Representative Matters

Representations:

• Aerospace manufacturer in investigation and subsequent civil litigation pursued by qui tam relator and Department of Justice involving allegations that aircraft sold to the Army contained non-conforming part
• Aerospace manufacturer in civil litigation pursued by qui tam relator involving allegations of price fixing and market allocation
• Consulting firm in Department of Justice investigation regarding allegations of false claims in connection with requests for travel reimbursement
• Financial institutions in Illinois state court action pursued by qui tam relator under state and local FCA-equivalents involving slavery-era disclosure requirements
• Freight forwarding company in Department of Justice investigation regarding allegations of inflated billings with respect to outsourcing of U.S. Postal Service functions
• Healthcare company in litigation pursued by qui tam relator involving allegations of FCA and state FCA-equivalent violations in the inducement and performance of obligations to administer healthcare benefits to Medicaid recipients
• Health systems in Department of Health & Human Services and Department of Justice investigations regarding allegations of claims for impermissible cost “outlier” payments under Medicare
• Health systems in civil litigation pursued by qui tam relators involving allegations of improper claims for reimbursement under Medicare
• Health system in investigation and subsequent civil litigation pursued by qui tam relators and Department of Justice involving allegations of claims for impermissible cost “outlier” payments under Medicare
• Hospitals in joint Department of Justice and Health & Human Services Office of Inspector General FCA investigations involving medical necessity of inpatient coding for procedures reimbursed by Medicare and Medicaid
• Insurance company in Department of Justice investigation and subsequent civil litigation pursued by qui tam relator involving allegations of mishandling workers’ compensation cases
• Insurance company in California state court action pursued by qui tam relator under state FCA-equivalent involving allegation of failure to pay tax on insurance premiums
• Insurance company in Nevada state court action pursued by qui tam relator under state FCA-equivalent involving allegations of unconstitutional transfer of assets pursuant to legislative action and gubernatorial proclamation
• Investment firm in California state court action pursued by State of California under state FCA-equivalent involving insolvency of an insurance company
• Managed care organization in action pursued by District of Columbia under D.C. FCA-equivalent involving allegations of misreported expenses incurred in arranging for the provision of healthcare benefits to Medicaid beneficiaries
• Oil and gas company in litigation pursued by qui tam relator involving allegations of natural gas mismeasurement from federal lands
• Retailers in Illinois state court action pursued by State of Illinois and qui tam relator involving allegations of failure to collect state Use Tax for online sales to Illinois consumers
• Numerous other industry sectors in connection with ongoing non-public investigations

Opinions:

• Grynberg v. Koch Gateway Pipeline Co., 390 F.3d 1276 (10th Cir. 2004)
• California v. Altus Finance, 36 Cal. 4th 1284 (2005)
• U.S. ex rel. Batty v. Amerigroup Illinois, Inc., 528 F. Supp. 2d 861 (N.D. Ill. 2007)