Brad Robertson

Listed in Chambers USA, Litigation: White-Collar Crime & Government Investigations, 2024 Listed in The Best Lawyers in America® Health Care Law, 2021-2024 Government Relations Practice, 2022-2024 Litigation - Banking and Finance, 2023 Qui Tam Law, 2023 Listed in Mid-South Super Lawyers, "Rising Stars" Criminal Defense: White Collar, 2020-2022 Alabama Leadership Initiative, 2016 United States ex rel. Kasowitz, Benson & Torres v. BASF Corporation, et al., 16-CV-02269 (D.D.C.) Lead counsel for defendant Covestro LLC (formerly Bayer MaterialScience) in defense of “reverse” False Claims Act case alleging four companies failed to report substantial risk information to the U.S. Environmental Protection Agency. On October 23, 2017, the district court granted defendants’ motion to dismiss all claims. Find additional case details here. Represented hospital system in False Claims Act investigation regarding kickbacks Represented hospital system in False Claims Act investigation into kickbacks in contractual relationships with certain providers. The Justice Department ultimately did not intervene into the underlying False Claims Act litigation against our clients. United States ex rel. Amico v. Reliant Rehabilitation Holdings, 18-cv-12426 (D.Mass.) Represented defendant in False Claims Act investigation into the medical necessity of therapy care at skilled nursing facilities. The Justice Department ultimately declined to intervene, and the whistleblowers voluntarily dismissed their claims. United States ex rel. Boyce, 16-8050 (C.D. Cal.) Represented nationwide provider of therapy services at skilled nursing facilities in a False Claims Act investigation into the medical necessity of services. The Justice Department ultimately declined to intervene as to our clients and the claims were dismissed. United States ex rel. Williams v. Health Management Associates, Inc., 09-cv-130 (M.D. Ga.) Represented a health system and an individual hospital in an unsealed qui tam action under the False Claims Act in which the government intervened, alleging a kickback scheme for referrals of obstetric services. The result was a favorable civil settlement and no criminal charges brought against our clients. Consumer Financial Protection Bureau v. Ocwen Financial Corporation, 13-cv-2025 (D.D.C.) Represented mortgage servicing company in one of the largest national joint state/federal government settlements in history, resulting in a consent judgment for $127.3 million settlement payment and $2 billion in consumer relief. United States v. SunTrust Mortgage, Inc., 14-cv-1028 (D.D.C.) Represented national bank in a large-scale settlement of liability related to mortgage servicing and origination of loans leading up to and during the financial crisis, including releases of False Claims Act and FIRREA liability. Negotiated a consent judgment for $468 million settlement payment and $500 million in consumer relief. United States v. HSBC North America Holdings Inc., 16-0199 (D.D.C.) Represented national bank and mortgage servicing company in large-scale settlement of liability related to servicing and origination of loans leading up to and during the financial crisis, including releases of False Claims Act and FIRREA liability. Negotiated a consent judgment for $100 million settlement payment and $370 million in consumer relief. Representing government contractor in False Claims Act litigation Representing a manufacturer of military equipment in an unsealed qui tam litigation under the False Claims Act alleging fraudulent inducement of contracts based on allegedly incomplete price disclosures and alleged intent not to comply with FAR provisions. Representing facilities in Department of Justice investigation Representing a chain of skilled nursing facilities in investigation into the medical necessity of services. Representing hospital in False Claims Act litigation Representing hospital in an unsealed qui tam litigation under the False Claims Act alleging EMTALA violations as a basis for liability. Following a government motion to dismiss, all substantive False Claims Act claims have been dismissed, leaving only a retaliation claim. Represented pharmacy in False Claims Act litigation Represented a compounding pharmacy in an unsealed qui tam litigation under the False Claims Act alleging invalid prescriptions and substitutions. The result was a favorable settlement for our client. Represented hospital and hospital system in False Claims Act investigation Represented hospital and hospital system in conducting internal investigation and responding to Justice Department inquiry regarding relationship with independent diagnostic laboratories. Represented hospital in Department of Justice criminal investigation Represented hospital in conducting an internal investigation and responding to criminal investigation regarding an interventional cardiologist's use of stents in patients. Conducted internal investigation for bank related to process failures Conducted a confidential, internal investigation for a large national bank regarding the loan modification practices of a rogue employee, determining the root cause of the non-compliance and coordinating remediation efforts. Represented mortgage services and banking client in insurance investigation Represented mortgage servicing and banking client and affiliated companies in an investigation and eventual settlement of claims that client accepted financial incentives from its lender-placed insurance vendor, creating improper conflicts of interest in violation of Massachusetts law. Negotiated favorable settlement terms with the Massachusetts attorney general, resulting in the entry of an assurance of discontinuance. Represented mortgage services client in investigation of mortgage modification violations Represented mortgage servicing and banking client and its affiliated companies in an investigation and eventual settlement of claims that client's mortgage modification practices violated a Massachusetts foreclosure law. Responded to investigatory subpoenas from the Massachusetts attorney general and negotiated favorable settlement terms, resulting in the entry of an assurance of discontinuance. Represented government contractor in unsealed qui tam whistleblower litigation Litigated against False Claims Act relator in a case in which the government declined to intervene alleging improper billing practices of defense subcontractor. The result was a favorable settlement for our client. Represented hospital in Justice Department inquiry into licensing regulations Represented hospital in connection with a Justice Department inquiry under the False Claims Act into licensing of sleep lab technician compliance with state licensing regulations. Represented hospital and hospital system in internal investigation Represented hospital and hospital system in internal investigation in response to anonymous complaint letter regarding alleged test manipulation and Stark Law concerns with hospital employees’ outside work for local provider of durable medical equipment. Represented hospital in data breach incident Represented hospital and coordinated contact with law enforcement following the criminal theft of a hospital’s patient data and fraudulent submission by the perpetrator of tax returns. Represented hospital in data breach incident Represented hospital, conducted internal investigation to determine root cause, and coordinated contact with law enforcement following the criminal theft of patient data and related identity theft issues. Conducted internal investigation of hospital coding company Conducted internal investigation and liability exposure analysis for coding compliance issue at contract hospital coding company.