Recent representations include:

Antitrust

• CVS Health in its most important matter in recent years—the Antitrust Procedures and Penalties Act (“Tunney Act”) hearings in the U.S. District Court for the District of Columbia concerning the $69 billion merger between CVS and Aetna.
• CVS Health in actions alleging antitrust violations with respect to the 340B Drug Pricing Program.
• A healthcare company and its affiliates in a trio of antitrust lawsuits in federal court in Miami, Tampa, and San Antonio alleging that the entities illegally tied the healthcare company’s pharmacy services to its 340B administrator services.

Appellate

• Health care companies in multiple matters before the U.S. Supreme Court and U.S. Courts of Appeals, securing multiple victories including a recent First Circuit win affirming dismissal of a putative class action suit against a major pharmacy chain.
• CVS Health subsidiary Caremark LLC before the U.S. Court of Appeals for the Ninth Circuit in a case concerning whether claims brought by pharmacies run by federally recognized tribes were subject to arbitration. 
• Express Scripts and Medco Health Solutions in an appeal to the Third Circuit in a case alleging violations of the False Claims Act in connection with the alleged inflation of average wholesale prices for brand-name drugs.

Arbitration

• A retail pharmacy chain in arbitral proceedings concerning the interpretation of a contract governing over one billion dollars of business annually.
• CVS Health in a commercial arbitration initiated by one of the nation’s largest insurers alleging claims for breach of contract. 

Class Actions and Consumer Defense

• CVS Health in connection with a putative nationwide class action concerning insurance copay “clawbacks.” 
• Celgene in a putative indirect purchaser class action in the District of New Jersey involving allegations that Celgene delayed Mylan's development of generic versions of Thalomid and Revlimid by refusing to sell Mylan (and other generics) samples of these products. 

Commercial Litigation

• A national anesthesia services provider against a series of actions brought by outgoing contract holders attempting to enforce restrictive covenants to enjoin our client’s hiring of physicians. 
• A start-up orthopedic device company in bet-the-company litigation concerning allegations of misappropriation of trade secrets, computer fraud, and unfair competition. 
• A healthcare provider in a contract dispute with a hospital system.

Criminal Defense and White Collar

• A leading medical device company in a Department of Justice (“DOJ”) investigation concerning alleged kickbacks in connection with equipment placement agreements and product bundles. 
• A healthcare provider in a multi-district investigation by the DOJ into alleged violations of the Controlled Substances Act. 

False Claims Act and Qui Tam

• A healthcare provider in False Claims Act litigation brought by the United States Attorney’s Office for the Southern District of New York regarding the company’s practices with respect to refilling prescriptions for individuals residing in long-term care facilities. 
• CVS Health in qui tam litigation relating to its provision of Medicare Part D services for Part D Plan Sponsor clients.
• A pharmacy company in qui tam litigation case involving a pharmaceutical manufacturer’s alleged failure to package drugs in child-safe packaging.

Healthcare Fraud

• A non-profit hospital in connection with an investigation by the Office of the Inspector General of the U.S. Department for Health and Human Services in connection with a health care fraud investigation, and related qui tam litigation.
• A Medicare Advantage Plan in an investigation by the DOJ and a United States Attorney’s Office regarding the company’s submission of risk adjustment claims to CMS under Parts C and D of the Medicare program. 
• A health care company in a criminal investigation concerning alleged kickbacks from a pharmaceutical company.  

Securities Litigation

• A hospital and ambulatory services provider in securities and shareholder derivative litigation arising out of the company’s resolution of a False Claims Act investigation.
• CVS Health in a putative investor class action arising from a write-down, securing dismissal before the trial court and affirmance by the U.S. Court of Appeals for the First Circuit.

State Attorneys General Investigations

• Cardinal Health in a multistate investigation by 39 state attorneys general in connection with the distribution of opioid medications.
• CVS Health in a three-week jury trial where it won a directed verdict for the lion’s share of a case brought by a state attorney general alleging Medicaid fraud.