Laura McLane
Subscribe to Laura McLane's PostsLaura McLane serves as head of McDermott's Boston Litigation Practice Group. Laura represents national and international clients in health care, securities and other government enforcement matters, both civil and criminal. She also represents clients in professional and products liability cases and in complex commercial disputes. A significant part of Laura's practice is devoted to representing health care and other companies, as well as individuals, in government investigations and qui tam litigation based on the False Claims Act (FCA) and related statutes, including the Anti-Kickback Statute and the Stark Law. Read Laura McLane's full bio.
Third Circuit Perpetuates Tuomey’s Controversial Stark Law “Volume or Value” Standard
By Daniel H. Melvin, Joan Polacheck, Laura McLane and Tony Maida on Oct 2, 2019
Posted In Anti-Kickback Statute / Stark Law
In U.S. ex rel. J. William Bookwalter, III, M.D. et al. v. UPMC et al., the US Court of Appeals for the Third Circuit endorsed two controversial interpretations of the Stark Law’s “volume or value” standard, known as the correlation theory and the practice “loss” theory. Specifically, the court held that the relators had made out...
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Healthcare Enforcement Quarterly Roundup – Q2 2019
By Amandeep S. Sidhu, David Quinn Gacioch, Drew Elizabeth McCormick, Edward G. Zacharias, Irene A. Firippis, Jennifer Aronoff, Jennifer B. Routh, Katrina Rogachevsky, Lauren Evans, Laura McLane, Marshall E. Jackson, Jr., Paul M. Thompson, Sophia A. Luby, Theodore Alexander and Tony Maida on Aug 27, 2019
Posted In Additional Compliance Resources, Compliance Developments, Other Notable Enforcement Actions, Pharmaceuticals
In this second installment of the Healthcare Enforcement Quarterly Roundup for 2019, we cover several topics that have persisted over the past few years and identify new issues that will shape the scope of enforcement efforts for the remainder of this year and beyond. In this Quarterly Roundup, we discuss DOJ’s guidance on compliance programs and cooperation credit,...
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Health Care Enforcement Quarterly Roundup – Q1 2019
By McDermott Will & Emery, Amandeep S. Sidhu, Drew Elizabeth McCormick, Irene A. Firippis, James A. Cannatti III, Jennifer B. Routh, Laura McLane, Matthew M. Girgenti, Paul M. Thompson, Sean Hennessy, Sophia A. Luby, Theodore Alexander, Tony Maida and T. Reed Stephens on Apr 26, 2019
Posted In Additional Compliance Resources, Other Notable Enforcement Actions, Pharmaceuticals
In this first installment of the Health Care Enforcement Quarterly Roundup for 2019, we continue to monitor trends we identified in 2018 and introduce new enforcement efforts that are expected to persist in the coming year. In this Roundup, we focus on increased enforcement activity against electronic health record (EHR) companies, enforcement against individuals (with an acute focus...
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Health Care Enforcement Quarterly Roundup | Q4 2018
By McDermott Will & Emery, Amandeep S. Sidhu, Irene A. Firippis, Jennifer B. Routh, Laura McLane, Matthew M. Girgenti, Natalie Colvin, Paul M. Thompson, Sophia A. Luby, Theodore Alexander, Tony Maida and T. Reed Stephens on Jan 30, 2019
Posted In Compliance Developments, Other Notable Enforcement Actions, Yates Memorandum
This latest installment of the Health Care Enforcement Quarterly Roundup reflects on trends that persisted in 2018 and those emerging trends that will carry us into 2019 and beyond. Leading off with the US Department of Justice’s (DOJ) December announcement of its fiscal year 2018 False Claims Act (FCA) recoveries, it remains clear that the...
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Process Improvements Not a Basis to Establish Scienter: District Court Grants Summary Judgment to Defendants
By Laura McLane on Jan 22, 2019
Posted In Corporate Integrity Agreements, Knowledge/Scienter
In a January 10, 2019 decision, the US District Court for the District of Arizona granted summary judgment to Defendants because Relators failed to raise a genuine issue of material fact on the issue of “knowledge” under the False Claims Act (FCA) which, as everyone knows by now, includes deliberate ignorance or reckless disregard. The...
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Health Care Enforcement Quarterly Roundup | Q3 | September 2018
By T. Reed Stephens, McDermott Will & Emery, Amy H. Kearbey, Amandeep S. Sidhu, Irene A. Firippis, Jennifer B. Routh, Laura McLane, Matthew M. Girgenti, Natalie Colvin, Paul M. Thompson, Sophia A. Luby, Theodore Alexander and Tony Maida on Oct 8, 2018
Posted In Compliance Developments, Other Notable Enforcement Actions
In the latest installment of Health Care Enforcement Quarterly Roundup, we examine key enforcement trends in the health care industry that we have observed over the past few months. In this issue, we report on: Practical applications of recent guidance from the US Department of Justice (DOJ) A recent blow to DOJ’s effort to use...
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Sky-Diving Without a Parachute? Ninth Circuit Reluctantly Holds Escobar’s Two-Part Test Mandatory, For Now
By Laura McLane and Samuel C. Ashworth on Sep 6, 2018
Posted In Materiality
In the aftermath of the Supreme Court’s 2016 Escobar decision, the majority of litigation regarding that decision’s impact has concerned the issue of materiality. While the materiality predicate to False Claims Act (FCA) liability announced in Escobar has certainly assumed top billing, another aspect of the Supreme Court’s decision is increasingly getting attention: that is,...
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Health Care Enforcement Quarterly Roundup | Q2 | July 2018
By Paul M. Thompson, Sandra M. DiVarco, Stephen W. Bernstein, Sophia A. Luby, Tony Maida, T. Reed Stephens, McDermott Will & Emery, Amandeep S. Sidhu, David S. Rosenbloom, Emily J. Cook, Laura McLane, Matthew M. Girgenti, Monica Wallace and Natalie Colvin on Jul 18, 2018
Posted In Compliance Developments, Other Notable Enforcement Actions
How will key trends and developments in health care policy and enforcement impact future litigants? In the latest Health Care Enforcement Quarterly Roundup, we address this question in the context of: Continued interpretations of the landmark Escobar case The latest guidance from US Department of Justice (DOJ) leadership regarding enforcement priorities The uptick in state...
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Register today! Health Care Enforcement Q2 Roundup Webinar
By Amandeep S. Sidhu, Laura McLane, Paul M. Thompson and Tony Maida on Jul 2, 2018
Posted In Compliance Developments, Government investigation, Other Notable Enforcement Actions, Public Disclosure Bar
Health Care Enforcement Q2 Roundup Webinar Date: Tuesday, July 17, 2018 Time: 11:00 am PDT | 12:00 pm MDT | 1:00 pm CDT | 2:00 pm EDT REGISTER NOW How will recent developments and emerging trends related to health care fraud and abuse impact future investigation targets and litigants? Our upcoming Health Care Enforcement Quarterly...
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Another Court Grants Summary Judgment to FCA Defendant Based on Escobar’s Materiality Standard
By Laura McLane on Apr 11, 2018
Posted In Materiality
On April 6, 2018, the U.S. District Court for the Eastern District of Pennsylvania granted a motion for summary judgment filed by a waste company in an implied certification case under the False Claims Act (FCA), holding that the relator failed to satisfy the Supreme Court’s materiality standard announced in the landmark Escobar case. The...
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