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In Brief: A Digest of Government Compliance Investigations Litigation Projects

 
Client Success
  • Achieved a favorable outcome for a southwest Missouri healthcare client. The three-hospital system faced extensive federal civil liability for physician compensation agreements put in place before the firm’s representation. Additionally, there were concerns that the federal government would consider criminal charges against individual employees for the conduct. In representing the healthcare system, our team conducted an internal investigation, counseled the client through a voluntary disclosure and negotiated a final resolution. As part of our advocacy, we encouraged the federal government to consider legal theories that greatly reduced the amount of the government claims. Our client was able to resolve the investigation with no criminal charges and no admissions that it violated the federal False Claims Act. This course enormously reduced repayment obligations and prevented costly post-settlement government oversight;
  • In the wake of a merger of two major medical device manufacturers, assisted the company in analyzing compliance risks associated with the federal food and drug regulations, False Claims Act and anti-kickback statutes. Wrote policies for conducting investigations and a manual for Foreign Corrupt Practices Act policies and procedures. Also conducted extensive interviews of national sales team and made recommendations to prevent off-label marketing.
  • Counseled a Big Four accounting firm during a crisis that began when the receiver for a bankrupt former client questioned the auditor’s statement of certain financial transactions. Advised on potential criminal exposure, regulatory scrutiny and shareholder communications.
  • Represented industrial users of power in opposing the first-ever hostile takeover in the public utilities industry before the Missouri Public Service Commission and the Kansas Corporation Commission;
  • Achieved favorable outcomes in the defense of many publicly traded companies against whistleblower allegations investigated by the Department of Justice and the Securities and Exchange Commission.