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Crowell & Moring offers a highly experienced and focused health care litigation team that can also draw upon the exceptional range of litigation experience within the firm's class action, white collar, government contracts, antitrust, complex civil litigation, and torts litigation lawyers. Our health care litigators effectively marry the firm's industry knowledge with top-tier litigation skills. Based on the firm's depth and experience in the health care industry, we are exceptionally well positioned to help our clients avoid litigation where possible and win when necessary.

Crowell & Moring represents a broad array of health care clients, including managed care plans, insurers, hospitals, physician groups, behavioral health companies, pharmaceutical companies, biotech companies, and health care trade associations. We regularly represent health industry clients in federal and state courts throughout the country as well as before regulatory agencies at both the state and federal level, in arbitrations, and other extra-judicial forums. Recognized nationwide for our health care and litigation acumen, we are frequently engaged as litigation counsel in class actions and in other cases whose impact is industrywide.

Our litigation services are broad in scope. Our health care litigators have successfully defended clients in the nation's largest class actions against health care plans, obtained injunctions against CMS, recovered hundreds of millions of dollars from the federal government on health care contracts, secured dismissal of RICO class action claims, convinced the Department of Justice to drop criminal and civil False Claims Act investigations of our clients, successfully defended clients under criminal investigation regarding HIPAA privacy compliance, and resolved litigation with state attorneys general on security breach notification allegations. From regulatory challenges and the defense of criminal charges, to commercial and False Claims Act-based civil litigation, our litigators enable clients with complex business structures in a highly regulated industry to successfully navigate their most troubling legal disputes.

The firm has successfully litigated many cutting edge issues on behalf of these clients, including the following types of disputes:

  • Managed care-related litigation, including RICO class actions, breach of contract and underpayment actions, ERISA claims, subrogation class actions, utilization review
  • Fraud and abuse-related litigation such as civil false claims actions (including whistleblower suits), criminal prosecutions, and administrative proceedings
  • Antitrust cases, including successful defense against price fixing, boycott, monopolistic bundled pricing, and provider exclusion allegations for hospitals, insurers, HMOs, and trade associations, and federal court and state insurance department challenges to mergers
  • Claims arising out of federal health care programs, including FEHBP, CHAMPUS/TRICARE, Medicare, and Medicaid
  • Provider Reimbursement Review Board actions
  • Intellectual property and licensure issues
  • Privacy claims
  • False Claims Act allegations concerning establishment of pharmaceutical "average wholesale prices"
  • RICO challenges to alleged fraudulent promotion of prescription medications and alleged conspiracies to deny payment to health care providers
  • Grand jury investigations into compliance with HIPAA privacy obligations regarding disease management programs
  • State attorney general litigation alleging non-compliance with HIPAA and state law security breach notification requirements

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"Payers, Providers, and Patients – Oh My!: Recent Mental Health Parity Enforcement Activities," Podcast: Payers, Providers, and Patients – Oh My! (September 22, 2021). Contacts: Payal Nanavati, Joe Records
Client Alert/Newsletter
"COVID-19 Vaccination and Safety Considerations Following Biden Administration’s New Vaccine Mandate Initiatives," Crowell & Moring Webinar (September 17, 2021). Speakers: Thomas P. Gies, Katie Erno, Janet Walker, Michelle D. Coleman, and Daniel W. Wolff.
Speech/Presentation
"Senator Grassley Introduces Long-Promised Proposed Amendments to the False Claims Act," False Claims Bullet Points (July 27, 2021). Contacts: Brian Tully McLaughlin, Michael Shaheen, Stephen M. Byers, Preston L. Pugh, Lyndsay A. Gorton
Client Alert/Newsletter
North Carolina Lt. Governor Wrong About HIPAA Politifact (July 14, 2021)
Media Mentions
IBM Must Face Suit Saying It Tricked IRS Into Software Deal Bloomberg Law (July 6, 2021)
Media Mentions
"OSHA’s COVID-19 Emergency Temporary Standard Publishes in the Federal Register, Triggering Compliance Deadlines for Healthcare Employers," Labor & Employment Law Alert - US (June 24, 2021). Contacts: Thomas P. Gies, Daniel W. Wolff, Katie Erno, Rachel Lesser
Client Alert/Newsletter
"Affordable Care Act Survives Third Supreme Court Challenge," Health Care Alert (June 22, 2021). Contacts: Stephen J. McBrady, Daniel W. Wolff, Payal Nanavati, Jay DeSanto, Ellie Riegel, Joe Records
Client Alert/Newsletter
Is Your Data Supply Chain Ethical? Don’t Restrict Due Diligence to Physical Operations. (June 15, 2021). Authors: Andrew Blasi and Nicholas J. Diamond.
Publications
"OSHA Releases Highly Anticipated Safety Rule for Healthcare Employers and Updated Guidance for All Employers," Labor & Employment Law Alert - US (June 14, 2021). Contacts: Thomas P. Gies, Daniel W. Wolff, Katie Erno
Client Alert/Newsletter
The Federal Government May Need To Play A Role In Vaccine Credentials, Despite Reluctance Government Executive (June 8, 2021)
Media Mentions

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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