As one of the main weapons of the U.S. Department of Justice and whistleblower plaintiffs’ attorneys, the False Claims Act (FCA) has resulted in ever-growing judgments and settlements in recent years. Businesses across industries – healthcare, finance, government contracting, and many others – face increased challenges. Bradley’s government enforcement lawyers have the significant criminal and civil law experience, both in and outside of the government, needed to help clients navigate this environment.
We work with clients at all stages of FCA enforcement. We conduct proactive risk assessments and create compliance programs designed to mitigate those risks. When potential issues do arise, our lawyers handle sensitive internal investigations and respond to government subpoenas or other inquiries. When government action cannot be avoided, our team of experienced trial attorneys knows when to negotiate and when to fight – up to and including going to trial.
Bradley lawyers handle FCA cases across the country, many of national significance. When not in the courtroom, they also are regular speakers, authors, and thought leaders on emerging FCA issues. Our team also publishes Bradley’s FCA Year in Review, one of the leading industry publications in analyzing and reviewing key FCA cases and trends of the past year.
Bradley’s team of former prosecutors, regulatory lawyers, and healthcare industry professionals helps healthcare clients when they face compliance issues, subpoenas and other government inquiries, audits, and False Claims Act (FCA), whistleblower, or criminal litigation. We work with clients across the industry, including hospital systems, surgery centers, home-health providers, hospice agencies, skilled-nursing facilities, pharmacies, physician practices, and pharmaceutical and device manufacturers, to navigate enforcement issues without disrupting normal business operations.
Potential issues can arise in many ways: lawsuits; internal compliance complaints; state or federal subpoenas; audits by a Medicare Administrative Contractor, Zone Program Integrity Contractor, or other government-contracted auditor; or contact with a law-enforcement agency. Regardless of how such issues begin, we work with our clients to identify potential liability and respond quickly. Where potential liability exists, we help clients promptly determine whether self-disclosure or re-payment is required and design remedial compliance measures to mitigate future risk.
Our lawyers routinely handle matters involving:
Bradley’s Government Enforcement and Investigations attorneys understand the unique legal issues related to the explosive growth of telemedicine, including the state and federal rules governing telehealth, and the Department of Justice’s enforcement activities in the telemedicine space. The prevalence of telemedicine services has risen even more dramatically during the COVID-19 pandemic. The rapid growth and widespread utilization of telemedicine, combined with increased government scrutiny in the healthcare space during the pandemic, has resulted in federal prosecutors and regulators putting telemedicine providers in their cross-hairs.
We work with telehealth and telemedicine providers, as well as those who work with them, at all stages of government investigations and inquiries. We conduct proactive risk audits and create compliance programs designed to mitigate those risks as new technologies are adapted. We advise clients on issues related to patient documentation requirements, HIPAA issues, Electronic Health Record (EHR) vendor compliance, and state-specific laws.
Businesses are formalizing ESG strategies that align with their corporate values now more than ever. Many companies are updating policies and Codes of Conduct to reflect their commitment to corporate philanthropy, sustainability, and social impact. Bradley can help domestic and global clients ensure that their ethical standards are upheld, that they remain in compliance with applicable laws, and that they conform with investors’ ESG expectations. Using a cross-disciplinary team of lawyers, we work closely with company management to ensure ESG programs match their risk exposure and that potential issues are handled quickly and effectively.
No client expects to be the target of a criminal investigation, but with lines between regulatory, civil, and criminal enforcement increasingly blurred, businesses and executives can find themselves faced with grand-jury subpoenas, law enforcement interviews, search warrants, and even criminal charges. When they do, clients rely on the battle-tested white-collar defense lawyers at Bradley.
We are uniquely qualified to defend federal and state criminal charges. Our legal team includes former assistant U.S. attorneys, supervisors and section leaders in the U.S. Department of Justice, state trial and appellate prosecutors, and a presidentially appointed United States attorney. We also boast decades of courtroom experience in trying complex criminal cases. We represent clients facing all types of criminal investigations and charges, including:
With the growth of the global economy, companies large and small increasingly do business abroad. Our lawyers help clients ensure they are compliant with the FCPA, the UK Bribery Act, and other countries’ anti-corruption laws.
In recent years, the Department of Justice (DOJ) and related government authorities have increased their focus on FCPA compliance and enforcement. FCPA investigations present unique challenges because of their international scope and the rigorous expectations of prosecuting agencies. Bradley’s team of former federal prosecutors and anti-corruption lawyers has long handled anti-corruption compliance, investigations, and litigation. That experience allows us to guide clients in all aspects of FCPA enforcement – whether developing sound compliance policies, investigating a suspected violation, navigating self-disclosures, or defending government charges.
Using a cross-disciplinary team of lawyers, we work closely with company management to ensure their FCPA policies match their risk exposure and that potential FCPA issues are handled quickly and effectively.
Bradley lawyers:
Companies and individuals doing business abroad face a web of export-control laws and regulations, including Export Administration Regulations (EAR), restricted destinations, Entity List organizations, sanctions regulations, anti-boycotting laws, and the Arms Export Control Act (AECA), International Emergency Economic Powers Act (IEEPA), and International Traffic in Arms Regulations (ITAR).
Bradley lawyers assist public and private companies, private equity and hedge funds, financial institutions, insurers, and others navigate this complex enforcement landscape. With broad experience in working with the U.S. Department of Justice and U.S. attorneys’ offices, as well as with agents, investigators, and officials from the U.S. Departments of State, Treasury, Defense, Commerce and Homeland Security, our lawyers help clients meet regulatory and licensing requirements, steer clear of prohibited activity, and mount an effective defense against any claims of misconduct.
Bradley represents clients subject to state and federal securities law, including large public companies, brokerage firms, investment advisors and investment advisor representatives, senior executives, and boards of directors. We have handled matters before an array of regulators and government authorities, including the SEC, U.S. Department of Justice, individual U.S. attorney’s offices, Financial Industry Regulatory Authority and other self-regulatory organizations, and state securities regulators across the nation.
We work closely with clients at all stages of securities enforcement and tailor our approach to meet the individual client’s needs. We conduct proactive risk assessments and counsel clients on strategies to avoid or mitigate their securities-enforcement risks. When such risks cannot be avoided, our lawyers have the government and trial experience to ensure clients have the best defense possible. We have handled cases involving securities fraud, insider trading, accounting fraud, mortgage-origination fraud, Ponzi schemes, embezzlement, and misappropriation of investor funds, and many others.
Bradley routinely helps government contractors navigate the unique issues that can arise when doing business with the government, and our team of lawyers has decades of experience in representing companies in the public procurement arena.
Our government enforcement lawyers help contractors with:
