Overview
Laura McLane serves as head of McDermott’s Boston Litigation Practice Group and as co-chair of the Firm’s Healthcare Litigation Team. For more than 20 years, Laura has represented national and international clients in healthcare, securities and other government enforcement matters, both civil and criminal.
A significant part of Laura’s practice is devoted to representing healthcare and other companies, including private equity firms, in government investigations and qui tam litigation based on the False Claims Act (FCA) and related statutes, including the Anti-Kickback Statute and the Stark Law. Laura represents clients in FCA cases pending in federal district courts throughout the country, as well as in federal courts of appeals and the US Supreme Court. Laura has extensively litigated the myriad issues that typically arise in FCA cases, including representing her client in the landmark Escobar case in the Supreme Court. In addition, she routinely advises clients concerning all aspects of parallel civil and criminal investigations relating to Medicare and Medicaid billing and other government contracting issues, including negotiating with the government and managing clients’ responses to civil investigative demands and large-scale investigative subpoenas. Laura also conducts internal investigations for clients and works with them on a day-to-day basis to help enhance their internal FCA compliance processes and programs.
Laura represents individual and corporate clients in securities fraud investigations and civil enforcement actions brought by the US Securities and Exchange Commission (SEC), both at the trial and appellate levels. For example, she tried a multi-week case before the SEC’s Chief Administrative Law Judge (ALJ) and won, defeating the SEC’s Division of Enforcement in connection with a litany of securities fraud charges arising from the sub-prime mortgage crisis. When the Commission later reversed the ALJ’s decision, Laura appealed to the US Court of Appeals for the First Circuit, which vacated the Commission and exonerated her client. Laura has also achieved successful pre-litigation results for clients in SEC investigations, including convincing the SEC to decline to pursue charges as a result of the Wells process.
Laura also represents clients in complex business disputes and products liability actions, and she routinely defends other law firms in professional liability matters.
Finally, Laura has substantial pro bono experience at the federal level, representing clients from start to finish in connection with a variety of criminal charges.
Results
- Defends national and global healthcare providers spanning multiple provider types, including dentistry, dialysis, behavioral health, ambulance services and hospitals, in government investigations and related qui tam FCA litigation; also defends medical device and pharmaceutical manufacturers in government investigations and qui tam litigation
- Successfully advocated on behalf of numerous clients in persuading prosecutors and enforcement agencies to decline to bring charges or intervene
- Obtained writ of certiorari from the United States Supreme Court on behalf of a healthcare provider client in an FCA case, after which the Court unanimously reversed an adverse decision of the court of appeals
- Won appeal before the US Court of Appeals for the Fifth Circuit, which affirmed district court’s dismissal of relators’ retaliation claims and denial of leave to amend to add new retaliation claims under the FCA
- Tried a multi-week case before the SEC’s Chief Administrative Law Judge (ALJ) and won, defeating the SEC’s Division of Enforcement in connection with a litany of securities fraud charges arising from the sub-prime mortgage crisis. When the Commission later reversed the ALJ’s decision, Laura appealed to the United States Court of Appeals for the First Circuit, which vacated the Commission and exonerated her client
- Defends companies and individuals in the defense contracting industry in connection with FCA actions and investigations
- Represented an executive of a major locomotive manufacturer in connection with an SEC investigation arising from revenue recognition issues; after making a Wells submission, the SEC declined to pursue charges
- Defended a major aircraft engine manufacturer in complex products liability lawsuits and obtained favorable settlements
- Represented a large corporate client in connection with Foreign Corrupt Practices Act (FCPA) issues in the Middle East
- Represented an agricultural client in connection with investigations by local and federal authorities arising from a workplace accident and conducted a related internal investigation on the client’s behalf
Recognitions
- The Best Lawyers in America 2019 to 2021, Litigation – Health Care
- Super Lawyers, Rising Star
- The Legal 500 United States 2020
- Who’s Who Legal: Healthcare 2021
Credentials
Education
Boston University School of Law, JD, cum laude, 1999
Emory University, BA, 1996
Admissions
Massachusetts
Courts / Agencies
Supreme Court of the United States
US Court of Appeals for the First Circuit
US Court of Appeals for the Second Circuit
US Court of Appeals for the Fifth Circuit
US District Court for the District of Massachusetts