Our Government Enforcement and Internal Investigations Section has broad experience in conducting internal investigations and defending federal and state actions for all sizes of corporations and governmental entities across the United States. Led by a former federal prosecutor with almost 20 years of government enforcement experience, the team has defended government actions brought against a variety of companies and individuals pursuant to the federal False Claims Act and the Controlled Substances Act, as well as their state-law equivalents. The team also investigates and advises companies and public entities on a wide range of sensitive matters, including government procurement fraud, health care fraud, theft, embezzlement, data breaches, discrimination, environmental non-compliance, sexual misconduct and various other potential enforcement matters. In particular, we advise our clients on compliance and control programs that mitigate risk and reduce regulatory exposure.

When an external investigation or action is initiated by any governmental entity, our team works with clients to pre-emptively diffuse litigation, negotiate a resolution or settlement of the matter or, when necessary, aggressively litigate. We have represented both businesses and individuals in responding to investigative subpoenas; preparing clients for interviews or sworn testimony by government enforcement officials; and defending clients during the investigation or litigation of those enforcement matters. We also are experienced in collateral issues, such as confidentiality, privilege, media communications and data protection.

Representative Matters:

• Successfully defended multiple physicians (from solo practitioners to physicians employed by large health care systems) in various federal government actions—including qui tam actions—related to alleged violations of the False Claims Act and Anti-Kickback Statue, as well as the alleged billing of “medically unnecessary” services.
• Defended company throughout a U.S. Department of Justice investigation of alleged violations of government contracts related to the Small Business Administration’s set-aside program.
• Conducted internal investigation of drug diversion for health care provider and assisted provider in making necessary federal and state reports.
• Defended government investigation of whistleblower allegations against a health care system under the False Claims Act and successfully obtained the dismissal of the allegations by both the whistleblower and the U.S. Department of Justice.
• Lead counsel for the City of Milwaukee, the Chief of Police and the Milwaukee Fire & Police Commission in class action alleging the unconstitutional racial profiling of motorists and pedestrians by Milwaukee law enforcement.
• Conducted internal investigations for local government organizations related to officials who engaged in a wide variety of misconduct, from theft to sexual harassment, as well as defended such organizations in lawsuits related to such misconduct.