ARTICLE
14 May 2019

Health Care Fraud Investigations And Litigation Offer Unexpected Lessons For Bankruptcy Counsel

M
Mintz

Contributor

Mintz is a litigation powerhouse and business accelerator serving leaders in life sciences, private equity, sustainable energy, and technology. The world’s most innovative companies trust Mintz to provide expert advice, protect and monetize their IP, negotiate deals, source financing, and solve complex legal challenges. The firm has over 600 attorneys across offices in Boston, Los Angeles, Miami, New York, Washington, DC, San Francisco, San Diego, and Toronto.
As many of our readers know, we have been closely following the Polukoff False Claims Act (FCA) qui tam case in the Tenth Circuit for the lessons it might offer in defending FCA cases premised on
United States Food, Drugs, Healthcare, Life Sciences

As many of our readers know, we have been closely following the Polukoff False Claims Act (FCA) qui tam case in the Tenth Circuit for the lessons it might offer in defending FCA cases premised on alleged lack of medical necessity (among other topics).  You can access some of our previous posts on this case by clicking here, here, here, and here.

Recently, my colleagues, Brian Dunphy and Adrienne Walker, and I had the opportunity to consider this case from a different angle: the lessons it might offer to bankruptcy counsel advising clients who are or have been the subject of a health care fraud investigation and/or FCA qui tam case.  Our Mintz team (through our Health Care Enforcement & Investigations practice and our Bankruptcy & Restructuring practice) regularly advises clients on these issues.  We published an article on this topic in the most recent edition of the Association of Insolvency & Restructuring Advisors' AIRA Journal.  You can access our article here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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