Nicole Somerville

Practices

Industries

Education and Clerkships

J.D., Southern Methodist University Dedman School of Law, 2010, cum laude; Articles Editor, SMU Law Review Association; Dedman Ethics Scholarship Recipient

B.S., Political Science, Texas Christian University, 2007, summa cum laude

Admissions

Texas, 2010

Court Admissions

U.S. Court of Appeals for the Fifth Circuit

U.S. District Court for the Northern District of Texas

Profile

Nicole Somerville serves as a trusted advisor to a variety of clients within the healthcare industry in complex litigation matters and internal investigations. Nicole has helped hospital systems, laboratories, nursing homes, insurance companies, and physicians navigate complex fraud and abuse laws, including the False Claims Act, the Anti-Kickback Statute, the Stark Law, and the Civil Monetary Penalties Law.

Nicole’s practice is largely focused on False Claims Act qui tam litigation. She has defended clients in False Claims Act matters throughout the country involving alleged violations of the Stark and Anti-Kickback Statutes related to medical office building leasing, medical directorships, physician employment, and clinical research. She has also defended clients in False Claims Act matters involving allegations of improper billing and medical necessity. In addition, Nicole routinely assists her clients in responding to Civil Investigative Demands under the False Claims Act and other administrative subpoenas, as well as self-disclosures to enforcement agencies.

When not working on behalf of her clients, Nicole participates in the American Health Lawyers Association, the DFW Chapter of Women in White Collar Defense, and the Dallas Bar Association.

Year in Review

False Claims Act: Year in Review

The False Claims Act Year in Review 2017

The False Claims Act ("FCA") continued to be a significant focus of government and whistleblower activity in 2017. This 2017 Year in Review highlights several key developments.

Selected Client Representations

  • Represented national hospice provider in False Claims Act qui tam in the Northern District of Texas alleging violations of the Stark Law and Anti-Kickback Statute. See United States ex rel. Capshaw v. White (N.D. Tex.).
  • Represented national health insurance company in False Claims Act qui tam in the Middle District of Tennessee alleging violations of the False Claims Act in 26 states in connection with processing Medicaid third party liability claims. See United States ex rel. Kramer v. Humana Inc. (M.D. Tenn.). Obtained full declination and dismissal.
  • Represented national healthcare provider in sealed False Claims Act qui tam in the Northern District of Texas alleging unnecessary cardiac procedures at hospitals in 10 states. Obtained full declination and dismissal.
  • Represented national healthcare provider in sealed False Claims Act qui tam in the Middle District of Tennessee alleging violations of the Stark Law and Anti-Kickback Statute related to hospital medical directorship agreements. Obtained full declination and dismissal.
  • Representing healthcare providers, laboratories, and pharmacies, in numerous ongoing investigations and sealed False Claims Act matters in Arizona, California, Florida, Michigan, Tennessee, and Texas.

Selected Publications and Speeches

  • "Recent Developments Provide Guidance to Evaluate FCA Lawsuits," co-author, American Health Lawyers Association (AHLA) Fraud and Abuse Practice Group Bulletin, April 3, 2018.
  • "False Claims Act: 2017 Year in Review," co-presenter, Practising Law Institute, January 25, 2018.
  • "2016 Year in Review – The False Claims Act," co-presenter, Dallas Bar Association Health Law Section, April 19, 2017.
  • "What Every Texas Lawyer Should Know About the False Claims Act," co-author, Texas Bar Journal, October 2015.
  • "King v. Burwell: A Challenge to PPACA Subsidies," speaker, HCCA (Health Care Compliance Association) Regional Conference, Philadelphia, June 2015.

Email Disclaimer