Health Care

Our experienced attorneys have provided counsel and representation to an array of prominent pharmaceutical, biotechnology, and medical device companies, institutional health care providers, insurers, doctors, and corporate executives, among others. We have prosecuted and defended allegations of health care fraud, received 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. These matters have covered a diverse range of legal issues, including anti-kickback, licensing, privacy, corporate practice of medicine, and 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. To date we have also conducted over 25 investigations on behalf of governing boards of health care companies, hospitals, and research institutions.

Representative Matters

  • In multibillion-dollar securities action against Amgen, obtained dismissal with prejudice of shareholder derivative suit and favorable resolution of related actions alleging off-label marketing and misrepresentations concerning drug safety [See “Amgen Beats Decade-old Investor Suit over Off-Label Scheme” in Law360];
  • 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;
  • Secured decertification of a consumer class action against Nutraceutical Corp., a publicly traded and leading manufacturer of health and dietary supplements, in litigation alleging that one of its top-selling products violated California false advertising and unfair competition laws [See “Class Decertified…” in Law360];
  • Obtained dismissal of trade secrets case [See “Teva Loses Amgen Spying Suit Over Blood Drug Secrets” in Law360];
  • Terminated criminal and parallel civil investigations targeting CEO of Fortune 500 medical device manufacturer for alleged complicity in off-label promotion scheme and false and misleading public statements and filings regarding device development;
  • Terminated criminal investigation of Fortune 500 medical device manufacturer alleging FDA violations and cover-up without payment of fine or civil settlement;
  • Obtained prosecution declinations for UCI and former individual “targets” in highly publicized health care fraud investigation of the UCI Liver Transplant Program;
  • Obtained prosecution declination for Kaiser Permanente in Nadya Suleman “Octomom” investigations of alleged HIPAA violations;
  • Resolved federal investigation of alleged celebrity privacy breaches at UCLA without charges or fines;
  • Successfully represented Premier Medical in a multiyear, multiagency task force investigation of alleged worker’s compensation fraud;
  • Resolved tri-state attorneys general investigation into alleged false advertising by Fortune 500 health care company without fines or penalties;
  • Obtained dismissal with prejudice of False Claims Act claims alleged to be worth tens of millions of dollars in action brought against public entity;
  • Representing individual charged in conspiracy related to the illegal import of Canadian pharmaceutical drugs for sale in the United States;
  • Representing GlaxoSmithKline in dispute against another pharmaceutical company concerning pricing and anti-competitive behavior regarding HIV treatment medications;
  • Representing Fortune 500 medical device manufacturer in criminal investigation concerning alleged violations of the Food, Drug & Cosmetic Act, including allegations of knowingly manufacturing adulterated and misbranded medical devices, and violations of the FDA’s Good Manufacturing Practices.