Sidley has one of the most active Healthcare Enforcement practices in the world. We have represented numerous healthcare companies in well more than 100 criminal cases and civil enforcement actions over the years. Our clients on significant matters have included major manufacturers of drugs, devices and biotech products as well as providers of all types. Because our cases are often high profile matters of significant concern to our clients, we have extensive experience dealing with senior management and Boards of Directors.
We represent clients in federal criminal and civil enforcement matters brought by Main Justice and by U.S. Attorneys' offices around the country - including Boston, Philadelphia, New York, California, Illinois, Texas and Florida. We work with clients on all aspects of enforcement matters, from search warrants to grand juries to ultimate resolution, on all major issues facing the industry. We have convinced a number of prosecutors to decline cases and have successfully resolved numerous others. On several occasions, we have negotiated “global” - i.e., federal and multi-state - settlements. We have also negotiated numerous Corporate Integrity Agreements.
In conjunction with our federal enforcement work, we litigate civil qui tam actions at both the district court and appellate levels. In such cases we have encountered virtually every issue that can arise - from jurisdictional issues to constitutional issues to intricate questions regarding causation, materiality, and falsity.
We have defended clients in enforcement actions brought by a number of states. In particular, we have experience representing clients in connection with multi-state consumer protection matters and multi-state Medicaid fraud matters.
We discreetly conduct internal investigations prompted by whistleblower complaints and internal audit findings. We advise clients on the full range of issues arising from such investigations, including self-disclosure, repayment obligations and human resource considerations.
We leverage our enforcement experience to advise healthcare companies on how to structure effective compliance programs that successfully identify and mitigate risk across the full range of issues most pressing to each client. We also offer practical advice to investors and purchasers on enforcement risk in the context of transactions, and assist with post-closing compliance remediation to address future enforcement risk.
We also have extensive experience representing both corporate clients and senior members of management in connection with Congressional investigations on a wide range of issues. Our lawyers have represented clients on all facets of such investigations, from informal requests for information through televised hearings before various committees.
Our enforcement team includes former senior Department of Justice officials, a former U.S. Attorney and several former Assistant U.S. Attorneys, Congressional staffers, and former White House and other Executive Branch officials, including the Department of Health and Human Services, with extensive enforcement experience.