Brian K. French

What do you focus on?

Government Enforcement

I represent a wide range of health care organizations, life sciences companies, executives, and employees in government investigations and related criminal and civil litigation initiated by the U.S. Department of Justice, U.S. Attorney’s Offices, state attorneys general, and qui tam relators. I’ve represented hospitals, skilled nursing facilities, dialysis providers, home health care and hospice companies, anesthesia providers, pain clinics, physician groups, and individuals in federal grand jury investigations, False Claims Act litigation, audits by Medicare and Medicaid contractors, and voluntary self-disclosures relating to alleged billing fraud, improper coding, Medicare and Medicaid overpayments, and Anti-Kickback Statute and Stark Law violations. I’ve also represented numerous pharmaceutical, biotechnology, and medical device companies, as well as individuals, in government enforcement matters and litigation involving alleged off-label promotion, Anti-Kickback Statute violations, consumer protection, and pricing and reimbursement issues.

Compliance Advising

An important part of my practice involves providing proactive compliance advice to clients in the health care and life sciences industries. I assist clients in assessing their key risk areas and help them to develop strategies and programs that reflect the particular needs and goals of their organizations. I advise health care providers in establishing and maintaining compliant business arrangements and billing practices. In the life sciences field, I advise clients on a wide range of issues, such as appropriate product and service promotion, co-payment assistance programs, appropriate financial arrangements and collaborations between and among industry and providers, and the Physician Payment Sunshine Act (Open Payments) and related transparency issues.

Representative Experience

Health Care Investigations and Litigation

• Representation of a national hospice provider in an investigation by the U.S. Department of Justice and various U.S. Attorney’s Offices involving Medicare billing issues.
• Defense of anesthesia services providers in separate False Claims Act lawsuits brought by former employees alleging fraudulent billing practices.
• Representation of numerous employees of a rehabilitation therapy services company in a federal grand jury investigation involving Medicare billing issues and obstruction of justice allegations.
• Representation of a California hospital in a federal Anti-Kickback Statute and False Claims Act investigation involving its arrangements with local ambulance companies.
• Representation of a large health insurance company in a mental health parity investigation by the Massachusetts Attorney General’s Office.
• Representation of multiple dialysis providers in a joint investigation by the U.S. Attorney’s Office for the Eastern District of New York and the New York Attorney General’s Office regarding alleged Medicaid billing violations.
• Representation of a home health organization in an audit by MassHealth involving allegations of improper Medicaid billing activities.
• Representation of a Florida physician practice in civil enforcement proceedings initiated by HHS-OIG involving the practice’s clinical laboratory arrangements.
• Representation of the owner of multiple skilled nursing facilities in a federal investigation involving Medicare billing issues.
• Representation of a major New York teaching hospital in an internal investigation involving radiology billing practices.

Life Sciences Investigations and Litigation

• Representation of GlaxoSmithKline in two separate government investigations involving alleged off-label promotion, Anti-Kickback Statute violations, and improper “Best Price” reporting under the Medicaid Drug Rebate Program. These matters, along with a third investigation, were resolved in 2012 as part of a global criminal and civil settlement.
• Representation of a major pharmaceutical manufacturer in an industry-wide investigation by the U.S. Attorney’s Office for the District of Massachusetts regarding donations to charitable patient assistance foundations. 
• Member of Nixon Peabody team serving as the law firm Independent Review Organization for a large biotechnology company operating under an OIG-imposed Corporate Integrity Agreement.
• Representation of a charitable patient assistance foundation in an investigation by the U.S. Department of Justice regarding the foundation’s dealings with a pharmaceutical manufacturer donor.
• Representation of a pharmaceutical sales executive targeted in a federal investigation involving allegations of off-label promotion and anti-kickback violations.
• Representation of various pharmaceutical manufacturers in average wholesale price (“AWP”) multidistrict litigation and AWP lawsuits brought by various state attorneys general.
• Representation of managed care account executives of a pharmaceutical manufacturer in a federal grand jury investigation involving allegations that company personnel deceived Medicare into covering the costs of certain medications through the submission of false prior authorization information.
• Representation of an international pharmaceutical manufacturer in connection with a federal investigation of off-label promotional activities.
• Representation of a former regional account manager of a large pharmaceutical company in connection with a federal investigation of alleged anti-kickback violations.

Other Investigations

• Representation of a construction company in a federal investigation of alleged government contract set aside fraud.
• Representation of quasi-governmental organization in federal grand jury investigation involving potential honest services fraud.