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    1. Home
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    1. Home
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    3. Brian K. FrenchPeople

    Brian K. French

    Partner


    • Boston
    • Office617.345.1258
    • bfrench@nixonpeabody.com
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    Introduction

    Brian French is a partner and member of the firm’s Government Investigations and White Collar Defense team. He represents clients in government investigations, enforcement actions, and litigation, mostly involving the life sciences and healthcare industries. Brian began his career at Gulfcoast Legal Services in Clearwater, Florida, representing low-income children and families in civil rights, education, and disability-related matters.

    Practice Areas

    Government Investigations & White Collar DefenseComplex DisputesHealthcare Regulatory & ComplianceArbitration, Mediation & Alternative Dispute ResolutionEmerging CompaniesLife SciencesLitigationFalse Claims Act & Qui Tam MattersState Attorneys GeneralLife Sciences & Healthcare Compliance and Investigations

    Industries

    Healthcare

    My focus

    Government Enforcement

    I represent a range of healthcare organizations, life sciences companies, executives, and employees in government investigations and related criminal proceedings and civil litigation brought by the U.S. Department of Justice, U.S. Attorney’s Offices, state attorneys general, and qui tam relators. In the healthcare field, I’ve represented hospitals, home health and hospice organizations, skilled nursing facilities, dialysis providers, anesthesia providers, pain clinics, clinical laboratories, durable medical equipment companies, and physician groups in federal grand jury investigations, False Claims Act investigations and litigation, enforcement actions by the U.S. Department of Health and Human Services, Office of Inspector General, audits by Medicare and Medicaid contractors, and voluntary self-disclosures to government regulators. I’ve also represented many pharmaceutical, biotechnology, and medical device companies, as well as individuals, in government enforcement matters and litigation involving alleged off-label promotion and Anti-Kickback Statute violations, relationships with charitable patient assistance programs, consumer protection matters, and pricing and reimbursement issues.

    Compliance Advising

    I provide proactive compliance advice to clients in the healthcare and life sciences industries. I partner with clients in assessing their key risk areas and help them develop compliance strategies and programs that reflect the specific needs and goals of their organizations. I work with clients to ensure that their proposed business arrangements comply with federal and state regulations and collaborate with them in developing alternative solutions when necessary. 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, proper financial arrangements and collaborations between and among industry and providers, and the Physician Payment Sunshine Act (Open Payments) and related transparency issues. Finally, I help conduct regulatory due diligence reviews in merger and acquisition transactions.

    Insights

    • “Negotiating False Claims Act Settlements,” in Health Law Handbook, Thomson Reuters, 2021 (co-author)

    Representative experience

    Healthcare Investigations and Litigation

    • Representation of one of the nation’s largest hospice providers in an investigation by the U.S. Department of Justice and various U.S. Attorney’s Offices involving patient eligibility and related Medicare billing issues.
    • Defense of anesthesia services providers in two separate False Claims Act lawsuits brought by former employees alleging fraudulent billing practices.
    • Representation of employees of a rehabilitation therapy services company in a federal grand jury investigation over Medicare billing issues and obstruction of justice allegations.
    • Representation of a multi-state orthotics and prosthetics provider in a False Claims Act investigation by the U.S. Attorney’s Office and several state attorney general’s offices over Medicare and Medicaid billing issues.
    • 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 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 over alleged Medicaid billing violations.
    • Representation of a home health organization in a MassHealth audit of allegedly improper Medicaid billing activities.
    • Representation of a Florida physician practice in civil enforcement proceedings launched 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 claims for rehabilitation therapy services.
    • Representation of a major New York teaching hospital in an internal investigation of radiology ordering and 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 as part of a global settlement.
    • Representation of a major pharmaceutical manufacturer in an industry-wide investigation by the U.S. Attorney’s Office for the District of Massachusetts over donations to charitable patient assistance foundations.
    • Key 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 concerning the company’s arrangements with specialty pharmacies.
    • Representation of an orthopedic medical device manufacturer in a federal investigation over alleged healthcare fraud.
    • Representation of a charitable patient assistance foundation in an investigation by the U.S. Department of Justice over 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 submitting false prior authorization information.
    • 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 and its chief executive in a federal investigation of alleged government contract set aside fraud and obstruction of justice.
    • Representation of a quasi-governmental organization in a federal grand jury investigation of possible honest services fraud.

    Admitted to practice

    Massachusetts
    Florida
    U.S. Court of Appeals, First Circuit
    U.S. Court of Appeals, Eleventh Circuit
    U.S. District Court, District of Massachusetts
    U.S. District Court, Middle District of Florida

    Education

    Boston College Law School, J.D.
    University of Massachusetts, Amherst, B.A., cum laude, Phi Beta Kappa

    Professional activities

    Brian is a former co-chair of the Health Care Fraud Subcommittee of the American Bar Association’s Criminal Litigation Committee. He was also a founding member, and served as regional vice-chair, of the Public Schools Committee of the ABA’s Section on Individual Rights and Responsibilities. He was also a contributing author to the Criminal and Enforcement Litigation section of the ABA’s 2006, 2007, and 2008 editions of the Annual Review of Developments in Business and Corporate Litigation. Brian is a former member of the Summer Jobs Program Steering Committee and the Public Policy Subcommittee of the Criminal Law Section of the Boston Bar Association.

    In the community, Brian served on the Advisory Board for the Boys and Girls Clubs of Boston’s YouthConnect program, an advocacy and intervention program for at-risk youth. He is a former member of the Board of Directors and treasurer of Brookline Youth Hockey, and a past member of the Dana-Farber Leadership Council, where he served for four years as co-chair of the DFLC Walk Committee. Brian served on the Board of Directors of both the Silvio O. Conte Education Foundation and Families for Depression Awareness.

    Recognition

    • Brian was selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2023 in the field of Criminal Defense: White-Collar; Health Care Law; and Qui Tam Law. He has been listed in Best Lawyers since 2021.
    • Brian has earned an AV Preeminent Rating® from Martindale-Hubbell®, the highest rating available for legal ability and professional ethics, in the areas of Litigation, White Collar Crime, and Health Care. He has been recognized in the Legal 500 United States Editorial (2013) for life sciences. In 2005 and 2007, Brian was recognized by Boston Magazine for inclusion in the annual “Massachusetts Super Lawyers – Rising Stars”® list, a designation granted to just 2.5 percent of attorneys in the state.

    In the News

    • Law360

      Holmes faces uphill battle fighting 11-year prison term

      This article, which follows up on ex-Theranos CEO Elizabeth Holmes’ sentencing, quotes from a related client alert written by Boston Government Investigations and White-Collar Defense partners Brian French and Hannah Bornstein, deputy leader of the practice group.

      Nov 21, 2022
    • Pratt’s Government Contracting Law Report

      First circuit adds to circuit split over governments dismissal of False Claims Act litigation

      Government Investigations & White-Collar Defense partners Hannah Bornstein and Brian French, of the Boston office, and Adam Tarosky, of the Washington, DC office, co-authored this article covering a circuit court ruling that offers a new standard of review for the government’s dismissal of False Claims Act whistleblower claims.
      June 10, 2022
    • Modern Healthcare

      Investigators target fraud that exploits rural hospitals

      Boston Government Investigations & White Collar Defense partner Brian French is quoted in this article for his outlook on why rural hospitals are easy targets for billing fraud, and which communities are at most risk to be targeted.
      July 1, 2020
    • Law360

      GSK gets 2nd chance to argue preemption in Zofran MDL

      The following articles mention Boston Government Investigations and White Collar Defense partners Mark Seltzer and Brian French for their representation of GlaxoSmithKline in an ongoing matter related to the pharmaceutical company’s anti-nausea drug Zofran. One of the issues is whether federal law pre-empts state law in the case.
      July 10, 2019
    • Reuters Legal

      Judge to seek FDA’s views on Zofran birth defect cases against GSK

      The following articles mention Boston Government Investigations and White Collar Defense partners Mark Seltzer and Brian French for their representation of GlaxoSmithKline in an ongoing matter related to the pharmaceutical company’s anti-nausea drug Zofran. One of the issues is whether federal law pre-empts state law in the case.
      July 10, 2019
    • Law360

      FDA never saw birth-defect tests on GSK drug, families say

      Boston Government Investigations & White Collar Defense partners Mark Seltzer and Brian French are mentioned in this article for their ongoing representation of GlaxoSmithKline in a suit regarding their drug Zofran.
      Sep 13, 2018
    • Law360

      GSK Zofran users bicker over scope of patient discovery

      Boston government investigations and white collar defense partners Mark Seltzer and Brian French are mentioned in this story for their representation of pharmaceutical company GlaxoSmithKline in a lawsuit brought by users of its anti-nausea medication Zofran.
      April 25, 2018
    • Reuters

      U.S. To Seek Dismissal of 'Meritless' Whistleblower Cases: Memo

      Boston government investigations and white-collar defense partner Brian French is quoted in this article for his outlook on how the Department of Justice will act upon a memo encouraging its attorneys to seek dismissal of “meritless” whistleblower suits filed under the False Claims Act.
      Jan 25, 2018
    • Westlaw Journal Government Contract

      Groundbreaking False Claims Act Decision: Unanimous Supreme Court Upholds ‘Implied False Certification' Theory Under Certain Circumstances

      This column discussing an important United States Supreme Court decision regarding False Claims Act liability was co-authored by Boston partners Brian French and Fred Kelly, Boston associates Hannah Bornstein and Sydney Pritchett, and Washington, DC, associate Emily Harlan.
      July 18, 2016
    • Law360

      Life Sciences Cases to Watch in the 2nd Half of 2016

      Boston Government Investigations & White Collar Defense partner Brian French, a member of the Life Sciences team, is quoted in this story looking at important cases the industry is monitoring for the remainder of the calendar year. Brian is quoted discussing False Claims Act matters.
      July 13, 2016
    • American Health Lawyers Association

      Sisters of Charity of Leavenworth Health System and St. James Healthcare Agree to Pay $3.85 Million to Resolve Fraud and Abuse Allegations

      Boston Government Investigations & White Collar Defense partner Brian French discusses the implications of the agreement between the U.S. Department of Justice (DOJ) and St. James Healthcare and its parent company, Sisters of Charity of Leavenworth Health System, to pay nearly $4 million to resolve alleged violations of the Anti-Kickback Statute, the Stark Law, and the False Claims Act.
      Jan 6, 2014
    • Law360

      Health Care Cases to Watch in 2014

      Boston Government Investigations & White Collar Defense partner Brian French discusses the high-profile False Claims Act suit, Nathan v. Takeda, that could provide clarity on the muddled question of how precisely a whistleblower must describe fraud.
      Jan 1, 2014
    • Law360

      2013's Game-Changing Health Rulings

      Boston Government Investigations & White Collar Defense partner and a member of the firm’s Life Sciences practice Brian French discusses high-stakes cases for the health industry including those involving False Claims Act litigation and reimbursement disputes.

      Dec 17, 2013
    • Law360

      4 Little-Noticed FCA Rulings Attys Need To Know

      Boston Government Investigations & White Collar Defense partner and member of the Life Sciences practice Brian French discusses recent False Claims Act lawsuits likely to reshape a litigation landscape particularly in health care and life sciences.

      Dec 2, 2013

    Insights And Happenings

    View All
    • Alert

      The rise and fall of Elizabeth Holmes and Theranos: Lessons learned

      Nov 18, 2022
    • Alert

      First Circuit adds to circuit split over government’s dismissal of False Claims Act litigation

      Jan 31, 2022
    • Alert

      Historic national takedown of 345 defendants shows telemedicine is ripe for government enforcement

      Oct 7, 2020
    View All

    Professionals in the Practice Area

    View All
    • Robert Fisher

      Partner / Practice Group Leader, Government Investigations & White Collar Defense
      • Boston
      • Office:617.345.1335
      • rfisher@nixonpeabody.com
      Robert Fisher
    • Hannah Bornstein

      Partner / Deputy Practice Group Leader, Government Investigations & White Collar Defense
      • Boston
      • Office:617.345.1217
      • hbornstein@nixonpeabody.com
      Hannah Bornstein
    • Brian T. Kelly

      Partner
      • Boston
      • Office:617.345.1065
      • bkelly@nixonpeabody.com
      Brian T. Kelly
    • John Sandweg

      Partner
      • Washington DC
      • Office:202.585.8189
      • jsandweg@nixonpeabody.com
      John Sandweg
    • David A. Vicinanzo

      Partner
      • Boston
      • Office:617.345.1177
      • dvicinanzo@nixonpeabody.com
      David A. Vicinanzo
    View All

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