Lawrence M. Kraus

Partner

Overview

Lawrence Kraus is a partner and litigation attorney with Foley & Lardner LLP, where he focuses on complex health care, False Claims Act, civil, commercial, and real estate litigation. Lawrence is co-chair of the firm’s Health Care Litigation Practice. He is also a member of the firm’s Business Litigation & Dispute Resolution Practice, Government Enforcement Defense & Investigations Practice, and the Health Care and Technology Industry Teams.

Lawrence counsels corporations and individuals in a wide range of industries. He has represented clients in federal and state trial and appellate courts, arbitrations, and other modes of alternative dispute resolution.

Lawrence's health care litigation experience includes a wide variety of matters, including defense of Federal False Claims Act actions involving health care entities; managed care disputes; physician-tiering plans; peer review proceedings and medical staff issues; physician group practice disputes; and proceedings before medical licensing boards.

Prior to joining Foley, Lawrence was a member of the firm Epstein Becker & Green, P.C.

In addition, Lawrence's diverse litigation experience includes representation of:

  • Public and private entities in actions brought under the Federal False Claims Act, including a nationwide oxygen services provider; a quasi-public state agency; a major defense corporation; a prominent health insurer; a nationwide oxygen services provider, and a national ambulance services company
  • Publicly traded and privately held corporations in a variety of contract, business tort, derivative and securities litigation
  • Real estate developers, landlords, and tenants in complex real estate disputes
  • Individuals under investigation by the United States Department of Justice for alleged health care related criminal violations
  • Individuals involved in limited partnership and close corporation disputes
  • Parties in sophisticated employment matters, including non-competition and trade secret actions and injunctions

Representative Experience

  • U.S. ex rel. Allen v. Alere Home Monitoring, Inc. et al, U.S. Dist. Ct. D. Mass. Civ. Ac. No. 16-cv-11372 (pending defense of claims regarding provision of blood coagulation factor testing for national IDTF)
  • U.S. ex rel. Chorches v. American Medical Response, Inc., 2015 U.S. Dist. LEXIS 151272 (Nov. 6, 2015 U.S. Dist. Ct. D. Conn.) (pending claims against national ambulance service provider), decision from Second Circuit Court of Appeals: No. 15-3930 (2d Cir. July 27, 2017)
  • Ouch v. Federal National Mortgage Assoc., 799 F. 3d 62 (1st Cir. 2015) (affirming dismissal of claims by putative class asserting mortgage fraud)
  • Back Bay Spas, Inc. v. 411 Stuart Marketing, LLC, 688 F.3d 61; U.S. App. (2012) (affirming summary judgment in dispute concerning right to purchase commercial condominium)
  • U.S. ex rel. K&R Limited Ptp. v. Mass. Housing Finance Agency, 530 F.3d 980 D.C. Cir. (2008) (affirming summary judgment with important decision regarding scienter under the FCA)
  • Wood v. Tuohy, 67 Mass. App. Ct. 335 (2006)
  • National Lumber Company v. United Casualty and Surety Insurance Company, Inc., 440 Mass. 723 (2004) (successfully defending claims for attorneys’ fees under Massachusetts mechanics lien statute)
  • Hampers v. W.R. Grace & Co., Inc., 202 F.3d 44 1st Cir. (2000) (successfully defending appeal in ERISA case)

Recognition

Lawrence has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system and was selected for inclusion in the 2004 - 2018 lists of Massachusetts Super Lawyers®. Only 5% of the lawyers in the state were selected. Lawrence received the firm’s Carl Hitchner Mentor of the Year award in 2017.

Pro Bono

Lawrence is committed to pro bono work, and has focused on representing asylum seekers. He serves as the chair of the firm’s Pro Bono Asylum and Immigration Working Group and as the Boston office chair of the firm’s Pro Bono Committee. Among other representations, Lawrence has represented an evangelical pastor from Cameroon; a Syrian family threatened by both government and opposition groups; a tortured political prisoner from Tanzania; a gay man from Uganda; a Salvadoran woman whose family was targeted by violent gangs, a Sudanese professor who was tortured after speaking out on Darfur; a political activist from Cameroon; and a political dissident from Haiti.

In 2016, Lawrence was awarded the Sarah B. Ignatius Award for Outstanding Achievement by Boston’s Political Asylum and Immigration Representation Project. He was also the PAIR Project’s Pro Bono Mentor of the Year in 2010.

Education

Lawrence graduated cum laude from Harvard Law School (J.D., 1993), where his team won the 1992 Ames Moot Court competition. He also holds a B.A. from Brandeis University (magna cum laude, 1984), with a dual major in Islamic and Middle Eastern studies and sociology.

Community Engagement

Lawrence is active in Temple Beth Zion in Brookline, Massachusetts, where he currently serves on the board, and served as chairman of the board from 2005 - 2012. He also served as a member of the personnel committee of the Solomon Schechter Day School of Greater Boston.

Admissions

Admitted to practice in the state of Massachusetts, Lawrence is also permitted to practice before the U.S. Court of Appeals for the D.C. Circuit, the U.S. Court of Appeals for the First Circuit, the U.S. Court of Appeals for the Second Circuit, the U.S. Court of Appeals for the Sixth Circuit, the U.S. District Court, District of Massachusetts, and the U.S. Supreme Court.

Sample of Publications and Presentations

  • Speaker, “U.S. Supreme Court’s Escobar False Claim Act Ruling – Trends and Developments Since June 2016 Decision,” Federal Bar Association (June 13, 2018)
  • “Leaked DOJ Memo Indicates New Government Focus on Dismissing Meritless False Claims Act Cases,” Foley & Lardner Client Alert (Jan. 29, 2018)
  • “Leaked DOJ Memo Indicates New Government Focus on Dismissing Meritless False Claims Act Cases,” Foley & Lardner Client Alert, ( Jan. 29, 2018)
  • Speaker, “Implications of the U.S. Supreme Court’s June Escobar Ruling on False Claims Act Cases,” Federal Bar Association (July 28, 2016)
  • “Supreme Court Hears Argument on Scope of False Claims Act,” Corporate Counsel (April 20, 2016)
  • Speaker, “What Every Health Care Attorney Needs to Know: RICO, the 500-Lb. Legal Gorilla,” Association of Corporate Counsel Webinar (June 19, 2014)
  • Speaker, “Current Trends and Developments in Physician Tiering,” BNA Webinar (July 18, 2013)
  • “Dismissing False Claims Act Cases Over Relators' Objections,” Law360 (May 7, 2012)
  • United States ex rel. Hutcheson v. Blackstone Medical, Inc.: First Circuit Expands Limits of False Claims Act Liability and Crystallizes Circuit Court Split,” Healthcare Liability & Litigation (January 2012)
  • "Justifying Your Physician Tiering System Based on a Quality of Care Argument," The American Conference Institute’s Advanced Forum on Managed Care Disputes and Litigation in Philadelphia (May 18, 2011)
  • "First Circuit Rejects False Claims Act Analysis and Rescues Anti-Kickback Claims Against Medical Device Company," Foley & Lardner Legal News Alert, (June 16, 2011)
  • "The False Claims Act Amendments: What Health Care Entities Need to Know," Foley & Lardner Web conference regarding what health care entities need to know about the False Claims Act (FCA) amendments
  • "New e-Discovery Decision Imposes Sanctions, Highlights Risks," Foley & Lardner Legal News Alert (January 26, 2010)
  • "Patient Safety & Quality Improvement Act of 2005: Reaping the Benefits and Protecting Confidentiality in Error Reporting," Health Law Week, Hospital Litigation Reporter and New York Health Law Update sponsored the program on Patient Safety & Quality Improvement Act of 2005 ("PSQIA")
  • "Finding and Keeping A Job," Massachusetts Bar Association
  • "Sharing What Hospitals Know: A Challenge to the Medical Staff Review Process," Massachusetts Medical Law Report
  • "Rhode Island Supreme Court Affirms Limited Nature of Physician-Patient Privilege," Medicine & Health/Rhode Island, Vol. 90, No. 9

Lawrence has also been quoted in national and Massachusetts legal journals, including in the September 2011 issue of InsideCounsel in the article, "Decision Raises the Bar for Defending False Claims Act Cases."

Representative Matters

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Represented the Massachusetts Housing Finance Agency before the D.C. Circuit Court of Appeals in the successful defense of an entry of summary judgment in a $100 million claim under the False Claims Act. The Court unanimously concluded that the Plaintiff-Realtor could not show that the defendant state agency had the necessary scienter to commit a violation of the Act. U.S. ex rel. K&R Limited Ptp. v. Mass. Housing Finance Agency, 530 F.3d 980 (D.C. Cir. 2008).
Represented the independent directors of a privately held enterprise software developer in shareholder derivative litigation in Delaware Chancery Court. The issues in the litigation included alleged breaches of fiduciary duties concerning, among other subjects, executive compensation, as well as valuation issues concerning warrants held by a private equity firm.
Represented a quasi-public state agency sued by the owners and developers of five affordable housing projects. The plaintiffs claimed that interest rates on mortgage financing provided by the Agency in the 1970's and 80's were required to be reduced as a result of bond transactions in 1993 and 2003. In April 2011, the Court granted the Agency's Motions for Summary Judgment on plaintiffs' claims, ruling that the Agency's interpretation of the mortgage notes was correct, based on the language of the notes and the extrinsic evidence.

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