Lisa M. Noller

Partner

Lisa Noller gets results.

A trial lawyer and investigator in our Chicago office, Lisa is chair of the firm’s national Litigation Department and former chair of the firm’s Government Enforcement Defense & Investigations Practice Group and the firm’s Management Committee.

Named to the inaugural Forbes America’s Top 200 Lawyers list and recognized by Who’s Who Legal: Investigations in 2024, Lisa has spent over 25 years investigating, litigating, and trying complex criminal and civil cases, responding to government investigations, conducting corporate internal investigations, and persuading the government not to pursue clients. “Lisa has been lauded by clients and colleagues for her subject-matter expertise, investigative prowess, tenaciousness and integrity,” noted the Forbes editor, and “she is an expert in healthcare litigation and white-collar defense.” As a member of the prestigious American College of Trial Lawyers since 2015, Lisa has been recognized for her trial success in over 30 civil and criminal trials in state and federal courts. She represents companies and individuals in parallel civil and criminal proceedings initiated by government agencies, and proactively counsels clients in enforcement and other litigation matters. Lisa successfully has represented clients in many districts around the country, most often in Illinois, Arizona, Florida, Tennessee, Texas and Wisconsin.

Lisa is particularly renowned for her excellence in healthcare litigation: sources label her “an exceptional attorney in the area of healthcare.” She represents providers in helping them navigate the False Claims Act and criminal matters, including Anti-kickback Statute (AKS), PPP loans and Managed Care/Medicare Advantage issues. Lisa has served as a private mediator in an AKS dispute, and she was court-appointed as the special master for discovery in a complex tax shelter and fraud case.

“[Lisa] is very knowledgeable in the health care regulatory area,” according to Chambers and Partners USA. “Clients love her – she’s very personable, she’s bright and she knows this space incredibly well.”

“[Lisa] really knows about government investigations. She is very knowledgeable and to-the-point with her advice,” according to Thomson Reuters.

“[Lisa] is one of the best lawyers in Chicago. She has impeccable judgment and is a tremendous trial lawyer.”

Lisa is widely known for her handling of False Claims Act litigation, public corruption charges, antitrust, and high-stakes fraud matters. Clients note:

“[Lisa] keeps us well informed, is pragmatic in her approach and keeps things moving along.” – Chambers and Partners USA 

Lisa utilizes her extensive experience as a former civil and criminal prosecutor to defend health care and life science clients against false claims allegations. Clients note:

“She’s a preeminent person in Chicago’s FCA space.”

Lisa is frequently sought nationally and locally to be an author, speaker, panelist, and conference organizer on topics related to False Claims Act defense, government investigations, and white-collar criminal defense, among other topics. She is a lecturer in law at the University of Chicago Law School, where she founded and teaches the Prosecution and Defense Clinic and is Chair of the Law School Council. She also is an adjunct professor at Northwestern Law School, where she teaches trial advocacy.

Prior to joining Foley, Lisa was an assistant U.S. attorney in Chicago, where she worked in both the civil and criminal divisions of the office. She was a member of the U.S. attorney’s team dedicated to the prosecution of healthcare fraud in Northern Illinois, and she has worked on numerous complex fraud cases as well as parallel investigations with other agencies, including HHS-OIG, NIH, and the SEC. Lisa served as a deputy chief in the U.S. Attorney’s Office, most recently in the Financial Crimes and Special Prosecutions Section, where she prosecuted complex federal criminal cases from investigation through appeal involving the AKS, Stark Law, public corruption, mortgage fraud, bank fraud, health care fraud, tax fraud, research grant fraud, racketeering, embezzlement, money laundering, obstruction of justice, and terrorism financing.

She earned a Director’s Award for Superior Performance for successfully trying a 100-count RICO case, and she also received the Mitch Mars Prosecutorial Excellence Award from the Chicago Crime Commission. Before joining the Criminal Division, she also worked for three years in the Civil Division, where she represented the United States in affirmative civil enforcement and health care fraud actions, including False Claims Act matters. In addition to her trial experience, Lisa also has successfully argued numerous appeals before the Seventh Circuit Court of Appeals. In 2014, Lisa earned a white belt certificate in Legal Lean Sigma® and project management from the Legal Lean Sigma Institute.

Lisa Noller leads Foley’s department of 400 litigators in 26 offices across the country. She is herself one of the firm’s most experienced courtroom trial attorneys, having won 35 civil and criminal trials in federal and state courts. Clients particularly rely on Lisa’s experience and success trying fraud cases, with emphasis defending False Claims Act cases, Anti-kickback statute allegations and public corruption cases. As a federal prosecutor, Lisa was the lead investigator and trial attorney in United States v. Borassi, the Seventh Circuit’s seminal AKS case. In private practice, Lisa has secured victories in fraud trials, and also helps clients avoid trials through pre-trial advocacy.

Lisa’s prosecution and defense trial victories primarily are in the Northern District of Illinois in Chicago, and she teaches trial advocacy courses and the Prosecution and Defense Clinic at the University of Chicago Law School that apply the Federal Rules of Evidence.

After being elected to the prestigious American College of Trial Lawyers in 2015, Lisa now serves on one of its selection committees.

Representative Experience

  • Secured Deferred Prosecution Agreement for prominent physicians’ group in criminal antitrust investigation of market allocation for oncology services in Southwest Florida.
  • Obtained Deferred Prosecution Agreement for former Chicago Alderman that resulted in no penalty, following substantial undercover cooperation in sprawling public corruption investigations.
  • Won multiple motions to dismiss state and federal False Claims Act cases, for healthcare entities and individuals, as well as other government contractors.
  • Obtained favorable settlement for educational consultant in an SEC insider trading case.
  • Won motion to dismiss Managed Care Plan from federal False Claims Act lawsuit and litigated other Part C False Claims Act cases.
  • Represent durable medical equipment company in False Claims Act cases and internal investigations relating to commissioned sales force.
  • Convinced criminal prosecutors to forego criminal prosecution and False Claims Act lawsuit of skilled nursing facility chain owners.
  • Led internal investigation team hired by private university sports team where players alleged coach harassment, bullying and misconduct.
  • Represent university in research misconduct investigations relating to grant fraud and False Claims Act issues.
  • Obtained Deferred Prosecution Agreement for a honey importer and processor in a federal criminal investigation regarding anti-dumping and transshipping to avoid customs duties.

Awards and Recognition

  • Forbes “America’s Top 200 Lawyers” (2024)
  • Selected by Who’s Who Legal in the area of Investigations (2024)
  • Stand-out Lawyer – Thomson Reuters® (2023)
  • The Best Lawyers in America© – Criminal Defense: White Collar (2018 – 2023)
  • Chambers USA: America’s Leading Lawyers for Business 
    • False Claims Act (2022-2024)
    • Litigation: White Collar Crime and Government Investigations (2018 – 2024)
  • Healthcare Award for Best Healthcare Attorney, Illinois – Women in Business Worldwide (2017)
  • The Legal 500 – Health Care and Dispute Resolution (2017)
  • Illinois Super Lawyers® (2007, 2014 – 2016)
  • Top 50: Women – Illinois Super Lawyers® (2015)

Affiliations

  • Illinois-Upstate State Committee of the American College of Trial Lawyers – Member
  • National Association of College and University Attorneys – Member
  • Leadership Greater Chicago Fellow (2008)
  • Constitutional Rights Foundation of Chicago – Former board member

Presentations and Publications

  • Co-author, “Loper Bright False Claims Act Developments,” Health Care Law Today (October 15, 2024)
  • Co-author, “Health Care Enforcement: ‘Tea Leaves’ in the 2024 National Health Care Fraud Summer Takedown,” Health Care Law Today (August 28, 2024)
  • Co-author, “Chevron’s Demise Creates New False Claims Act Defenses,” Foley Insights (July 16, 2024)
  • Co-author, “Supreme Court Rules Bribery Law Doesn’t Criminalize Gratuities — How Does that Impact the Anti-Corruption Legal Landscape?,” Foley Insights (June 27, 2024)
  • Panelist, “Qui Tam Section: Balance of Payments: Carrots, Sticks, and the Effect of Continuing to Reimburse after Escobar,” Federal Bar Association (December 6, 2023)
  • Speaker, “Chicago officials are joining the effort to crack down on cases of COVID aid fraud,” NPR’s All Things Considered (August 31, 2023)
  • Speaker, “Prepping Your Client for Cross-Examination,” National Association of Criminal Defense Lawyers Annual Meeting (August 3, 2023)
  • Panelist, “How DOJ Calculates Damages in FCA Cases,” Federal Bar Association Qui Tam Section (webinar series) (May 11, 2021)
  • Speaker, “Criminal Antitrust Investigations During A Pandemic,” New York State Bar Association Webinar (October 22, 2020)
30 October 2024 Legal News: Whistleblower Developments

A Review of Recent Whistleblower Developments - Q3 2024

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business.
15 October 2024 Health Care Law Today

Loper Bright False Claims Act Developments

In our July 15, 2024 post, we analyzed the Supreme Court’s landmark case Loper Bright Enterprises v. Raimondo and the opportunities the decision might offer False Claims Act (FCA) defendants.
24 September 2024 Health Care Law Today

Research Misconduct: ORI Issues Final Rule with Modernized and Streamlined Regulations

On September 17, 2024, the Office of Research Integrity (ORI) issued a final rule adopting changes to federal regulations governing research misconduct involving federally funded research (Final Rule).
28 August 2024 Health Care Law Today

Health Care Enforcement: “Tea Leaves” in the 2024 National Health Care Fraud Summer Takedown

Each summer in recent years, the U.S. Department of Justice and associated fraud enforcement partners have indicted many health care defendants, in multiple cases across the country. This summer continued the tradition.
06 October 2024 Events

2024 ACC Annual Meeting

Foley partners Lisa Noller, chair of the firm’s national Litigation Department, Chris King, and Eric Sophir, co-chair of the firm’s Data Analytics/Intelligence Area of Focus, are speaking in the Association of Corporate Counsel’s 2024 Annual Meeting.
26 August 2024 Foley Viewpoints

Understanding the Risk vs. Reward of Department of Justice’s Corporate Criminal Whistleblower Awards Pilot

The Securities & Exchange Commission, the Department of Health & Human Services, and other agencies have long had established bounty programs that reward successful tipsters.