Health (Litigation)

 

• Consultant on major pharmaceutical product liability and mass tort litigations, antitrust, and litigation involving labor and employment issues, such as the termination of employment relationships involving key executives.

 

• Litigation consultation and management, such as for whistleblower cases involving anti-kickback issues, best prices, best values, Medicaid and Medicare, credentials misrepresentation, improper coding or upcoding goods or services, fraudulent billing, off-label marketing, patient information misrepresentation, procedures bundling or unbundling, self-referrals, and managed investigations of potential compliance and governance issues.

 

• Managed and coordinated domestic and international litigation and document review legal teams, law firms, consultants and experts for various litigations, such as for pharmaceutical patent infringement.

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• Design and implementation of a written antitrust compliance program to educate the entire organization regarding antitrust issue avoidance (by including a manual with a detailed description of antitrust laws and their purpose, and possible situations violating such laws) through spotting potential risks, encouraging the reporting of anticompetitive issues and deterring risky conduct, including regular monitoring and audits to verify compliance, strong sanctions for non-compliance by employees and strategies to neutralize possible retaliatory actions by employees terminated for non-compliance.

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• Experience with pharmaceutical antitrust litigation involving reverse-payment issues.

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• Hart-Scott-Rodino filings, agency follow-up inquiries, second requests and merger investigations.

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• Experience with a hospital system seeking state action antitrust law immunity for a proposed merger.

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• Experience with a state attorney general against a pharmaceutical company alleging international price fixing.

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• Experience with a pharmaceutical company in multiple antitrust and class actions and actions alleging violations of state antitrust and consumer protection laws.

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• Experience with antitrust litigation alleging horizontal agreements to undervalue insurance claims.

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• Experience with a multi-district antitrust litigation involving allegations of collusion by insurers to cap rates, reimbursements at artificially low levels and boycotting competitors.

 

• Very successful collections, and provided records management and records retention training and support to domestic and international personnel.

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• Management of the general litigation budget established by management, as well as reserves for each individual litigation, including allocations for outside counsel, subject matter experts (SMEs), consultants and support personnel.

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    Last updated 210509_1449