Laura McLane heads the Boston Litigation Practice Group and is a nationally renowned False Claims Act (FCA) litigator in healthcare and life sciences enforcement matters. For more than 20 years, Laura has represented clients in healthcare, securities and other government investigations and litigation. Clients call Laura “an exquisite lawyer, very smart and incisive” (Chambers USA).
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 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 Supreme Court of the United States. 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. 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. Clients state that Laura is “fantastic, . . . efficient and able to pull in knowledgeable resources right to the issue” (Legal 500 US). 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) at both 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.
- Defends national and global healthcare providers spanning multiple provider types, including but not limited to hospitals, urgent care, emergency medicine, telemedicine, dentistry, dialysis, behavioral health, as well as medical device manufacturers, pharmaceutical manufacturers and healthcare investors, in government investigations and qui tam litigation under the False Claims Act and related statutes, including the Anti-Kickback Statute and the Stark Law
- Represented the defendant in the groundbreaking Escobar case during which Laura obtained a writ of certiorari from the United States Supreme Court, after which the Court unanimously reversed an adverse decision of the court of appeals in the most important FCA decision in decades
- Successfully advocated on behalf of numerous clients in persuading prosecutors and enforcement agencies to decline to bring charges or intervene
- 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
- Chambers USA, Litigation: White-Collar Crime & Government Investigations, 2021 to 2023
- Legal 500 US, 2020 to 2022
- The Best Lawyers in America, Litigation – Health Care, 2019 to 2023
- Who’s Who Legal: Healthcare, 2021
Boston University School of Law, JD, cum laude, 1999
Emory University, BA, 1996
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