With government enforcement and private whistleblower activity at an all-time high, the financial, reputational and personal costs associated with defending False Claims Act (FCA) and other civil and criminal investigations can be enormous. With more than 50 experienced trial lawyers and more than 80 health regulatory, transaction and compliance lawyers in offices located across the United States and internationally, we have one of the largest and most accomplished health care litigation practices worldwide.
We regularly represent clients in civil and criminal litigation, US Office of Inspector General (OIG) investigations, corporate internal investigations, data privacy investigations and litigation, congressional hearings, and domestic and international arbitrations. As evidence of the quality and consistency of our counsel, we are the only law firm to receive Tier 1 rankings in health care nationally by all of the industry's top legal directories: Chambers USA, The Legal 500 USA and US News - Best Lawyers.
McDermott represents organizations in every major sector of the health care industry, including the following:
We provide wide-ranging defense of health care clients in antitrust, bankruptcy, class action, fraud and abuse, white-collar, marketing and pricing, intellectual property, products liability, payer and tax-exemption disputes.
Of the hundreds of cases we have tried in federal and state courts throughout the United States, the single statute we litigate most frequently is the FCA and the accompanying qui tam provisions. The incentives for individuals who report allegations of misconduct, and for the lawyers who represent these plaintiffs, are greater than ever: whistleblowers in successful qui tam cases can receive up to 30 percent of the government's recovery, and their legal counsel can earn significant contingent and statutory attorney fees. The risks to businesses have also skyrocketed and include treble damages, significant statutory penalties, and potential suspension or debarment.
Our lawyers have successfully defended numerous health care, pharmaceutical and medical device companies and their executives against a broad range of claims under the FCA and criminal statutes.
Our respected FCA Update blog, written and edited by McDermott lawyers, regularly explores recent developments in FCA litigation, enforcement and compliance.