Representative Experience

Health Care Enforcement Defense

• Defended a national durable medical equipment supplier against a multiyear U.S. Department of Justice (DOJ) investigation into allegations that the company violated the False Claims Act. Lori’s work included conducting an intensive internal investigation, coordinating the response to multiple Civil Investigative Demands and related, extensive negotiations with the government, and successfully resolving DOJ and whistleblower claims without her client having to step foot in a courtroom.
• Successfully defended a nonprofit medical center against allegations that it violated the False Claims Act, New York False Claims Act, Anti-Kickback Statute, and Stark Law. Won motion to dismiss in federal court, achieving dismissal of the case.
• Successfully defended a nonprofit medical center and a related pharmacy against allegations they violated the False Claims Act, Anti-Kickback Statute, and Stark Law. Won motion to dismiss in federal court, achieving dismissal with prejudice.
• Represented a national medical laboratory in federal court against allegations that the laboratory violated the False Claims Act, the California False Claims Act, the Anti-Kickback Statute, and the California Insurance Frauds Prevention Act. Lori’s work included leading the litigation against the whistleblower, including a partially successful motion to dismiss, and successfully resolving the matter with the whistleblowers and federal and state governments in mediation.
• Responded to multiple federal and state government subpoenas and inquiries related to the opioid crisis and successfully defended client in related investigations.
• Counseled clients on potential litigation regarding state laws in the post-Dobbs era.

Other Health Care Litigation

• Successfully challenged a Medicare rate reduction promulgated by the United States Department of Health & Human Services (HHS) in federal court, resulting in a remand to the agency and a related increase in payments to hospitals nationally.
• Successfully challenged HHS approval of a Medicaid state plan amendment in federal court, achieving vacatur of HHS’s approval.
• Successfully negotiated settlement agreements with HHS in multiple matters related to Medicare reimbursement, resulting in significant sums being paid to hospital and consulting firm clients.
• Intervened in federal court litigation on behalf of a pharmaceutical manufacturer when its competitor challenged Food & Drug Administration agency action and inaction impacting the client. Successfully reached resolution.
• Leads the Foley team that serves as lead counsel to, and regularly advises, a national hospital trade association on a variety of matters in the health care industry.

Government Contract Litigation, Investigations, and Enforcement Defense

• Represented a global government contractor in a multiyear investigation by multiple federal agencies and achieved a government declination of case pre-litigation.
• Defended a global government contractor in False Claims Act litigation in federal court against a whistleblower until a successful case resolution was reached.

Investigations and Litigation About Data Security and Financial Improprieties

• Conducted an internal investigation on behalf of a large multinational company related to misappropriation of company funds and potential misappropriation of sensitive business data.
• Conducted an internal investigation on behalf of a physician group related to competitor allegations of stolen business data.
• Conducted an internal investigation on behalf of energy company related to suspected improper financial transactions.