School District Bid-Rigging Investigation
Representation of major North American dairy in investigations by the U.S. Department of Justice's Antitrust Division and the Attorney General of Texas into alleged bid rigging and market allocation among school districts.
Dean Foods Company Derivative Litigation
Represent Dean Foods Company in shareholder derivative litigation in which current and former directors are alleged to have breached their fiduciary duties to the company by participating in, or failing to prevent, violations of U.S. antitrust laws.
DOJ and State of Texas Price-Fixing Investigation
Defense of national dairy producer in state and federal antitrust price-fixing investigations.
Healthcare Fraud Litigation
Successfully defended a national healthcare provider in three lengthy jury trials involving allegations of fraud, conspiracy, antitrust and RICO violations. All three resulted in complete defense verdicts. The second, named 1999's biggest defense win by The National Law Journal,
involved allegations of fraud and conspiracy. Punitive damages of $150 million were sought, and after a four-week trial, the jury found no fraud and awarded no damages.
In re Cardiac Devices Qui Tam Litigation
Representation of Baylor University Medical Center in In re Cardiac Devices Qui Tam Litigation
(D. Conn.), a multi-district False Claims Act suit brought against major hospital systems in the United States alleging false claims for payment for investigational heart devices. Obtained dismissal of the case on interlocutory appeal to the Second Circuit Court of Appeals.
Defense of Healthcare Group Purchasing Organization for Anti-Kickback Violations
Representation of healthcare group purchasing organization in connection with civil and criminal investigation by the United States Attorney's Office in the Northern District of Texas and United States Department of Health and Human Services Office of Inspector General into alleged violations of Anti-Kickback statute.
Defense of Alta Colleges in False Claims Act Case Involving Incentive Compensation and For-Profit School Certification
Representation of Alta Colleges, a private, for-profit school, in a False Claims Act qui tam
action (N.D. Tex.) alleging violations of Title IV of the Higher Education Act by providing admission personnel prohibited incentive compensation and violations of Texas state regulations governing certification of schools.
Defense of National Drug Testing Laboratory for False Billing of Drug Tests
Representation of national drug testing laboratory in investigation in Virginia into allegations of improper billing of drug tests.
United States ex rel. Doe v. Medtronic, Inc.
Representation of Medtronic, a major medical device manufacturer, in False Claims Act qui tam
suit (S.D. Tex.) and investigation of alleged violations of the False Claims Act related to marketing of cardiac surgical ablation devices.
False Claims Act and Anti-Kickback Investigation of Orthopedic Spine Company
Representation of former national sales director of an orthopedic spine company in civil and criminal investigation (D. Mass.), involving allegations that company paid kickbacks to physicians in the form of sham consulting agreements, research grants, entertainment, travel and other incentives to induce use of surgical devices.
Defense of Sealed Qui Tam for Stark and Anti-Kickback Allegations on Medical Office Building Leasing
Representation of national healthcare provider in sealed False Claims Act qui tam
in Florida involving allegations of violations of the Stark law and Anti-Kickback Act related to medical office building leasing in Florida, Georgia, Missouri, Texas, California, Alabama and Tennessee.
Defense of Long-Term Acute Care Facility in False Claims Act Qui Tam
Representation of long-term acute care facility in False Claims Act qui tam
(E.D. Mich.) alleging false claims for payment related to the admission and continued hospitalization of patients.
False Claims Act Investigation of Cardiac Catherization Laboratories
Representation of one of the nation’s largest healthcare providers in an investigation of allegations of potential submission of false claims in cardiac catherization laboratories in Florida. The investigation included a review of medical records to analyze quality of care and voluntary disclosure issues.
Defense of Long-Term Acute Care Facility in False Claims Act Litigation
Representation of long-term acute care facility in the settlement of False Claims Act action filed by two relators alleging false claims for payment related to patient billing practices at a West Virginia long-term acute care facility.
United States ex rel. Graves v. ITT Educ. Services, Inc.
Representation of ITT, a for-profit vocational school, in a qui tam
action brought by former employees involving allegations that ITT violated provisions of Title IV of the Higher Education Act by providing its admissions/recruitment personnel prohibited incentive compensation. Obtained a dismissal at the district court and an affirmance of the dismissal at the Fifth Circuit Court of Appeals.
United States ex rel. Sturrock v. Tenet Healthcare Corp. and Southwest General Hosp.
Representation of national healthcare provider in United States of America ex rel. Sturrock v. Tenet Healthcare Corp. and Southwest General Hospital
(W.D. Tex.), a False Claims Act action alleging false claims for payment related to hyperbaric oxygen therapy services.
False Claims Act Investigation of Cardiac Stent Procedures
Representation of national healthcare provider in investigation of allegations of potential submission of false claims for improper coding of cardiac stent procedures in hospital in Missouri.
Investigation of False Claims for Partial Hospitalization Program Services
Representation of national healthcare provider in investigation of potential submission of false claims for improper billing of partial hospitalization program services and in self-disclosure protocol.
Defense of Nursing Homes in False Claims Act Suit for Improper Billing of Dual Skilling
Representation of nursing homes in Texas (N.D. Texas) in False Claims Act qui tam
brought by vendor alleging improper billing for dual skilling.
Defense of Sealed Qui Tam Alleging False Billing for Kyphoplasty Procedures
Representation of seven healthcare providers in sealed False Claims Act qui tam
in the Western District of New York involving allegations of improper billing for kyphoplasty procedures.