In re: Cardizem CD Litigation, MDL No. 1278 (E.D. Mich.).
• Represented large group of plaintiff health insurance plans in recovery of overpayments due to alleged misconduct by laboratory services provider, SmithKline Beecham. As Counsel for large group of 37 Plaintiff insurance plans, successfully brought and litigated claims under federal civil RICO and state common laws against SmithKline Beecham for alleged overpayments made due to alleged misconduct in connection with the provision of laboratory services. After intensive litigation, a substantial settlement (confidential) was ultimately achieved. Blue Cross of California, et al. v. SmithKline Beecham, et al., Case No. 97-cv-01795 (D. Conn.).
• Represented large group of plaintiff health insurance plans, including opt-out group, in recovery of overpayments due to alleged marketing fraud by pharmaceutical company, Knoll Pharmaceutical Company/BASF. As Counsel for large group of 18 Plaintiff health insurance plans in connection with complex litigation, successfully brought and litigated claims against Knoll Pharmaceutical Company/BASF seeking recovery of overpayments due to alleged anticompetitive conduct of Knoll by misleading physicians and patients into keeping patients on Synthroid despite knowing that less costly, but equally effective drugs were available. This case resulted in a settlement with Knoll and its parent company, BASF Corporation, on behalf of a class of all consumers who purchased Synthroid. Blue Cross and Blue Shield of Massachusetts, Blue Cross Blue Shield of Michigan and Blue Cross and Blue Shield of Minnesota – opted-out and filed their own case, which ultimately settled on favorable terms. In re: Synthroid Marketing Litig., Case No. 1:97-cv- 06017 (N.D. Ill.).
• Represented group of corporate claimants in connection with antitrust class action settlement in federal court based on alleged anticompetitive conduct in the domestic market for drywall. As Counsel for group of individual corporate class claimants (both direct and indirect purchasers), successfully pursued claims recovery in connection with nationwide antitrust case settlement involving allegations that defendants engaged in a conspiracy to fix the prices of drywall products, including a settlement for one individual client in excess of $4 million. In re Domestic Drywall Antitrust Litigation, MDL No. 2437, Case No. 2:13-md-02437-MMB (E.D. Pa.).
• Represented Plaintiffs, Bridgestone, Firestone, Bandag, and Pirelli, in antitrust litigation in federal court alleging antitrust injury due to alleged anticompetitive conduct by defendants, Chemtura Corporation and Uniroyal Chemical Company, et al. in the market for rubber chemicals. As Counsel for purchasers of rubber chemicals, successfully pursued antitrust litigation in federal court against various manufacturers of rubber chemicals. Case successfully resolved in settlement following protracted litigation. In re: Rubber Chemicals Antitrust Litigation, Master Docket No. C04-01648 MJJ, Case No. C06-05700 MJJ (N.D. Cal.)
• Represented group of corporate claimants in connection with antitrust class action settlement in federal court based on alleged anticompetitive conduct in the market for optical disc drives. As Counsel for group of individual corporate class claimants, successfully pursued claims recovery in connection with nationwide antitrust case settlement involving allegations that defendants engaged in a conspiracy to fix the prices of optical disk drives. In re: Optical Disk Drive Antitrust Litigation, Case No. 3:10-md-2143-RS (N.D. Cal.).
• Represented group of corporate claimants in connection with antitrust class action settlement in federal court based on alleged anticompetitive conduct in the market for trans-Pacific airline tickets. As Counsel for group of individual corporate class claimants, successfully pursued claims recovery in connection with nationwide antitrust case settlement involving allegations that defendants engaged in a conspiracy to fix the prices of trans-Pacific airline tickets. In re: Transpacific Passenger Air Transportation Antitrust Litigation, MDL No. 1913, Case No. 3:07-cv-05634-CRB (N.D. Cal.).
• Represented group of corporate claimants in connection with antitrust class action settlement in federal court based on alleged anticompetitive conduct in the market for lithium ion batteries. As Counsel for group of individual corporate class claimants, successfully pursued claims recovery in connection with nationwide antitrust case settlement involving allegations that defendants engaged in a conspiracy to fix the prices of lithium ion batteries. In re: Lithium Ion Batteries Antitrust Litigation, MDL No. 2420, Case No. 13-md-02420-YGR (N.D. Cal.).

Other Notable Matters
• Representation (pro bono) of Death Row inmate Crosley Green, overturning capital murder conviction and granting of petition for writ of habeas corpus, freeing him after 32 years of incarceration based on a wrongful conviction. Post-Conviction Counsel in pro bono/death penalty case for Florida inmate, Crosley Green, who had been sentenced death and confined on “Death Row,” awaiting execution, for 19 years. As a result of our team’s initial efforts, Mr. Green’s death sentence was set aside/vacated and through subsequent efforts, won habeas corpus relief for Mr. Green from the U.S. District Court for the Middle District of Florida. The State of Florida appealed the district court’s grant of habeas corpus and, in April of 2021 – after roughly 32 years of wrongful incarceration, Mr. Green was freed pending the 11th Circuit’s ruling on the State of Florida’s appeal. The case has garnered significant national media attention, including multiple episodes of CBS’s 48 Hours exclusively devoted to case developments. State of Florida v. Crosley Green in State of Florida v. Crosley Green, Case No. 051989CF004942AXXX (Cir. Ct. 18th Jud. Cir., Brevard Co., FL); see also, Green v. Secretary, Department of Corrections et al., No. 6:14- cv-00220-RBD-TBS (M.D. Fla.); Green v. Secretary, Department of Corrections, No. 16-10633 (11th Cir. 2017); and Green v. Secretary, Department of Corrections et al, No. 6:14-cv-00330- RBD-TBS (M.D. Fla. July 27, 2018).
• Represented multiple witnesses in civil commercial banking dispute between Santander Bank, N.A. and Revere. Lead Counsel for various former employees of Santander Bank, N.A. in connection with civil banking dispute involving commercial lending. Santander Bank, N.A. v. Revere Bank, No. 1:17-cv-01564 (D. Md.).
• Represented multiple witnesses in civil commercial banking dispute between Santander Bank, N.A. and Branch Banking and Trust Company (BB&T Corporation). Lead Counsel for various former employees of Santander Bank, N.A. in connection with civil banking dispute involving commercial lending. Santander Bank, N.A. v. Branch Banking and Trust Company (BB&T Corporation), No. 1:17-cv-01669 (M.D. Pa.).
• Represented multiple witnesses in criminal prosecution and related civil action against former borrowers of Santander Bank, N.A. Lead Counsel for various former employees of Santander Bank, N.A. in connection with criminal prosecution and civil actions involving former credit/loan recipients of Santander Bank, N.A. United States v. Mark Gaver and Gaver Technologies, Inc., No. RDB-17-0640 (D. Md.).
• Represented (pro bono) indigent tenant seeking relief from inhabitable housing. Co-Lead Counsel in pro bono case advocating for rights and successfully obtaining relief for indigent tenant from lease of inhabitable apartment. The Barac Co. v. Claudia Deloatch, LTB 035683 (Sup. Ct. D.C. 2014)
• Represented individual plaintiffs seeking recovery of alleged medical malpractice damages against the federal government under the Federal Tort Claims Act (FTCA). Lead Counsel for individual patient (also a civilian nurse) and her spouse as plaintiffs in litigation asserting claims for damages under the FTCA for injuries suffered allegedly due to medical malpractice (medication error) by providers at Evans Army Community Hospital at Fort Carson in Colorado Springs, CO. Case resolved through settlement following litigation proceedings in federal court (commenced subsequent to exhaustion of administrative proceedings). Monika Nickerson, et al. v. United States, Case No. 1:03-cv-00909 (D. Col.).
• Represented individual plaintiffs seeking recovery of alleged medical malpractice damages against the federal government under the Federal Tort Claims Act (FTCA). Lead Counsel for individual patient (civilian) and his spouse (an Army physician) as plaintiffs in litigation asserting claims for damages under the FTCA for injuries suffered allegedly due to medical malpractice (medication error) by providers at Walter Reed Army Medical Center in Washington, DC. Case resolved through seven figure settlement. Matthew Dahl, et al. v. United States, (D.D.C.).
• Represented United States (while assigned, as Navy JAG, to the U.S. Attorney’s Office for the District of Maryland) in medical malpractice case brought under the Federal Tort Claims Act (FTCA). As Co-Lead Counsel (along with civilian Assistant United States Attorney) tried complex medical malpractice case (alleging obstetrical malpractice/wrongful death) to successful defense judgment in favor of the U.S. Government/U.S. Department of the Navy. Keila Duncan, et al. v. United States, Case No. 97-cv-01248 (D. Md.).

Insights

Articles

  • “’Best Price’ Not the ‘Bestest Price’: Federal Court Invalidates Government Efforts to Capture Prescription Drug Discounts Offered by Manufacturers to Patients Under Medicaid ‘Best Price’ Calculations” American Bar Association Health eSource, Vol. 18, No. 11 (July 2022)
  • “Fourth Circuit Grants Rehearing En Banc in $680 Million Allergan FCA Case Dismissed Under Safeco’s Scienter (Knowledge) Standard” Nichols Liu Legal Insights (blog) (May 26, 2022)
  • “Top 10 False Claims Act Developments in 2021” American Bar Association Health eSource, Vol. 18, No. 6 (March 2022)
  • “Fraud, Debarment & Suspension” Thomson Reuters Government Contracts Year-In-Review Conference Briefs (February 2022)
  • “Medicare Advantage and False Claims Act Liability: The D.C. Circuit Weighs In on the Relationship (or Lack Thereof) Between Actuarial Equivalence and the Overpayment Rule” American Bar Association Health eSource (September 2021)
  • Tempest in a Teapot?: The False Claims Amendments Act of 2021 (August 27, 2021) Co-authors: Andy Liu, Robert Rhoad, and Haaleh Katouzian
  • United States ex rel. TZAC, Inc. v. Christian Aid and the Limits of Personal Jurisdiction in False Claims Act Cases (August 18, 2021) Co-authors: Andrew Victor, Robert Rhoad, and Haaleh Katouzian
  • D.C. Circuit Upholds Overpayment Rule, Reverses Lower Court Ruling (August 16, 2021) Co-authors: Andy Liu, Robert Rhoad, and Haaleh Katouzian
  • The Federal Circuit Affirms That Contractor Cannot Recover Increased Costs Related to Outbreak of Deadly Disease (June 25, 2021) Co-authors: Robert NicholsAndrew Victor, and Haaleh Katouzian
  • 2020 Year-End Review of Top Health Care False Claims Act Enforcement Cases and Trends (February 2021) Co-authors: Andy Liu, Robert Rhoad, Andrew Victor, and Sam Van Kopp
  • “Fraud, Debarment & Suspension” Thomson Reuters Government Contracts Year-In-Review Conference Briefs (February 2021)
  • FCA Risks in the Wake of COVID-19: Be Prepared for the Inevitable Audits and Investigations (March 20, 2020) Co-Authors: Andy LiuRobert Rhoad, Annie Kim, and Adrian Wigston
  • AseraCare Resolves Historic False Claims Act Lawsuit, Preserving Key Lack of “Falsity” Defense (March 3, 2020) Co-Authors: Andy Liu, Robert Rhoad, and Andrew Victor
  • “Fraud, Debarment & Suspension” Thomson Reuters Government Contracts Year-In-Review Conference Briefs (February 2020)
  • The False Claims Act: Yesterday, Today, and Tomorrow-What A Long Strange Trip It’s Been-Part III-Tomorrow (November 13, 2019) Co-Authors: Andy LiuRobert Rhoad
  • “FEATURE COMMENT: The False Claims Act: Yesterday, Today, and Tomorrow – What A Long Strange Trip It’s Been – Part III – Tomorrow” The Government Contractor, Vol. 61, No. 40 (October 30, 2019)
  • The False Claims Act: Yesterday, Today, and Tomorrow-What A Long Strange Trip It’s Been-Today (November 5, 2019) Co-Authors: Andy LiuRobert Rhoad
  • “FEATURE COMMENT: The False Claims Act: Yesterday, Today, and Tomorrow – What A Long Strange Trip It’s Been – Part II – Today”  The Government
  • The False Claims Act: Yesterday, Today, and Tomorrow-What A Long Strange Trip It’s Been-Part I (October 28, 2019) Co-Authors: Andy LiuRobert Rhoad
  • “FEATURE COMMENT: The False Claims Act: Yesterday, Today, and Tomorrow – What A Long Strange Trip It’s Been – Part I – Yesterday” The Government Contractor, Vol. 61, No. 38 (October 16, 2019)
  • Sen. Grassley Grills DOJ Over FCA Dismissals (September 25, 2019) Co-Authors: Andy LiuRobert Rhoad
  • AseraCare is here! And in our clinical judgment, the Eleventh Circuit is not objectively wrong (September 13, 2019) Co-Authors: Andy Liu, Robert Rhoad, & Jason C. Lynch
  • FEATURE COMMENT: When The King No Longer Wants You Suing In His Name: The NHAG Saga And Its Implications For DOJ’s Ability To Dismiss Qui Tam Suits (May 1, 2019) Co-Authors: Jason Lynch, Bob Rhoad and Andy Liu
  • “Nichols Liu Secures Dismissal for FCA Defendant” Nichols Liu Legal Insights (blog) (April 4, 2019)
  • Top Cases And Developing Trends In FCA Litigation: Part 2, Law360 (February 8, 2019). Co-Authors: Andy Liu, Robert Rhoad, and Jason Lynch
  • Law360: Circuits Left To Develop FCA Discovery Case Law, Law360 (February 7, 2019). Co-Authors: Andy Liu, Robert Rhoad, and Jason Lynch
  • “Fraud, Debarment & Suspension” Thomson Reuters Government Contracts Year-In-Review Conference Briefs (February 2019)
  • Circuits Left To Develop FCA Discovery Case Law” Law360 (January 14, 2019)
  • Top Cases And Developing Trends In FCA Litigation: Part 1, Law360 (January 7, 2019). Co-Authors: Andy Liu, Robert Rhoad, and Jason Lynch
  • “False Claims Act Litigation Update: Supreme Court Decision Broadens the Target List of Potential Defendants, But Imposes Materiality Defense,” ACC Docket, July 16, 2018
  • “Feature Comment: Lessons Learned On The Second Anniversary Of Universal Health Servs., Inc. v. U.S. ex rel. Escobar, The Government Contractor, Vol. 60, No. 21, June 6, 2018”
  • “The Story So Far: What We Know About FCA Litigation on the Second Anniversary of Universal Health Services, Inc. v. United States ex re. Escobar,” The Health Lawyer, Vol. 30, No. 5, ABA Health Law Section, June 2018
  • Statistical Sampling Lowers Bar for Plaintiffs in False Claims Cases, Daily Journal, May 17, 2018
  • “Healthcare Industry Beware: The Use of Statistical Sampling To Establish Damages And Liability Under The False Claims Act Remains A Viable Option For Plaintiffs” Lorman Education Services (May 2018)
  • “Mylan Settles With Most Insurers In $67M Antitrust Appeal” Law360 (May 2, 2018)
  • “Materiality Part IV: Labels Matter, But Not as Much as They Used To” Sheppard Mullin In The Know (blog) (April 26, 2018)
  • “Materiality Part III: It Is Not Enough That The Government Could Refuse Payment – The Question is Whether the Government Would Refuse Payment” Sheppard Mullin In The Know (blog) (April 16, 2018)
  • Courts Remain Skeptical Of FCA Statistical Arguments Law360, April 10, 2018
  • “Healthcare Industry Beware: The Use of Statistical Sampling to Establish Damages and Liability Under the False Claims Act Remains” JDSUPRA (March 14, 2018)
  • “Fraud, Debarment & Suspension” Thomson Reuters Government Contracts Year-In-Review Conference Briefs (February 2018)
  • “MWI Lives On One Year After the Supreme Court Denied Certiorari” Sheppard Mullin In The Know (blog) (January 10, 2018)
  • “Materiality Part II: Government Knowledge” Sheppard Mullin In The Know (blog) (January 5, 2018)
  • “DOJ Releases Its 2017 False Claims Act Recovery Statistics” Sheppard Mullin In The Know (blog) (December 26, 2017)
  • “Feature Comment: Making Fuzzy Math Less Fuzzy—a Practical Guide for Litigating and Winning False Claims Act Cases Involving Statistical Sampling, The Government Contractor, Vol. 59, No.” 35, September 27, 2017
  • “Materiality Part I: Distinguishing Important Representation From the Minor or Insubstantial” Sheppard Mullin In The Know (blog) (August 11, 2017)
  • “Escobar: Year One” Sheppard Mullin In The Know (blog) (June 16, 2017)
  • “Feature Comment: Right on the Bullseye? Fourth Circuit Takes Its Shot at Applying Escobar’s Materiality Standard After Scotus Sends Iraqi Security Guard Case Back for Further Consideration, The Government Contractor, Vol. 59, No. 21, June 7, 2017”
  • “Straight Shooter: Fourth Circuit Stands By Its Earlier Decision in Case About Iraqi Security Guards Whose Inability to Shoot Straight Gave Rise to FCA Liability” National Law Review, Vol. VII, No. 137 (May 17, 2017)
  • “Live By the Sword, Die By the Sword: Making the False Claims Act’s Attorney Fee Provisions Equitable, Westlaw Journal: Government Contract Expert Analysis, Vol. 31, May 8, 2017”
  • MWI Case Shows The False Claims Act Needs A Change, Law360, March 21, 2017
  • U.S. Can Veto FCA Settlements, Fourth Circuit Holds, The Government Contractor, Vol. 59, No. 9, March 8, 2017
  • “What’s Past is Prologue: How The FCA’s Eventful Year in 2016 Will Affect Government Contractors” National Law Review, Vol. VII, No. 58 (February 28, 2017)
  • “Fraud, Debarment & Suspension” Thomson Reuters Government Contracts Year-In-Review Conference Briefs (February 2017)
  • West Year In Review – Fraud Debarment and Suspension,” Thomson-Reuters West Year-In-Review Conference Briefs (January 5, 2017). Co-Authors: Robert Rhoad and W. Stanfield Johnson.
  • “Seal Violation Does Not Require Dismissal, Supreme Court Holds,” The Government Contractor, Vol. 58, No. 46, December 14, 2016
  • “Feature Comment: Weathering The Storm: Forecasts For FCA Enforcement In The Trump Era,” The Government Contractor, Vol. 58, No. 44, November 22, 2016
  • “Feature Comment: Sealed To Perfection? Supreme Court Considers What To Do When A Relator Violates The FCA Seal Requirement,” The Government Contractor, Vol. 58, No. 42, November 9, 2016
  • “The Government’s Take On Materiality After Escobar,” Sheppard Mullin In The Know (blog) (September 15, 2016)
  • “FEATURE COMMENT: Frankenstein’s Monster Is (Still) Alive: Supreme Court Recognizes Validity Of Implied Certification Theory” The Government Contractor, Vol. 58, No. 24 (June 22, 2016)
  • “FEATURE COMMENT: Tainted Love – Plaintiffs’ Increasing Reliance on the ‘Tainted Claim’ Theory of Damages” The Government Contractor, Vol. 58, No. 19 (May 11, 2016)
  • “Supreme Court Hears Arguments on FCA Implied Certification Theory,” Crowell & Moring Whistleblower Watch (blog) (April 19, 2016)
  • “FEATURE COMMENT: Walking the Line: Balancing Legitimate Interests And Compliance With New FAR Requirements For Confidentiality Agreements” The Government Contractor, Vol. 58, No. 9 (March 2, 2016)
  • “Fraud, Debarment & Suspension” Thomson Reuters Government Contracts Year-In-Review Conference Briefs (February 2016)
  • “FEATURE COMMENT: Extrapolation In FCA Litigation: A Statistical Anomaly Or A Tactic Here To Stay?” The Government Contractor, Vol. 58, No. 2 (January 13, 2016)
  • West Year In Review – Fraud Debarment and Suspension,” Thomson-Reuters West Year-In-Review Conference Briefs (December 21, 2015). Co-Authors: Robert Rhoad and W. Stanfield Johnson.
  • United States v. AseraCare: A Look at the First (and Perhaps Last) Bifurcated FCA Trial (blog) (December 12, 2015)
  • “Cert Granted on Implied Certification Theory” Crowell & Moring Whistleblower Watch (blog) (December 9, 2015)
  • “Supreme Court to Tackle Implied Certification FCA Liability” Crowell & Moring Whistleblower Watch (blog) (December 08, 2015)
  • United States v. AseraCare: A Look at the First, and Perhaps Last) Bifurcated FCA Trial” Crowell & Moring Whistleblower Watch (blog) (December 2, 2015)
  • “FEATURE COMMENT: The Emerging Scope of the Implied Certification Theory of FCA Liability – A Scalpel Or A Bludgeon?” The Government Contractor, Vol. 57, No. 31 (August 19, 2015)
  • “Heightened Notice Presumption Still Applicable After Amendments to FCA Retaliation Statute” Crowell & Moring Whistleblower Watch (blog) (May 22, 2015)
  • “Senators Announce Formation of Whistleblower Protection Caucus” Crowell & Moring Whistleblower Watch (blog) (February 26, 2015)
  • “Ethical Issues Arising in Health Care Fraud Investigations and False Claims Act Qui Tam Cases,” American Bar Association The Health Lawyer, Vol. 27, No. 1 (October 2014)
  • “Supreme Court to Take Up Major False Claims Act Case Involving Wartime Suspension of Limitations Act and First-to-File Bar” Bloomberg BNA Federal Contracts Report, 102 FCR 47 (July 8, 2014)
  • “FEATURE COMMENT: The ‘Pending’ Pickle with the FCA’s First-To-File Bar” The Government Contractor, Vol. 56, No. 21 (June 4, 2014)
  • “Negotiating False Claims Act Settlements” Crowell & Moring Government Contracts Legal Forum (blog) (March 26, 2014)
  • “Negotiating False Claims Act Settlements” West Briefing Papers, No. 14-3, (February 2014)
  • “Ethical Issues in Managing Internal Investigations and Handling False Claims Act Qui Tam Cases Involving the Life Sciences Industry,” American Bar Association Conference on Emerging Issues in Healthcare Law Coursebook (February 2014)
  • “FEATURE COMMENT: The Growing Split Over Whether The FCA’s Public Disclosure Bar Is Still A Jurisdictional Limitation” The Government Contractor, Vol. 55, No. 33 (September 11, 2013)
  • “The Growing Split Over Whether the FCA’s Public Disclosure Bar is Still a Jurisdictional Limitation,” Crowell & Moring Government Contracts Legal Forum (blog) (August 26, 2013)
  • “FEATURE COMMENT: New Questions Regarding The Jurisdictionality Of The FCA’s Public Disclosure Bar: Potential Hurdles And Increased Costs In Defending Against Parasitic Qui Tam Actions” The Government Contractor, Vol. 55, No. 12 (March 27, 2013)
  • “Trends In False Claims Act Enforcement – Part 1” Crowell & Moring Government Contracts Legal Forum (blog) (February 1, 2013)
  • “Trends In False Claims Act Enforcement – Part 2” Crowell & Moring Government Contracts Legal Forum (blog) (February 11, 2013)
  • “Ethical Issues in Managing Internal Investigations and Handling Pre-Unsealing Stages of FCA Qui Tam Cases involving the Health Care Industry,” American Bar Association Conference on Emerging Issues In Healthcare Law Coursebook (February 2013)
  • “Litigation Forecast 2013: What Corporate Counsel Need to Know for the Coming Year,” Crowell & Moring (blog) (January 2013)
  • “The Little Engine That Could: 6th Circuit Resurrects FCA Case Against Allison Engine Company” Crowell & Moring Government Contracts Legal Forum (blog) (November 9, 2012)
  • “Court Sanctions Government For Failing to Preserve Evidence in FCA Case” Crowell & Moring Government Contracts Legal Forum (blog) (October 24, 2012)
  • “In False Claims Act Cases, Government Must Preserve Evidence Before It Intervenes” Crowell & Moring Government Contracts Legal Forum (blog) (October 5, 2012)
  • “Fifth Circuit: Federal Auditors Can Be Whistleblowers” Crowell & Moring Government Contracts Legal Forum (blog) (August 6, 2012)
  • “Healthcare Executives In the Crosshairs: Navigating the Emerging Threat of Prosecution and Exclusion Under the Responsible Corporate Officer Doctrine” American Bar Association The Health Lawyer, Vol. 24, No. 5 (June 2012)
  • “DOJ Renews Effort on Parallel Civil, Criminal, Regulatory and Administrative Proceedings” Crowell & Moring Government Contracts Legal Forum (blog) (March 8, 2012)
  • “Responsible Corporate Officer Doctrine Enforcement in the Health Care Industry: Managing An Emerging Threat to Officers, Executives, and In-House Counsel” American Bar Association National Institute on White Collar Crime Coursebook (March 2012)
  • DOJ Fraud and False Claims Recoveries at Record Levels in FY2011” Crowell & Moring Government Contracts Legal Forum (blog) (December 20, 2011)
  • “Settling False Claims Act Cases in the Healthcare Fraud and Enforcement World: Tips and Traps for Providers and Payors” AHLA Fraud & Compliance Forum Coursebook (September 2011)
  • “False Claims Act Fundamentals and Compliance: New Requirements and New Challenges for the Health Care Industry” AHLA Physicians and Physician Organizations Law Institute / Hospitals and Health Systems Law Institute Manual (February 2011)
  • “When Does a Breach of Contract Violate the False Claims Act?” BNA’s Federal Contracts Report, (December 2010)
  • “Certification Certitude: The Fifth Circuit Rejects Broad False Claims Act Liability Theory” Washington Legal Foundation Legal Pulse (November 16, 2010)
  • “Fundamentals Of False Claims Act And Qui Tam Enforcement In The Health Care Industry” Florida Bar Association Florida Health Care Law Manual (September 17, 2010)
  • “Whistling While They Work: Limiting Exposure In The Face Of The PPACA’s Invitation To Employee Whistleblower Lawsuits” American Bar Association The Health Lawyer, Vol. 22, No. 6, (August 2010)
  • “The Patient Protection And Affordable Care Act’s Open Invitation To False Claims Act Whistleblowers: Risk Mitigation Strategies For Health Care Entities” American Health Lawyers Association Healthcare Reform Law Resource Guide (June 2010)
  • “A Gathering Storm: The New False Claims Act Amendments And Their Impact On Health Care Fraud Enforcement,” American Bar Association The Health Lawyer, Vol. 21, No. 6 (August 2009)
  • “Blues Plans Beware: The New False Claims Act Amendments And Their Impact On Health Care Entities” Blue Cross Blue Shield Association Legal Affairs Bulletin, No. 1002 (July 2009)
  • “A Brave New World: Recent False Claims Act Amendments And Their Impact On Health Care Entities” American Bar Association Health eSource, Vol. 5, No. 11 (July 2009)
  • “Asserting The Government’s Duty To Preserve In False Claims Act Litigation: Abbott Laboratories Seeks Sanctions For DOJ Spoliation In Health Care Fraud Case,” American Bar Association Health eSource, Vol. 5, No. 11 (July 2009)
  • “Abbott Laboratories Seeks Sanctions For Alleged DOJ Spoliation in FCA Case” American Health Lawyers Association Fraud and Abuse Practice Group E-Mail Alert (June 16, 2009)
  • “New False Claims Act Amendments Significantly Impact Health Care Entities And Their ‘Obligations’ Regarding Overpayments” Crowell & Moring Health Law Alert (May 27, 2009)
  • “Supreme Court’s Allison Engine Decision’s Potential Impact On False Claims Act Enforcement In Healthcare Cases” American Bar Association Health eSource, Vol. 4, No. 12 (August 2008)
  • “False Claims Act Education Requirements Under the Deficit Reduction Act: Compliance Guidance For Health Care Organizations In The Wake Of Uncertainty,” American Bar Association The Health Lawyer, Vol. 19, No. 5 (April 2007)
  • “Effective Cross-Examination,” American Bar Association, Young Lawyers Division 101 Series, Trial Advocacy 2007 (2007)
  • “Cardizem CD®, K-Dur®, Plavix®, and OxyContin®: Have We Entered The Endgame of Antitrust Uncertainty Towards Pharmaceutical Patent Litigation Settlements?,” American Health Lawyers Association Health Lawyers Weekly, Vol. 4 , No. 48 (December 15, 2006)
  • “The OxyContin® Settlement: A Signpost on the Road to a Consumer-Friendly Policy for Generic Competition,” American Bar Association Health e-Source, Vol. 3, No. 1 (October 2006)
  • “Countdown to the Implementation of New Federal Qui Tam Requirements: Is Your Health Care Organization Ready?” com (June 20, 2006)
  • Chapter 11, “Criminal Process” American Bar Association Developments in Administrative Law and Regulatory Practice 2000-2001 (2002)
  • Chapter 14, “Criminal Process” American Bar Association Developments in Administrative Law and Regulatory Practice 1998-1999 (2000)

Speaking Engagements*

      (*All presenter or co-presenter and all live/in-person unless noted otherwise.)

  • “How to Win an FCA Case Once It’s Unsealed: A View From The Trenches” American Bar Association National Institute on the Civil False Claims Act and Qui Tam Enforcement (virtual) (June 8, 2022)
  • “Fraud Expert Witness Cross-Examination” American Bar Association National False Claims Act and Qui Tam Trial Institute, Miami, FL (April 26, 2022)
  • “Legislative Update Panel” American Bar Association National False Claims Act and Qui Tam Trial Institute, Miami, FL (April 25, 2022)
  • “Fraud, Debarment & Suspension” Thomson Reuters Government Contracts Year-In-Review Conference, Washington, DC (February 24,2022)
  • “Evolving Fraud Enforcement: Taking Lessons from New Actions” American Bar Association Taos Health Roundtable Conference, Taos, NM (January 22, 2022)
  • “Fraud, Debarment & Suspension” Thomson Reuters Government Contracts Year-In-Review Conference, Washington, DC (February 24, 2021)
  • “FCA/FCPA: Fraud and Enforcement” PubK Annual Review (Webinar) (January 28, 2021)
  • “War Stories from False Claims Act Trials” Federal Bar Association Qui Tam Section Roundtable (webinar) (December 2, 2020)
  • “False Claims Act Qui Tam Relator Cross-Examination” and “Government Surveyor Direct Examination” American Bar Association National False Claims Act and Qui Tam Trial Institute (virtual) (July 8-9, 2020)
  • “Procurement Fraud, the FCA, and Grants” American Bar Association Public Contract Law Section Grant Law Committee (webinar) (March 20, 2020)
  • “Fraud, Debarment & Suspension” Thomson Reuters Government Contracts Year-In-Review Conference, Washington, DC (February 20, 2020)
  • “Defending Health Care Fraud Before Litigation: Leveraging New Guidance to Guide Pre-Intervention Communications with the Department of Justice” American Bar Association Taos Health Law Roundtable Conference, Taos, NM (January 24, 2020)
  • “False Claims Act Qui Tam Relator Cross-Examination,” American Bar Association National False Claims Act and Qui Tam Trial Institute, New York, NY (June 20, 2019)
  • “Fraud, Debarment & Suspension” Thomson Reuters Government Contracts Year-In-Review Conference, Washington, DC (February 22, 2019)
  • “Litigation and Government Enforcement Developments Facing Providers and Payors Under the Medicare Advantage Program” National CLE Conference, Snowmass, CO (January 04, 2019)
  • “White Collar Practice: Ethics and Professional Responsibility” / “Ethical Issues in FCA/Qui Tam Matters” American Bar Association National Institute on Health Care Fraud, San Francisco, CA (May 4, 2018)
  • “Managing the Relator,” Federal Bar Association Qui Tam Conference, Washington, DC (February 27, 2018)
  • “Fraud, Debarment & Suspension” Thomson Reuters Government Contracts Year-In-Review Conference, Washington, DC (February 23, 2018)
  • “What’s Happening in the Courtroom? Use of Statistical Sampling and Extrapolation” National CLE Conference, Vail, CO (January 03, 2018)
  • “False Claims Act Qui Tam Relator Cross-Examination,” American Bar Association National False Claims Act and Qui Tam Trial Institute, Washington, DC (June 15, 2017)
  • “From The Trenches: Defendants’ Perspectives” American Bar Association National False Claims Act and Qui Tam Trial Institute, Washington, DC (June 14, 2017)
  • “Managed Care Fraud & Enforcement” American Bar Association National Institute on Health Care Fraud, Ft. Lauderdale, FL (May 19, 2017)
  • “Fraud, Debarment & Suspension” Thomson Reuters Government Contracts Year-In-Review Conference, Washington, DC (February 17, 2017)
  • “DOJ Enforcement Under the Yates Memo: Holding Individuals Accountable. (Or Is It Hostage?)” National CLE Conference, Snowmass, CO (January 06, 2017)
  • “Health Care Fraud Enforcement Post Escobar and Yates,” National CLE Conference, Snowmass, CO (January 06, 2017)
  • “False Claims Act Implied Certification” Nash & Cibinic Report Roundtable, Washington DC (December 1-2, 2016)
  • “A False Claims Act Case Study: United States ex rel. Purcell v. MWI Corporation” Defense Research Institute Government Enforcement and Corporate Compliance Seminar, Washington, DC (November 11, 2016)
  • “Ethical Considerations in False Claims Act Cases and Internal Compliance Investigations” American Bar Association Physicians Legal Issues Conference, Chicago, IL, (June 10, 2016)
  • “False Claims Act: Trends and Emerging Issues” Crowell & Moring Ounce of Prevention Seminar (OOPS), Washington, DC (May 25, 2016)
  • “Decisions Impacting Privilege Protections During Internal Investigations,” American Bar Association National Institute on Health Care Fraud, Indian Wells, CA, (May 13, 2016)
  • “Health Care Recovery – Recapturing Health Care Spend” Crowell & Moring’s In-House Affirmative Recovery Conference, Dana Point, CA, (March 10, 2016)
  • “Fraud, Debarment & Suspension” Thomson Reuters Government Contracts Year-In-Review Conference, Washington, DC (February 19, 2016)
  • “Emerging Trends in Damages Calculations: Use of Statistics and Other Methods” American Conference Institute’s Advanced Forum on False Claims & Qui Tam Enforcement, New York, NY (January 22, 2016)
  • “What Will the New Year Bring? Top Headlines, Headaches, and Developments for Government Contractors to Watch in 2016” Crowell & Moring (webinar) (January 14, 2016)
  • “Contending With Federal Investigations” Federal News Network’s Expert Voices of Government Contracting (WTOP/WFED Radio Broadcast), Washington, DC (October 21, 2015)
  • “Regulatory Risk Management and Mitigation” American Bar Association-Food and Drug Law Institute/Medical Device Manufacturers Association Medical Device Conference, Washington, DC (October 16, 2015)
  • “Pro Bono in Action: Actual Innocence” Washington Council of Lawyers Conference, Washington, D.C. (October 13, 2015)
  • “False Claims Act Qui Tam Relator Cross-Examination” American Bar Association National False Claims Act and Qui Tam Trial Institute, Denver, CO (June 3-5, 2015)
  • “Health Care Recovery” Crowell & Moring In-House Affirmative Recovery Conference, Dana Point, CA (March 20, 2015)
  • “Emerging Trends in the Use of Statistics in Determining Liability and Calculating Damages” American Conference Institute Advanced Forum on False Claims & Qui Tam Enforcement (webinar) (January 22, 2015)
  • “Health Care Recovery” Crowell & Moring’s In-House Recovery Conference, Dana Point, CA (January 19-20, 2015)
  • “What Will the New Year Bring? Top Headlines, Headaches, and Developments for Government Contractors to Watch in 2015” Crowell & Moring (webinar) (January 7, 2015)
  • “Disclosure Meeting with Government” American Bar Association/Medical Device Manufacturers Association Medical Device and Legal Professionals: A Collaborative Exchange Conference, Washington, DC (December 12, 2014)
  • “The Recovery Scene: Building a Legal Profit Center for Your Health Care Entity” Crowell & Moring’s Healthcare Ounce Of Prevention Seminar (HOOPS), Washington, DC (October 27, 2014)
  • “Internal Investigations: Issues, Pitfalls, and Best Practices” Defense Research Institute Government Enforcement and Corporate Compliance Seminar, Washington, DC (July 25, 2014)
  • “Trying False Claims Act Cases: A View from the Defense” American Association of Justice Qui Tam Litigation Group Qui Tam Litigation Speaker Series (webinar) (July 11, 2014)
  • “Seeking Clarity on False Claims Act Damages and Penalties” Bates White (webinar) (July 01, 2014)
  • “Strategies For Protecting Internal Investigations From Disclosure” American Bar Association Healthcare Litigation & Risk Management Interest Group (webinar), (May 21, 2014)
  • “Federal Health Care Programs: New FCA Enforcement Risks in a Post-ACA World” Crowell & Moring Ounce of Prevention Seminar (OOPS), Washington, DC (May 14, 2014)
  • “The Rearview Mirror: Lessons Learned From This Year’s Trial Victories” Crowell & Moring Trial Excellence Program, Washington, DC (April 22, 2014)
  • “The Potential Conflict Issues Attorneys Face in Representing Life Science Companies” American Bar Association Emerging Issues in Healthcare Law Conference, Litchfield, AZ (February 27, 2014)
  • “Life Science Companies: Navigating Ethical Dilemmas” American Bar Association Emerging Issues in Healthcare Law Conference, Litchfield, AZ (February 27, 2014)
  • “False Claims Act and Health Plan Risk” Crowell & Moring’s Healthcare Ounce of Prevention Seminar (HOOPS) (January 30, 2014)
  • “What Will the New Year Bring? Top Headlines, Headaches, and Developments for Government Contractors to Watch in 2014” Crowell & Moring (webinar) (January 9, 2014)
  • “New Areas of Potential Legal Risk Under the ACA, the False Claims Act, and Related Laws” America’s Health Insurance Plans, Washington, DC (December 17, 2013)
  • “Navigating Stormy Seas: Ethical Issues in Qui Tam Litigation Under the False Claims Act” American Bar Association Washington Health Law Summit, Washington, DC (December 10, 2013)
  • “Fraud and Abuse Bootcamp Webinar Series Part VI: Trends In Government Enforcement,” American Health Lawyers Association Fraud and Abuse Bootcamp Webinar Series, (webinar) (July 17, 2013)
  • “False Claims Act Witness Examination,” American Bar Association National False Claims Act and Qui Tam Trial Institute, Washington, DC (June 5-7, 2013)
  • “False Claims Act Developments” Crowell & Moring’s Ounce of Prevention Seminar (OOPS), Washington, DC (May 16, 2013)
  • “Ethics: Honoring Your Ethical Obligations While Defending Health Care Providers and Entities During an Investigation” American Bar Association Emerging Issues in Healthcare Law Conference, Miami, FL (February 21, 2013)
  • “Ethical Issues In Managing Internal Investigations And Handling Pre-Unsealing Stages Of FCA Qui Tam Cases” American Bar Association Emerging Issues in Healthcare Law Conference, Miami, FL (February 2013)
  • “What Will the New Year Bring? Headlines, Headaches, and Legal Developments for Government Contractors to Watch in 2013,” Crowell & Moring (webinar) (January 16, 2013)
  • “False Claims Act and Mandatory Disclosure Requirements for Federal Contractors” Association of Corporate Counsel (webinar) (January 15, 2013)
  • “New False Claims Act Exposures and Government Investigation Tips for Health Plans” Crowell & Moring Healthcare Ounce of Prevention Seminar (HOOPS), Minnetonka, MN (September 13, 2012)
  • “False Claims Act Risks Areas for Health Care Entities,” Healthways Seminar, Franklin, TN (August 3, 2012)
  • “New False Claims Act Exposures and Government Investigation Tips for Health Plans” Crowell & Moring Healthcare Ounce of Prevention Seminar (HOOPS), Washington, DC (June 21-22, 2012)
  • “False claims Act: Key Provisions and Current Trends in Compliance and Enforcement” L2 Federal Resources (Webinar) (June 14, 2012)
  • “False Claims Act: Recent Developments and Their Impact on Compliance and Enforcement” Crowell & Moring Ounce of Prevention Seminar (OOPS), Washington, DC (May 9-10, 2012)
  • “2011 in Review: Trends in Health Care Fraud Enforcement” American Bar Association National Institute on White Collar Crime, Miami, FL (March 2, 2012)
  • “Settling False Claims Act Cases in the Healthcare Fraud and Enforcement World: Tips and Traps for Providers and Payors” American Health Lawyers Association Fraud & Compliance Forum, Baltimore, MD (September 27, 2011)
  • “False Claims Act Developments: Congress Opens the Floodgates While Courts Mop Up The Mess” Crowell & Moring’s Ounce of Prevention Seminar (OOPS), Washington, DC (May 24-26, 2011)
  • “Executives and Counsel In the Crosshairs: What Recent Government Efforts to Prosecute Individuals Mean For Your Organization (And You!)” Crowell & Moring (webinar) (April 7, 2011)
  • “Health Care Reform One Year Later: Identifying Recent Health Care Reform Trends and the Continuing Effect on the Pharmaceutical Industry” American Conference Institute’s National Forum on Fraud and Abuse in the Sales and Marketing of Drugs Conference, New York, NY (March 29-31, 2011)
  • “False Claims Briefing” Florida Bar Association Continuing Legal Education Committee and Health Law Section Health Law Advanced Topics/Certification Program, Orlando, FL (March 3-4, 2011)
  • “Government Investigations and False Claims Act Compliance: New Requirements and New Challenges For Providers” American Health Lawyers Association Physicians and Physician Organizations Law Institute / Hospitals and Health Systems Law Institute, Las Vegas, NV (February 10-11, 2011)
  • “Managed Care Strategies After Health Care Reform” Strafford (webinar) (January 13, 2011)
  • “What Will the New Year Bring? Top Headlines, Headaches, and Legal Developments for Government Contractors to Watch in 2011” Crowell & Moring (webinar) (January 12, 2011)
  • “State & Federal Fraud And Abuse Enforcement Priorities,” American Conference Institute National Forum on Clinical Integration, Washington, DC (November 16-17, 2010)
  • “Health Care False Claims Act Cases: Is it a federal case? Is it a state case? Is it all of the above in many permutations, all at various stages of development?,” Practising Law Institute False Claims Litigation Conference, (November 5, 2010)
  • “Department of Defense and General Services Administration Procurement Fraud Matters,” Practising Law Institute’s False Claims Litigation Conference (November 5, 2010)
  • “False Claims Briefing,” Florida Bar Association Continuing Legal Education Committee and Health Law Section’s Second Annual Fundamentals of Florida Health Care Law Conference, Orlando, FL (September 17, 2010)
  • “Impact Of The False Claims Act Amendments For Hospital Systems And Anticipating A Rise In Qui Tams” American Conference Institute National Legal & Compliance Summit On Health Care Enforcement, Washington, DC (June 22, 2010)
  • “More Exposure And More Risk: Fraud And Abuse Risks In A ‘Health Reform’ World,” Law and Regulatory Affairs Health Care Compliance Seminar, Washington, DC (June 12, 2010)
  • “Contract Fraud: One Year After FERA,” Crowell & Moring’s Annual Ounce of Prevention Seminar (OOPS), Washington, DC (May 26-27, 2010)
  • “Blues Beware: Recent False Claims Act Amendments And Their Impact On Health Care Plans” Blue Cross Blue Shield Association Annual Lawyers’ Conference, New Orleans, LA (May 13, 2010)
  • “Fox in the Hen House: Internal Investigations of Whistleblower Complaints and Dealing with the Whistleblower Employee Dealing With the Whistleblower Employee and Internal Investigation Issues” Crowell & Moring Healthcare Ounce of Prevention Seminar (HOOPS), Washington, DC (April 27, 2010)
  • “The Blind Side: A Rash of False Claims Act Amendments and New FCA Liability Exposure for Healthcare Entities” Crowell & Moring Healthcare Ounce of Prevention Seminar (HOOPS), Washington, DC (April 26, 2010)
  • “Pursuing and Defending Lawsuits Involving Balance Billing, Reimbursement, Physician Tiering and Other Claims” Strafford Managed Care Litigation: Emerging Trends in Provider-Plan Disputes (webinar) (March 11, 2010)
  • “Affirmative Health Care Cost Recovery Litigation Against Third Parties” Strafford Managed Care Litigation: Emerging Trends in Provider-Plan Disputes (webinar) (March 11, 2010)
  • “Current Trends In Health Care Fraud” Magellan Health Services Legal/Compliance/Security Conference, Columbia, MD (September 17, 2009)
  • “Amendments To The False Claims Act” Ethics Resource Center (webinar) (July 7, 2009)
  • “Payors Strike Back: Effective Cost Recovery and Affirmative Litigation Strategies” American Health Lawyers’ Association Annual Meeting, Washington, DC (June 29, 2009)
  • “The Future Of Reverse Payment Settlements: Insider’s Guide To Imminent Antitrust Policy Changes” American Conference Institute (webinar) (June 17, 2009)
  • “Contract Fraud And False Claims,” Crowell & Moring Ounce Of Prevention Seminar (OOPS), Washington, DC (May 27, 2009)
  • “Bringing Home the Bacon: Recent Developments And Trends In Third-Party Payor Recovery Actions” Blue Cross Blue Shield Association Annual Lawyers’ Conference, Chicago, IL (May 7, 2009)
  • “Emerging Issues in Managed Care Litigation: An Examination of Recovery Actions and Rescission Litigation” Crowell & Moring Healthcare Ounce Of Prevention Seminar (HOOPS), Washington, DC (October 21, 2008)
  • “The Future Of False Claims Act Enforcement In Health Cases: Recent Judicial And Legislative Developments” Crowell & Moring Healthcare Ounce Of Prevention Seminar (HOOPS), Washington, DC (October 20, 2008)
  • “Contractors At War: The False Claims Act” Crowell & Moring’s West Coast Ounce Of Prevention Seminar (WOOPS), Santa Monica, CA (April 29, 2008)
  • “Iraq Reconstruction Contracting: Navigating The Legal Minefield” National Contract Management Association Saguaro Chapter Conference, Tucson, AZ (April 24, 2008)
  • “Battlefield Contracting And The False Claims Act” Crowell & Moring Ounce Of Prevention Seminar (OOPS), Washington, DC (April 22, 2008)
  • “Overseas Health Insurance Markets – Potential Pitfalls of Expansion: Global Privacy Issues, International Compliance, and Foreign Corrupt Practices Act” Crowell & Moring Healthcare Ounce Of Prevention Seminar (HOOPS), Washington, DC (October 2007)
  • “Successful False Claims Act Defense Strategies: The Custer Battles Case” National Contract Management Association Aerospace and Defense Conference, Tucson, AZ (July 27, 2007)
  • “Employee Handbooks & Whistle Blower Provisions: Are You in Compliance?” National Constitution Conference, Washington, DC (January 4, 2007)
  • “Substantive and Procedural Motions,” District of Columbia Bar Association CLE Program Pre-Trial Skills Series, Washington, DC (October 26, 2006)
  • “Go To Jail. Go Directly To Jail: Criminal Prosecutions Predicated on the Government’s Disagreement with Your Interpretation of Complex Regulations” American Bar Association Administrative Law Conference, Washington, DC (November 1, 2001)
  • “The Government’s Take On Materiality After Escobar,” Sheppard Mullin In The Know (blog) (September 15, 2016)
  • “FEATURE COMMENT: Frankenstein’s Monster Is (Still) Alive: Supreme Court Recognizes Validity Of Implied Certification Theory” The Government Contractor, Vol. 58, No. 24 (June 22, 2016)
  • “FEATURE COMMENT: Tainted Love – Plaintiffs’ Increasing Reliance on the ‘Tainted Claim’ Theory of Damages” The Government Contractor, Vol. 58, No. 19 (May 11, 2016)
  • “Supreme Court Hears Arguments on FCA Implied Certification Theory,” Crowell & Moring Whistleblower Watch (blog) (April 19, 2016)
  • “FEATURE COMMENT: Walking the Line: Balancing Legitimate Interests And Compliance With New FAR Requirements For Confidentiality Agreements” The Government Contractor, Vol. 58, No. 9 (March 2, 2016)
  • “Fraud, Debarment & Suspension” Thomson Reuters Government Contracts Year-In-Review Conference Briefs (February 2016)
  • “FEATURE COMMENT: Extrapolation In FCA Litigation: A Statistical Anomaly Or A Tactic Here To Stay?” The Government Contractor, Vol. 58, No. 2 (January 13, 2016)
  • “Cert Granted on Implied Certification Theory” Crowell & Moring Whistleblower Watch (blog) (December 9, 2015)
  • “Supreme Court to Tackle Implied Certification FCA Liability” Crowell & Moring Whistleblower Watch (blog) (December 08, 2015)
  • United States v. AseraCare: A Look at the First, and Perhaps Last) Bifurcated FCA Trial” Crowell & Moring Whistleblower Watch (blog) (December 2, 2015)
  • “FEATURE COMMENT: The Emerging Scope of the Implied Certification Theory of FCA Liability – A Scalpel Or A Bludgeon?” The Government Contractor, Vol. 57, No. 31 (August 19, 2015)
  • “Heightened Notice Presumption Still Applicable After Amendments to FCA Retaliation Statute” Crowell & Moring Whistleblower Watch (blog) (May 22, 2015)
  • “Senators Announce Formation of Whistleblower Protection Caucus” Crowell & Moring Whistleblower Watch (blog) (February 26, 2015)
  • “Ethical Issues Arising in Health Care Fraud Investigations and False Claims Act Qui Tam Cases,” American Bar Association The Health Lawyer, Vol. 27, No. 1 (October 2014)
  • “Supreme Court to Take Up Major False Claims Act Case Involving Wartime Suspension of Limitations Act and First-to-File Bar” Bloomberg BNA Federal Contracts Report, 102 FCR 47 (July 8, 2014)
  • “FEATURE COMMENT: The ‘Pending’ Pickle with the FCA’s First-To-File Bar” The Government Contractor, Vol. 56, No. 21 (June 4, 2014)
  • “Negotiating False Claims Act Settlements” Crowell & Moring Government Contracts Legal Forum (blog) (March 26, 2014)
  • “Negotiating False Claims Act Settlements” West Briefing Papers, No. 14-3, (February 2014)
  • “Ethical Issues in Managing Internal Investigations and Handling False Claims Act Qui Tam Cases Involving the Life Sciences Industry,” American Bar Association Conference on Emerging Issues in Healthcare Law Coursebook (February 2014)
  • “FEATURE COMMENT: The Growing Split Over Whether The FCA’s Public Disclosure Bar Is Still A Jurisdictional Limitation” The Government Contractor, Vol. 55, No. 33 (September 11, 2013)
  • “The Growing Split Over Whether the FCA’s Public Disclosure Bar is Still a Jurisdictional Limitation,” Crowell & Moring Government Contracts Legal Forum (blog) (August 26, 2013)
  • “FEATURE COMMENT: New Questions Regarding The Jurisdictionality Of The FCA’s Public Disclosure Bar: Potential Hurdles And Increased Costs In Defending Against Parasitic Qui Tam Actions” The Government Contractor, Vol. 55, No. 12 (March 27, 2013)
  • “Trends In False Claims Act Enforcement – Part 1” Crowell & Moring Government Contracts Legal Forum (blog) (February 1, 2013)
  • “Trends In False Claims Act Enforcement – Part 2” Crowell & Moring Government Contracts Legal Forum (blog) (February 11, 2013)
  • “Ethical Issues in Managing Internal Investigations and Handling Pre-Unsealing Stages of FCA Qui Tam Cases involving the Health Care Industry,” American Bar Association Conference on Emerging Issues In Healthcare Law Coursebook (February 2013)
  • “Litigation Forecast 2013: What Corporate Counsel Need to Know for the Coming Year,” Crowell & Moring (blog) (January 2013)
  • “The Little Engine That Could: 6th Circuit Resurrects FCA Case Against Allison Engine Company” Crowell & Moring Government Contracts Legal Forum (blog) (November 9, 2012)
  • “Court Sanctions Government For Failing to Preserve Evidence in FCA Case” Crowell & Moring Government Contracts Legal Forum (blog) (October 24, 2012)
  • “In False Claims Act Cases, Government Must Preserve Evidence Before It Intervenes” Crowell & Moring Government Contracts Legal Forum (blog) (October 5, 2012)
  • “Fifth Circuit: Federal Auditors Can Be Whistleblowers” Crowell & Moring Government Contracts Legal Forum (blog) (August 6, 2012)
  • “Healthcare Executives In the Crosshairs: Navigating the Emerging Threat of Prosecution and Exclusion Under the Responsible Corporate Officer Doctrine” American Bar Association The Health Lawyer, Vol. 24, No. 5 (June 2012)
  • “DOJ Renews Effort on Parallel Civil, Criminal, Regulatory and Administrative Proceedings” Crowell & Moring Government Contracts Legal Forum (blog) (March 8, 2012)
  • “Responsible Corporate Officer Doctrine Enforcement in the Health Care Industry: Managing An Emerging Threat to Officers, Executives, and In-House Counsel” American Bar Association National Institute on White Collar Crime Coursebook (March 2012)
  • DOJ Fraud and False Claims Recoveries at Record Levels in FY2011” Crowell & Moring Government Contracts Legal Forum (blog) (December 20, 2011)
  • “Settling False Claims Act Cases in the Healthcare Fraud and Enforcement World: Tips and Traps for Providers and Payors” AHLA Fraud & Compliance Forum Coursebook (September 2011)
  • “False Claims Act Fundamentals and Compliance: New Requirements and New Challenges for the Health Care Industry” AHLA Physicians and Physician Organizations Law Institute / Hospitals and Health Systems Law Institute Manual (February 2011)
  • “When Does a Breach of Contract Violate the False Claims Act?” BNA’s Federal Contracts Report, (December 2010)
  • “Certification Certitude: The Fifth Circuit Rejects Broad False Claims Act Liability Theory” Washington Legal Foundation Legal Pulse (November 16, 2010)
  • “Fundamentals Of False Claims Act And Qui Tam Enforcement In The Health Care Industry” Florida Bar Association Florida Health Care Law Manual (September 17, 2010)
  • “Whistling While They Work: Limiting Exposure In The Face Of The PPACA’s Invitation To Employee Whistleblower Lawsuits” American Bar Association The Health Lawyer, Vol. 22, No. 6, (August 2010)
  • “The Patient Protection And Affordable Care Act’s Open Invitation To False Claims Act Whistleblowers: Risk Mitigation Strategies For Health Care Entities” American Health Lawyers Association Healthcare Reform Law Resource Guide (June 2010)
  • “A Gathering Storm: The New False Claims Act Amendments And Their Impact On Health Care Fraud Enforcement,” American Bar Association The Health Lawyer, Vol. 21, No. 6 (August 2009)
  • “Blues Plans Beware: The New False Claims Act Amendments And Their Impact On Health Care Entities” Blue Cross Blue Shield Association Legal Affairs Bulletin, No. 1002 (July 2009)
  • “A Brave New World: Recent False Claims Act Amendments And Their Impact On Health Care Entities” American Bar Association Health eSource, Vol. 5, No. 11 (July 2009)
  • “Asserting The Government’s Duty To Preserve In False Claims Act Litigation: Abbott Laboratories Seeks Sanctions For DOJ Spoliation In Health Care Fraud Case,” American Bar Association Health eSource, Vol. 5, No. 11 (July 2009)
  • “Abbott Laboratories Seeks Sanctions For Alleged DOJ Spoliation in FCA Case” American Health Lawyers Association Fraud and Abuse Practice Group E-Mail Alert (June 16, 2009)
  • “New False Claims Act Amendments Significantly Impact Health Care Entities And Their ‘Obligations’ Regarding Overpayments” Crowell & Moring Health Law Alert (May 27, 2009)
  • “Supreme Court’s Allison Engine Decision’s Potential Impact On False Claims Act Enforcement In Healthcare Cases” American Bar Association Health eSource, Vol. 4, No. 12 (August 2008)
  • “False Claims Act Education Requirements Under the Deficit Reduction Act: Compliance Guidance For Health Care Organizations In The Wake Of Uncertainty,” American Bar Association The Health Lawyer, Vol. 19, No. 5 (April 2007)
  • “Effective Cross-Examination,” American Bar Association, Young Lawyers Division 101 Series, Trial Advocacy 2007 (2007)
  • “Cardizem CD®, K-Dur®, Plavix®, and OxyContin®: Have We Entered The Endgame of Antitrust Uncertainty Towards Pharmaceutical Patent Litigation Settlements?,” American Health Lawyers Association Health Lawyers Weekly, Vol. 4 , No. 48 (December 15, 2006)
  • “The OxyContin® Settlement: A Signpost on the Road to a Consumer-Friendly Policy for Generic Competition,” American Bar Association Health e-Source, Vol. 3, No. 1 (October 2006)
  • “Countdown to the Implementation of New Federal Qui Tam Requirements: Is Your Health Care Organization Ready?” com (June 20, 2006)
  • Chapter 11, “Criminal Process” American Bar Association Developments in Administrative Law and Regulatory Practice 2000-2001 (2002)
  • Chapter 14, “Criminal Process” American Bar Association Developments in Administrative Law and Regulatory Practice 1998-1999 (2000)

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  • New FCA Stats Fuel Debate Over Health Enforcement FixationLaw360 (February 8, 2022)
  • “Grassley Bill Aims to Slow DOJ’s Pushback on Whistleblower Suits” Bloomberg Law Federal Contracting (August 2, 2021)
  • “Grassley Moves to Stop Contractors From Holding U.S. ‘Hostage’” Bloomberg Law Federal Contracting (July 29, 2021)
  • “2021 Washington DC Super Lawyers” Super Lawyers Magazine (April 29, 2021)
  • “Federal Judge Tosses False Claims Act Lawsuit Against Health First“ PRNewswire (April 27, 2021)
  • “Health First Escapes Whistleblower, Antitrust Suits” Law360 (April 23, 2021)
  • “Chauvin Trial Proves Politicians Need to Stop Tampering With Jury Trials By Pandering” Florida Today (April 20, 2021)
  • “Crosley Green Comes Home” CBS News 48 Hours (April 17, 2021)
  • “Why Crosley Green’s Freedom Still Hangs in the Balance” CBS News (April 17, 2021)
  • “Locked Up For Half His Life, Crosley Green Tastes Freedom” CBS News (April 16, 2021)
  • “Man Freed After Nearly 32 Years in Prison Craves Strawberry Ice Cream” CBS News (April 16, 2021)
  • “Crosley Green Released After More Than 30 Years in Prison” CBS News (April 8, 2021)
  • “Whistleblower’s Kickback Suit Against Health First Tossed” Law360 (January 22, 2021)
  • “My Life of Crime” CBS News 48 Hours (podcast) (January 20, 2021)
  • “An All-Virtual Mock Trial Shows How Remote Trials Can Be Conducted” ABA Journal (July 23, 2020)
  • “2020 Washington DC Super Lawyers” Super Lawyers Magazine (April 30, 2020)
  • “Crosley Green Says He’s the Victim of a Racial Hoax” CBS News (April 18, 2020)
  • “Did ‘Racial Hoax’ Lead to Man’s Wrongful Conviction for Murder?” CBS News (April 17, 2020)
  • “Sweeping Stimulus Law is golden Opportunity for Scam Artists” Bloomberg Law Federal Contracting (March 31, 2020)
  • “Man Could See Murder Conviction Overturned After 31 Years in Prison” CBS News (March 11, 2020)
  • “Nichols Liu Nabs Procurement Fraud Pro From Crowell” Law360 (December 13, 2019)
  • “DOJ Seems Gun-Shy With New FCA Penalty Firepower” Law360 (August 21, 2019)
  • “Circuit Splits Endure as Top Court Ruling Turns 3” Bloomberg Law Federal Contracting News (June 14, 2019)
  • “The Corporate Counsel Survival Guide” ABA Publishing (April 9, 2019)
  • “Nichols Liu Secures Dismissal for FCA Defendant” Nichols Liu Legal Insights (blog) (April 4, 2019)
  • “Health Hires: Quinn Emanuel, Goodwin, Ropes & Gray, Nelson Hardiman, Nichols Liu” Law360 (November 16, 2018)
  • “Nichols Liu Further Expands Its False Claims Act and Investigations Capabilities With Litigation Partner Robert Rhoad” PR Newswire (November 15, 2018)
  • “Feds Settle License Credit Fraud Case with Radio Co. Owner” Law360 (September 05, 2018)
  • “Atty Reflect On Escobar’s FCA Impact 2 Years Later” Law360 (June 15, 2018)
  • “False Claims Act: Fraud Fighters Fear ‘Deathblow’ as Supreme Court Ruling Turns 2” Bloomberg Government Federal Contracts Report, 109 FCR 421 (June 05, 2018)
  • “Last Insurer Settles with Mylan in $67M Antitrust Appeal” Law360 (May 04, 2018)
  • “Mylan Settles With Most Insurers in $67M Antitrust Appeal” Law360 (May 02, 2018)
  • “5 Takeaways as DOJ Investigative Powers Get Challenged” Law360 (May 02, 2018)
  • “Courts Remain Skeptical of FCA Statistical Arguments” Law360 (April 10, 2018)
  • “MWI Case Shows the False Claims Act Needs a Change” Law360 (March 21, 2018)
  • “Attys React to DOJ’s new Memo on FCA Dismissals” Law360 (January 25, 2018)
  • “Top Lawyers 2017-2018: Whistle-Blowers (Defense),” Washingtonian (January 2018)
  • “Mylan, Other Drugmakers Must Pay $67M in Antitrust Suit” Law360 (August 31, 2017)
  • “Crosley Green’s Last Chance For Freedom” CBS News 48 Hours (first aired: May 30, 2015, and updated: August 19, 2017)
  • “Was Crosley Green Wrongly Convicted in 1989 Florida Murder?” CBS News (August 19, 2017)
  • “One Year Later, Escobar is Roiling FCA Landscape” Law360 (June 16, 2017)
  • “Attys Dish on Escobar’s FCA Impact One Year Later” Law360 (June 16, 2017)
  • “Growing Pains Remain One Year After Implied Certification Ruling” Bloomberg Federal Contracts Report (June 13, 2017)
  • “Straight Shooting Guards Mattered to Security Contract, Court Rules” Bloomberg Federal Contracts Report (May 23, 2017)
  • “2017 Washington DC Super Lawyers” Super Lawyers Magazine (April 27, 2017)
  • “Whistleblowers Fret Over Leaks After Akin Gump Partner’s Arrest” The National Law Journal (February 9, 2017)
  • “U.S. Supreme Court ends 18 years long False Claims Act case in favor of MWI” PR Newswire (January 9, 2017)
  • “Whistleblower Loses 18-Year Legal Fight Against Florida’s MWI” Orlando Sentinel (January 10, 2017)
  • “High Court Won’t Hear FCA Ambiguity Interpretation Dispute” Law360 (January 09, 2017)
  • “Top Lawyers 2016-2017: Whistle-Blowers (Defense),” Washingtonian (January 2017)
  • “Gov’t Contracts Policy and Cases to Watch in 2017” Law360 (January 02, 2017)
  • “DOJ Releases FY 2016 FCA Statistics” The Government Contractor, Vo. 58, No. 47 (December 21, 2016)
  • “Sheppard Mullin Adds Crowell & Moring Gov’t Contracts Pro” Law360 (August 19, 2016)
  • “Sheppard Mullin Washington, D.C. Expands Government Contracts and Investigations Practice With Litigation Partner Robert Rhoad” Metropolitan Corporate Counsel (August 16, 2016)
  • “Sheppard Mullin Washington, D.C. Expands Government Contracts and Investigations Practice With Litigation Partner Robert Rhoad” Marketwired (August 9, 2016)
  • “Justices Asked to Nix FCA ‘Vagueness’ Exemption” Law360 (September 23, 2016)
  • “False Claims Act: Rhoad Calls FCA Win Rewarding, But Not as Satisfying as Sparing a Life” Bloomberg BNA Federal Contracts Report, 105 FCR (July 05, 2016)
  • “Attys React to Supreme Court’s Wartime Limits to FCA Ruling,” Law360 (May 26, 2016)
  • “2016 Washington DC Super Lawyers” Super Lawyers Magazine (April 28, 2016)
  • “Water Pump Co. Asks DC Circ. Not to Revive FCA Damages” Law360 (March 25, 2016)
  • “DC Circ. Ruling Gives FCA Defendants an Easy Out, US Says” Law360 (February 9, 2016)
  • “DC Circ. Clears MWI in Nigerian FCA Suit” Law360 (November 24, 2015)
  • “Top Lawyers 2015-2016: Whistle-Blowers (Defense),” Washingtonian (November 2015)
  • “Judge-Less Subpoenas Put ‘Debilitating Burden’ on Small Businesses,” The Daily Caller (October 22, 2015)
  • “Contending with Federal Investigations,” Federal News Radio (October 20, 2015)
  • “No, Your Medical Records Are Not Private” The Daily Caller (October 19, 2015)
  • “More lawsuits against doctors? Overpayment ruling could be bad news” Berg & Androphy (August 25, 2015)
  • “Feds Push DC Circ. For Additional $15M in Nigerian FCA Suit” Law360 (September 17, 2015)
  • “Crosley Green’s Last Chance For Freedom” CBS News 48 Hours (first aired: May 30, 2015, and updated: August 19, 2017)
  • “More lawsuits against doctors? Overpayment ruling could be bad news” Family Practice News (August 17, 2015)
  • “Developments in Appropriation Bills Affecting Government Contractors,” Bloomberg BNA Federal Contracts Report (July 10, 2015)
  • “Inside a Death Penalty Case Where Your Client is Innocent” Legal Bisnow (June 10, 2015)
  • “FDA Looks to Placate Amarin, Duck Free Speech Decision” Law360 (June 08, 2015)
  • “In 1989 Murder, Making the Facts Fit the Crime?” CBS News (May 29, 2015)
  • “Was a Florida Man Convicted for Murder and Sentenced to Death Simply Because He Was Black?” Viacom CBS Press Express (May 28, 2015)
  • “’48 Hours’ Returns to Brevard Murder Case” Orlando Sentinel (May 27, 2015)
  • “Attys React to Supreme Court’s Wartime Limits to FCA Ruling” Law360 (May 26, 2015)
  • “U.S. Top Court Backs Contractor KBR in Iraq Whistleblower Case,” Legal Bisnow (May 26, 2015)
  • “MWI Tells DC Circ. It’s Not Liable for Violating FCA” Law360 (May 13, 2015)
  • “4 Issues to Watch in Amarin’s Off-Label Marketing Suit” Law360 (May 12, 2015)
  • “Expert Tells Federal Contractors to Play It Safe, Invest in Compliance,” Bloomberg BNA Federal Contracts Report (May 12, 2015)
  • “Quicken Loans Atty Says DOJ Lending Crusade Went Too Far” Law360 (May 4, 2015)
  • “2015 Washington DC Super Lawyers” Super Lawyers Magazine (April 30, 2015)
  • “Recent Developments Under FCA’s Public Disclosure Bar: What is “Public,” Anyway?,” Bloomberg BNA Federal Contracts Report (April 1, 2015)
  • “U.S. Urges DC Circ. To Put MWI on $15M Hook in FCA Suit” Law360 (January 16, 2015)
  • “5 Issues Gov’t Contractors Need to Know About in 2015” Law360 (January 07, 2015)
  • “Top Lawyers 2014-2015: Whistle-Blowers (Defense),” Washingtonian (January 2015)
  • “Q&A With Robert Rhoad, LL.M. ‘99” The George Washington University Law School Magazine (Winter 2015)
  • “FCA Free Speech Defense Tested in DOJ-PhRMA Fight” Law360 (September 19, 2014)
  • “3 Tips For Workable FCA Release Programs” Law360 (July 25, 2014)
  • “Health Care Cases to Watch in the 2nd Half of 2014” Law360 (July 23, 2014)
  • “The Biggest Health Care Cases of 2014: Midyear Report” Law360 (July 21, 2014)
  • “5 Tips For Crafting Multistate FCA Settlements” Law360 (July 14, 2014)
  • “A Wake-Up Call For Cos. With Corporate Integrity Agreements” Law360 (May 27, 2014)
  • “FCA Wave Sparks Debate Over DOJ Power to Boot Weak Suits” Law360 (May 02, 2014)
  • “5 Years After FERA, FCA Landscape Still Unsettled” Law360 (April 28, 2014)
  • “2014 Washington DC Super Lawyers” Super Lawyers Magazine (April 24, 2014)
  • “Judge: Deerfield Beach pump maker MWI doesn’t have to pay millions sought by U.S.” Florida Bulldog (February 17, 2014)
  • “Government Contracts Regulation and Legislation to Watch in 2014” Law360 (January 1, 2014)
  • “Top Lawyers 2013-2014: Whistle-Blowers (Defense),” Washingtonian (January 2014)
  • “Judge Mulls Damages Offset in FCA Suit Over Ex-Im Loans” Law360 (December 20, 2013)
  • “Gallup Pays $10.5M to Settle Whistleblower Sit With Feds” Law360 (July 15, 2013)
  • “Federal Law Allows Guilt By Association” Connecticut Law Tribune (May 20, 2013)
  • “Crowell & Moring Secures Two-Part Victory in Major False Claims Act Case” Government Contracts Legal Forum (April 24, 2013)
  • “4th Shows Expired FCA Claims Can Haunt Contractors” Law 360 (March 27, 2013)
  • “FCA Expansion Fight May Land in High Court” Law360 (January 28, 2013)
  • “Actavis Pays $118M to Settle Drug Pricing Claims” Law360 (January 04, 2012)
  • “Top Lawyers 2012-2013: Whistle-Blowers (Defense),” Washingtonian (January 2013)
  • “Pumping Station Co. Can’t Dodge Nigerian Bribe Suit” Law360 (November 14, 2011)
  • False Claims Act – Special Report: “Federal Procurement Trends for 2011: Practitioners Say Expansion of FCA Liability, Congressional Oversight Means ‘Open Hunting Season’ on Contractors” BNA Federal Contracts Report (January 24, 2011)
  • United States ex rel. DRC, Inc. v. Custer Battles, LLC: A Brutal Battle Foreshadowing the Future of False Claims Act Litigation, 69 Md. L. Rev. Online 118 (2010)
  • “New DOJ Powers on Horizon,” The Daily Journal (November 20, 2009)
  • “Changes to FCA Increase Contractor Liability” Law360 (June 19, 2009)
  • “Supreme Court’s Allison Engine Decision’s Potential Impact On False Claims Act Enforcement In Healthcare Cases,” American Bar Association Health eSource (August 15, 2008)
  • “Mylan Hit With $69.2M In Treble Damages” Law360 (January 24, 2008)
  • “Theories Abound in WellCare Raid,” Modern Healthcare (October 29, 2007)
  • “Judge Clears Contractor of Fraud in Iraq Custer Battles Handled Baghdad Airport Security,” The Washington Post (February 9, 2007)
  • “Crowell & Moring LLP” The Wall Street Journal (October 10, 2007)
  • “10 Million Verdict Overturned in Fraud Case” NBC News (August 19, 2006)
  • “Machine Gun Fire on the Answering Machine: Battle Over Custer Battles Heats Up” Corporate Crime Reporter, Vol. 20 No. 16(3) (April 12, 2006)
  • “Witness Faults Billing Custer Battles Billing” The Providence Journal (February 17, 2006)
  • “Some Iraq Rebuilding Funds Go Untraced: Investigators Have Yet to Pursue U.S. Contracting Money That May Be Missing” The Wall Street Journal (January 17, 2006)

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