Civil Litigation

• Humana Inc. v. Xavier Becerra, Secretary of US Department of Health and Humana Services (N.D. Tx. 2023): Lead counsel for health plan in Administrative Procedure Act challenge to regulation issued by the Centers for Medicare and Medicaid Services governing Risk Adjustment Data Validation audits of Medicare Advantage plans.
• US ex rel Osinek v. Kaiser Permanente et al. (N.D. Ca. 2021): Lead counsel for health plans and provider groups in False Claims Act suit filed by US Justice Department in connection with Medicare Advantage risk adjustment data submitted to CMS.
• US v. Anthem, Inc., No. 20-02593 (S.D.N.Y. 2020): Lead counsel for health plan in False Claims Act suit filed by US Justice Department in connection with Medicare Advantage risk adjustment data submitted to CMS.
• Emergency Group of Az. Prof. Corp. v. United Healthcare Inc., No. 19-04687 (D. Az. 2019), Emergency Care Servs. of Pa., P.C. v. UnitedHealth Group, Inc., No. 19-01195 (M.D. Pa. 2019), Buffalo Emergency Assoc., LLP v. UnitedHealth Group, Inc., et al., No. 19-01148 (W.D.N.Y. 2019), and Florida Emergency Physicians Kang & Assocs., M.D., Inc. v. United Healthcare of Fla., Inc., No. 20-60757 (S.D. Fla. 2020): Lead counsel for health plan in civil RICO actions filed by emergency room staffing companies in connection with health plan's reimbursement of out-of-network services.
• Health Care Services Corporation v. United States, No. 20-00259 (Fed. Cl. 2020): Lead counsel for health plan that successfully sued the United States under the Tucker Act to recover risk corridors payments due to plan under Affordable Care Act, securing final judgment of nearly $2 billion.
• US ex rel Scott v. Humana Inc., No. 18-00061 (W.D. Ky. 2017): Lead counsel for health plan in qui tam action filed by actuary alleging that plan violated False Claims Act in connection with actuarial assumptions in Medicare Part D bids submitted to CMS.
• State of California v. State of Texas, No. 19-840 (S. Ct. 2020): Lead counsel for the Blue Cross Blue Shield Association as amicus curiae, arguing in support of the constitutionality of the Affordable Care Act in challenge filed by various state attorneys general that argued ACA's individual mandate was unconstitutional.
• Dialysis Patient Citizens v. Alex M. Azar, No. 20-01664 (D.D.C. 2020): Lead counsel for America's Health Insurance Plans as amicus curiae, arguing in support of CMS rule removing certain dialysis treatments from time and distance requirements for Medicare Advantage network adequacy.
• Marcus v. FedEx Ground Package Systems, Inc., No. 2018CA004903 (Fla. 4th Cir. Ct. 2018): Lead counsel for package delivery company and contracted driver in wrongful death action arising from fatal accident involving the alleged negligent operation of a delivery van.
• In re Chiquita Brands International, Inc., Alien Tort Statute & Shareholder Derivative Litigation, No. 08-01916 (S.D. Fla. 2007): Lead counsel for former chair of Chiquita's Audit Committee in mass action filed by families of Colombian nationals allegedly murdered by Colombian paramilitaries who seek to hold company and certain officers and directors civilly liable under the Alien Tort Statute.
• US ex rel Graves v. Plaza Medical Centers Corp. et al. (S.D. Fla. 2010), No. 10-23382: Lead counsel for health plan in False Claims Act action filed by network physician alleging plan failed to detect and correct false risk adjustment data submitted by another physician in plan's Medicare Advantage network.
• Gray, et al. v. FedEx Ground Package System, Inc., No. 06-422 (E.D. Mo. 2006); Wells, et al. v. FedEx Ground Package System, Inc., No. 10-2080 (E.D. Mo. 2010): Lead counsel for delivery company in a three-week jury trial in federal court filed by dozens of former pickup and delivery contractors challenging company's independent contractor business model.
• In re: Managed Care, et al., No. 00-1334 (S.D. Fla. 2000): Lead counsel for commercial health plan in connection with the multi-district RICO class action suits brought by 600,000 medical doctors against the managed-care industry.
• FPL Group, Inc. and subsidiaries v. Commissioner of Internal Revenue, Nos. 20146-05 (T.C. 2005) and 1199-07 (T.C. 2007): Lead counsel for utility company in week-long bench trial before US Tax Court in connection with company's nearly $300 million refund claim against the IRS.
• Sacred Heart Health System, et al. v. Humana Military Healthcare Services, Inc., No. 07-00062 (N.D. Fla. 2007): Lead counsel for health plan in connection with a mass action filed in federal district court by forty hospital systems challenging reimbursements under the TRICARE program.
• Whiting v. AARP, et al., No. 09-00455 (D.D.C. 2009): Lead counsel for health plan in connection with a nationwide class action filed in federal district court alleging misrepresentation of insurance plans co-branded by AARP.
• Brookings Institution, in connection with a variety of civil litigation matters.
• National Federation of Independent Business, et al. v. Sebelius, et al., No. 11-393 (S. Ct. 2012) and States of Florida, et al. v. Department of Health and Human Services, et al., No. 11-400 (S. Ct. 2012): Lead counsel for US Chamber of Commerce, in connection with amicus curiae briefs filed with the US Supreme Court relating to constitutional challenges to the Affordable Care Act.
• Skiles v. CarePlus Health Plans, Inc., et al., No. 14-14087 (11th Cir. 2014): Lead counsel for America's Health Insurance Plans, in connection with amicus curiae briefs filed in the US Court of Appeals for the Eleventh Circuit relating to removal jurisdiction under the Medicare Act.

Criminal, Congressional & Regulatory Investigations

• Apple Inc., in connection with a Senate investigation of the company's tax practices.
• Former Senate Majority Leader William H. Frist, M.D., in connection with investigations surrounding his sale of stock from federally qualified blind trusts.
• Former Senator Pete Domenici in connection with a federal grand jury and Senate Ethics Committee investigation of his communications with the US Attorney for the District of New Mexico.
• Former Secretary of Commerce John Bryson in connection with a congressional investigation of government loan programs to expand broadband networks to rural areas.
• 58th Presidential Inaugural Committee in connection with grand jury and congressional investigations of the inaugural committee’s fundraising and spending practices.
• UnitedHealth Group, in connection with Senate and House investigations of its business practices in the small group and individual health insurance markets.
• Goldman Sachs Group, in connection with a Senate investigation of its subprime mortgage business, and a House investigation of its executive compensation practices.
• Harvard Medical School and Partners Healthcare System, in connection with a Senate investigation of corporate sponsorship of medical research.
• Harvard University, in connection with a House investigation of the molecular-target laboratory contract awarded by the National Cancer Institute.
• The Museum of Modern Art, in connection with a Senate investigation of its conduct as a tax-exempt organization.
• Former General Counsel of Hewlett-Packard, in connection with investigations of the company's efforts to prevent leaks of sensitive business information from board meetings.
• Former General Counsel of Bell South International, in connection with an FCPA investigation of a Nicaraguan subsidiary.
• Former New Jersey Governor and EPA Administrator Christine Todd Whitman, in connection with a House investigation of EPA's response to the terrorist attacks of September 11, 2001.
• Ford Motor Company, in connection with numerous House and Senate investigations of the Firestone tire recall.
• UBS AG, in connection with a Senate investigation of its offshore banking business.
• Hess Corporation, in connection with a Senate investigation of its business operations in Equatorial Guinea and Gabon.
• Former CEO of the Enron Corporation, in connection with numerous House and Senate investigations of the Enron bankruptcy.