Kristin Graham Koehler

A sampling of Kristin’s representative client matters includes:

Healthcare Fraud

• Represented Ista Pharmaceuticals, Inc. in criminal and civil qui tam investigations involving off-label promotion and kickbacks brought by DOJ’s Consumer Protection Branch and Civil Fraud Section and the U.S. Attorney’s Office for the Western District of New York.

Procurement Fraud

• Represented the world’s largest aluminum extrusion manufacturing company, Hydro Extrusion LLC, in DOJ criminal procurement fraud and civil qui tam investigations involving alleged non-conforming parts supplied for NASA and Department of Defense programs, as well as in administrative suspension and debarment proceedings before NASA.

Public Corruption

• Represented the former CFO of a publicly traded Silicon Valley company regarding public corruption allegations concerning a Fourth of July trip to Las Vegas with a government official.

Antitrust

• Represented a Fortune 100 transportation company in connection with grand jury investigations of price fixing in the air cargo and freight forwarder industries.
• Represented a major electronics company in connection with several DOJ grand jury investigations of anti-competitive conduct in the cathode ray tube, plasma display panels and optical digital device markets.
• Represented a Japanese executive in connection with grand jury investigation of price fixing in the auto parts industry in which the executive was successfully carved-in to the company’s resolution.

Securities Fraud

• Represented a former American International Group (AIG) executive in United States v. Ferguson, et al., a criminal securities fraud case in the District of Connecticut regarding an allegedly fraudulent reinsurance transaction by AIG, in which a favorable deferred prosecution agreement was secured.

FCPA

• Successfully obtained prosecutorial declinations from DOJ and SEC for companies in significant FCPA investigations. Most recent declinations were for a multinational pharmaceutical company involving allegations of FCPA violations in Tunisia and for a multinational transportation company involving allegations of FCPA violations in Iran.

Civil Qui Tams

• Represented biopharmaceutical company Incyte Corporation in a civil qui tam action, United States of America ex rel. Dillon v. Incyte Corporation, involving its charitable donations to patient assistance foundations. After an intensive DOJ investigation, the government declined to intervene in the qui tam action. The matter was resolved very favorably for the company without any admission of liability or a Corporate Integrity Agreement.
• Represented Laureate Education, Inc., one of the world’s largest higher education institutions, in connection with a qui tam action, United States of America ex rel. Sawyer and Kosicek v. Walden University LLC and Laureate Education, Inc. After an extensive internal investigation and considerable engagement with the DOJ, successfully convinced DOJ to decline to intervene in the qui tam action, and the relators subsequently dismissed the case.
• Represented Bayer Corporation in a qui tam action, United States of America ex rel. Simpson v. Bayer Corporation, et al., involving U.S. Department of Defense contracts and Bayer’s cholesterol-lowering drug Baycol. After an extensive investigation by DOJ, successfully convinced DOJ to decline to intervene in the matter.

State AG Investigations

• Represented a major national food distribution corporation in investigations by the Attorney General Offices of New York, Florida and California involving alleged claims that the company failed to pass back discounts and rebates to the states in connection with contracts with state entities.
• Represented major pharmaceutical manufacturers in state attorneys’ general multi-state investigations regarding fraudulent marketing practices involving prescription drugs, over-the-counter drugs and dietary supplements.

Congressional Investigations

• Represented a major defense contractor in connection with a GAO audit and congressional investigation concerning the U.S. Navy’s Littoral Combat Ship (LCS) Program.
• Represented a major defense contractor in a Senate Armed Services Committee investigation and hearing into the use of private subcontractors in Iraq and Afghanistan.

Corporate Integrity Agreements

• Represented GlaxoSmithKline and numerous other manufacturers in Corporate Integrity Agreement negotiations with HHS OIG.
• Has also been successful on a number of occasions in convincing OIG that a CIA was not warranted.

Internal Investigations

• Conducted an internal investigation for the Human Rights Campaign and the Human Rights Campaign Foundation related to the inclusion of the president of the two organizations, Alphonso David, in the New York Attorney General’s report of the investigation of then-Governor Andrew Cuomo.
• Represented The Ohio State University football coach Urban Meyer relating to the allegations regarding an assistant coach on his staff.
• Conducted internal investigations of both a Fortune 25 and a Fortune 100 company regarding allegations of impropriety on the part their CEOs.
• Conducted internal investigations into “Me Too” claims against senior officers of several major companies.

Trials

• Member of the trial team in United States v. Tyson Foods, Inc., representing the company in jury trial on a 36-count indictment charging conspiracy to violate federal immigration laws and seeking criminal forfeiture of over US$100 million, which resulted in jury acquittal on all counts.
• Member of the trial team in Pickett v. IBP, representing the nation’s largest beef-packing company in a jury trial of class action claims seeking over US$2 billion in damages on the theory that supply contracts had anticompetitive effect on beef cattle prices. The trial court’s order of judgment as a matter of law was affirmed by the Eleventh Circuit.
• Lead lawyer in rare original action in the U.S. Supreme Court, Alabama, et al. v. North Carolina, No. 132, in which Sidley represented Alabama, Florida, Tennessee and Virginia against North Carolina for the latter’s failure to site a low-level radioactive waste facility pursuant to an interstate compact.

• Kristin holds several leadership positions within Sidley. She is a member of the firm’s Management Committee, Executive Committee, and Office of General Counsel. She also serves as the managing partner of the Washington, D.C. office and head of the D.C. Litigation group.
• Kristin is the global secretary and D.C. chapter co-leader of the Women’s White Collar Defense Association and is the co-chair of the Chief Compliance Officers’ Forum.
• Kristin is a member of the American Law Institute (ALI), where she contributes to ALI’s work of clarifying the law through Restatements, Principles, and Model Codes.
• An active member of the American Bar Association (ABA), Kristin is a former chair of the Young Lawyers Subcommittee of the ABA’s Criminal Justice Section, White Collar Crime Committee. She also has held several leadership positions in the ABA’s Section of Litigation, serving as the National Chair of the Section’s Annual Conference (2008), and is a former chair of its Criminal Litigation Committee.