Lori A. Rubin is a Washington, D.C.-based government enforcement defense lawyer and healthcare litigator. Lori defends clients nationwide in government investigations and enforcement actions, conducts internal investigations particularly as related to allegations of fraud or other wrongdoing, and files and defends healthcare litigation. Lori’s clients are often healthcare industry participants, government contractors, and other recipients of government funding.
Lori brings healthcare expertise to investigations and litigation, particularly in matters initiated by or otherwise adverse to the government and whistleblowers. Her healthcare industry clients have included hospitals, health systems, physician groups, pharmacies, medical laboratories, emergency medical services providers, pharmaceutical manufacturers, pharmaceutical care services companies, durable medical equipment suppliers, medical device manufacturers, grant recipients, telehealth providers, private equity funds, skilled nursing facilities, management companies, and consulting firms.
The matters Lori handles frequently arise under the False Claims Act, the Anti-Kickback Statute, the physician self-referral prohibition (the Stark law), the Administrative Procedure Act, and various state law Consumer Protection Act statutes, and from whistleblower or company concerns about compliance or potential wrongdoing.
Lori’s recent representative healthcare litigation experience includes:
- Defended a durable medical equipment (DME) supplier against a four-year U.S. Department of Justice (DOJ) investigation into allegations that the DME supplier violated the False Claims Act by submitting false claims for reimbursement. Lori’s work included conducting an intensive internal investigation, coordinating the response to multiple Civil Investigative Demands and related, extensive negotiations with the government, and reaching eventual resolution to DOJ and whistleblower claims outside of court.
- Represented a national medical laboratory in federal court against whistleblower allegations that the laboratory violated the False Claims Act and Anti-Kickback Statute. Lori’s work included leading the litigation against the whistleblower, including a partially successful motion to dismiss, and ultimately resolving the matter with the whistleblowers and federal and state governments in the midst of litigation.
- Responded to multiple federal and state government subpoenas and inquiries related to the opioid crisis.
- Intervened in federal court litigation on behalf of a pharmaceutical manufacturer when its competitor challenged Food & Drug Administration agency action and inaction impacting the client. Reached resolution.
- Counseled clients on potential litigation regarding state laws in the post-Dobbs era.
- Successfully challenged Inpatient Prospective Payment System (IPPS) rate reduction promulgated by the United States Department of Health & Human Services (HHS) in federal court.
Lori’s recent publications and speaking engagements related to her healthcare litigation and enforcement defense practice include:
- Author, “Managed Care & the FCA: Are Courts Getting It Right?,” National Law Review (Sep. 21, 2022)
- Panelist, “How Do Healthcare Innovations Lead to New Enforcement Risks?,” Physician Legal Issues: Healthcare Delivery & Innovation Conference, American Bar Association (Sep. 15, 2022)
- Author, “Rising Importance of Sub-Regulatory Guidance in False Claims Act Cases,” Foley's Health Care Law Today (August 26, 2021)
- Author, “Hidden Implications of Current Trends in Enforcement,” Healthcare Business Today (August 20, 2021)
- Author, “A Target on Telehealth: Government Action Against Telehealth Fraud in the Wake of COVID-19,” American Health Law Association (July 14, 2021)
- Author, “The Risks of 'Swapping' for Durable Medical Equipment,” McKnight’s Long-Term Care News (April 14, 2021)
Lori’s False Claims Act expertise includes conducting investigations and responding to government inquiries regarding various COVID-19 relief programs. Recent experience and thought leadership include:
- Responded to a Civil Investigative Demand on behalf of several entities related to loans issued through the Small Business Administration’s Paycheck Protection Program.
- Presenter, “COVID-Related Enforcement Activity,” ACC Online Education, Association of Corporate Counsel (Sep. 7, 2022)
- Author, “Anti-Fraud Enforcement in the Coronavirus Era,” Foley's Coronavirus Resource Center (March 23, 2020)
Lori’s False Claims Act practice extends to government contractors. Representative experience and recent speaking engagements include:
- Represented a global government contractor in a multiyear investigation by multiple federal agencies and achieved a government declination of case pre-litigation.
- Defended a contractor in False Claims Act litigation in federal court against a whistleblower until case resolution was reached.
- Presenter, “Current Legal Risks for Government Contractors,” FORVIS Issues in Focus Webinar (June 7, 2022)
In addition, Lori counsels and defends clients from allegations of website noncompliance with the Americans with Disabilities Act (ADA) and state accessibility laws. She has negotiated dozens of resolutions to these cases in this uncertain area of law.
Scholarship by Lori regarding website accessibility includes:
Lori also conducts internal investigations, on behalf of companies and board committees, to investigate concerns of fraud, employee misconduct, and billing irregularities, and she investigates and litigates a multitude of cases, particularly as related to allegations of wrongdoing or conduct relating to the government. Recent representative experience includes:
- Represented a government contractor in Anti-Terrorism Act litigation in federal court.
- Conducted an internal investigation on behalf of a large multinational company related to misappropriation of company funds and potential misappropriation of sensitive business data.
- Conducted an internal investigation on behalf of a physician group related to competitor allegations of stolen business data.
- Selected for inclusion to the Washington D.C. Rising Stars list by Super Lawyers Magazine (2014 - 2022)
- Firm selected for inclusion in Lex Machina’s False Claims Act Litigation Report 2021 as a Top 10 Most Active Defendants’ Law Firms by Cases Filed from 2016 to 2020 (Oct. 2021)
- Duke University School of Law (J.D., 2010)
- University of Virginia (B.A., with distinction, 2007)
- District of Columbia
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. District Courts:
- District of Columbia
- District of Maryland
- Eastern District of Virginia
- Western District of Virginia
- Western District of New York