The health care industry has faced explosive growth—and uncertainty—in recent years. Health care and life sciences companies must contend with constantly evolving business, litigation, and regulatory compliance risks, which may rise and fall with political tides.
We play a central role in helping health care and life sciences companies keep up with rapid and unpredictable change, providing counsel and representation to high-profile pharmaceutical, biotechnology, and medical device companies; institutional health care providers; insurers; doctors; and corporate executives. We have extensive experience addressing the increasingly complex civil, regulatory, and criminal issues that challenge our health care clients. We also safeguard clients’ business interests and guide them through intricate business and regulatory environments to avoid litigation whenever possible.
When litigation is unavoidable, however, we have the know-how to represent our clients from pre-litigation counsel through trial and appeals, in state and federal court, and before arbitral tribunals. We have a record of success in prosecuting and defending allegations of health care fraud; have secured prosecution declinations in high-profile criminal investigations; and successfully defended our health care clients in national litigation alleging trade secret violations, off-label promotion, and false advertising. Our team leverages extensive experience in litigation across a wide range of legal issues, including anti-kickback; licensing; privacy; corporate practice of medicine; unfair business and trade practices laws; RICO; the Food, Drug, and Cosmetic Act; the Health Insurance Portability and Accountability Act; federal and state false claims acts; Medicare, Medicaid, and workers’ compensation fraud; and a variety of other state and federal statutes.
In addition, we have conducted more than 25 high-stakes investigations on behalf of governing boards of health care companies, hospitals, and research institutions.
Experience
Won a “landmark” opioid trial for Endo Pharmaceuticals in a $50 billion action. Three of the most populous counties in California and the City of Oakland brought suit against opioid manufacturers alleging false advertising, unfair competition and public nuisance. The jurisdictions claimed that manufacturers’ alleged false and misleading marketing caused a $50 billion public nuisance. The win was hailed as “giv[ing] drug companies their first major victory in the litigation brought by cities and counties across the country over the opioid crisis,” American Lawyer. (See “How Hueston Hennigan Notched A Landmark Opioid Trial Win,” Law360; “Opioid Makers Win Major Victory in California Trial,” New York Times; “Drug Makers Handed First Win Out of Thousands of National Opioid Crisis Lawsuits,” Newsweek).
Secured the complete dismissal on summary judgment of the lead plaintiff’s case in $200 million wrongful death and negligence litigation against the country’s largest integrated healthcare system. Subsequently, all other plaintiffs agreed to dismiss their claims. The litigation, which related to a travel nurse who allegedly caused a high-profile fatal crash, had potentially widespread implications for the healthcare system’s liability involving its off-duty nurses and contracted workers. (See “Judge ends $195M Kaiser lawsuit over fatal crash,” Daily Journal).
Successfully represented Endo Pharmaceuticals in litigation related to opioid abuse in the U.S. District Court in San Francisco. Following extensive fact and expert development that strengthened Endo’s position, the case favorably settled on the eve of trial. (See “Endo Reaches $10M Deal With SF Ahead Of Opioid Trial,” Law360).
Obtained a favorable settlement, after two weeks of trial, for the country’s largest integrated health care system in a lawsuit brought by a group of California hospitals seeking hundreds of millions of dollars for emergency medical services provided to our client’s members.
Representing two California agencies against claims of trade secret misappropriation and breach of contract arising out of a project to develop and implement California’s online health insurance exchange.
Defending Novartis International in a lawsuit brought by Richmond Global Compass Fund Management and related entities alleging trade secret misappropriation, unfair competition, and aiding and abetting breaches of fiduciary duty in connection with the formation of a hedge fund.
Representing the country’s largest integrated health care system against a lawsuit brought by one of the largest for-profit hospital systems in the country – HCA Healthcare – alleging it violated California law when reimbursing hospitals for emergency services provided to its members.
Defending the country’s largest integrated health care system against claims that it systematically under reimbursed for emergency services provided to its members. Obtained early victories, including dismissal with prejudice of four out of six causes of action.
Representing the country’s largest integrated health care system against claims brought by more than 20 groups of emergency physicians alleging it violated the Knox-Keene Act.
Successfully defended Amgen in a multibillion-dollar national securities fraud class action alleging misstatements and omissions related to several of Amgen’s most important drugs. Amgen retained us after the case was remanded by the Supreme Court of the United States. After successful motions practice, we obtained a highly favorable settlement on the securities class action. We also successfully moved to dismiss multiple shareholder derivative actions in state and federal courts to finally resolve the decade-old case. (See “Amgen Beats Decade-Old Investor Suit over Off-Label Scheme,” Law360).
Won a dismissal of a putative class action against Allergan subsidiary Zeltiq Aesthetics (Otero v. Zeltiq Aesthetics), alleging that customers of the company’s high-profile CoolSculpting fat-freezing system were deceived by marketing materials that described the medical device as having been “cleared” but not “approved” by the U.S. Food and Drug Administration. (See “Allergan’s Fat-Freezing Unit Freed From False Ad Claims,” Law360).
Defeated emergency attempts to enjoin the country’s largest integrated health care system’s COVID-19 vaccination policy. In United KP Freedom Alliance v. Kaiser Permanente, a federal lawsuit alleging violations of constitutional rights and California law, we defeated requests for a temporary restraining order and preliminary injunction and obtained dismissal of all claims at the pleading stage. (See “Kaiser Permanente Employees Denied Relief from Vaccine Mandate,” Bloomberg Law).
Secured a preliminary injunction for Amgen to protect pricing information. In this highly watched case with important implications for the pharmaceutical industry, we obtained a ruling that pricing information submitted to the state pursuant to California Senate Bill 17 is protectable trade secrets and may not be disclosed in response to a California Public Records Act request.
Obtained declinations for former Chief Scientific Officer of a Fortune 250 company in connection with DOJ and FDA criminal and civil investigations concerning alleged data manipulation for the first approved gene therapy drug.
Obtained a favorable settlement for GlaxoSmithKline against Abbott Laboratories. This high-profile antitrust, unfair competition, and breach of contract action concerned Abbot’s abuse of its market dominance and predatory pricing of HIV drugs.
Defeated a $100 million-plus trade secret, fraud and breach of contract case against Valeant Pharmaceuticals, now named Bausch Health Companies. The dispute concerned interocular lens technology. After taking over this litigation, we aggressively moved to bring the case to an end, winning a motion for judgment on the pleadings. On appeal, the Ninth Circuit again sided with Bausch and refused to revive the case.
Obtained dismissal of a False Claims Act lawsuit against Valeant Pharmaceuticals. The qui tam plaintiff alleged that defendants had made fraudulent and misleading statements to the US Patent and Trademark Office to obtain a patent covering an anti-inflammatory drug. We prevailed on a motion to dismiss. (See “Valeant Beats Patent Atty’s ‘Parasitic’ Whistleblower Claims,” Law360).
Defended Amgen and former executives in several securities class actions, including shareholder, derivative, and ERISA matters. After moving for summary judgment, obtained favorable settlements in the shareholder and ERISA matters and dismissals of the derivative matters.
Terminated criminal and civil fraud investigations, with no conviction, for a pharmacy and pharmacy owner related to the unauthorized distribution of controlled substances.
Defended Valeant Pharmaceuticals in multibillion-dollar securities class actions alleging violation of insider trading and control person liability statutes. After argument on summary judgment motions, obtained favorable settlements on all matters.
Conducted an internal investigation of the nation’s largest publicly operated health plan, concluding with actionable items designed to enhance the integrity of the system.
Terminated criminal and parallel civil investigations targeting the CEO of a Fortune 500 medical device manufacturer for alleged complicity in an off-label promotion scheme and false and misleading public statements and filings regarding device development.
Terminated the criminal investigation of a Fortune 500 medical device manufacturer alleging FDA violations and a cover-up without payment of a fine or civil settlement.
Obtained prosecution declinations for the University of California, Irvine (UCI) and former individual “targets” in a high-profile health care fraud investigation of the UCI liver transplant program.
Obtained a prosecution declination for the country’s largest integrated health care system in investigations of alleged HIPAA violations.
Resolved a tristate attorneys general investigation into alleged false advertising by a Fortune 500 health care company without fines or penalties.
Obtained dismissal with prejudice of False Claims Act allegation against a public entity alleged to be worth tens of millions of dollars.
Represented a Fortune 500 medical device manufacturer in a criminal investigation concerning alleged violations of the Food, Drug, and Cosmetic Act, including allegations of knowingly manufacturing adulterated and misbranded medical devices, and violations of the FDA’s Good Manufacturing Practices. No charges were filed against our client.