Lawrence M. Kraus

Partner

Overview

Larry Kraus is a seasoned litigator, trial advocate, and trusted adviser who brings nearly 30 years of litigation experience to solving issues for clients. Larry is the chair of Foley’s Boston Litigation Department and is a member of the firm’s Government Enforcement Defense & Investigations Practice and the Health Care and Life Sciences Sector. Larry also 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.

Larry’s practice focuses on federal False Claims Act (FCA) investigations and litigation, complex healthcare matters, and a wide range of other complex commercial litigation. He counsels corporations and individuals across the country in a wide range of industries, in federal and state trial and appellate courts, and in arbitrations. He has deep healthcare litigation experience, including a wide variety of matters involving defense of federal FCA actions involving healthcare entities as well as managed care disputes, peer review proceedings and medical staff issues, physician group practice disputes, and proceedings before medical licensing boards.

Representative Experience

False Claims Act

Larry’s practice focuses on defending companies faced with complex federal FCA investigations and litigation. Some of his representative clients and matters in FCA defense include:

  • Durable medical equipment provider in FCA and retaliation claims in the Southern District of Alabama (substantive claims dismissed on Motion to Dismiss)
  • National healthcare providers in nationwide federal FCA investigations out of the Southern District of New York
  • Multistate cancer treatment providers in FCA claims in the Eastern District of New York
  • National Energy Employee Occupational Injury Compensation Act provider in federal FCA investigations out of the Middle District of Florida and the Southern District of Ohio
  • National Independent Diagnostic Testing Facility in FCA claims in the District of Massachusetts, regarding provision of blood coagulation factor testing (dismissed on Motion to Dismiss)
  • Claims alleging fraudulent billing against a national ambulance service provider 
  • National health insurer in FCA suit alleging fraud in connection with a federal Employees Health Benefits Act contract with the U.S. Office of Personnel Management, resulting in a grant of summary judgment for the defendant 
  • Massachusetts quasi-public authority in FCA claims regarding the Housing and Urban Development Program, resulting in a grant of summary judgment motion and successful appeal

Health Care and Complex Business Disputes

Larry has deep experience in litigating other complex healthcare matters, including managed care disputes, peer review proceedings and medical staff issues, physician group practice disputes, and proceedings before medical licensing boards. Larry also litigates a wide range of other commercial litigation in federal and state trial and appellate courts, and in arbitrations, including:

  • Represented the founders of a software company against the acquirer on an earn-out dispute (multiday arbitration)
  • Represented the buyer of an institutional pharmacy asserting breaches of reps and warranties against the seller
  • Action on behalf of a national healthcare provider against a developer of customized software
  • Defense of a physician being disciplined by a prominent Boston-area hospital (multiday peer review proceeding)
  • Action on behalf of a software technology company against a developer of customized software
  • 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 healthcare-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

Selected Reported Decisions

  • U.S. ex rel. Chorches v. American Medical Response, Inc. (2d Cir. 2017) (deciding Second Circuit Rule 9(b) standard for FCA claims)
  • ACT for Health v. United Energy Healthcare Workers, Inc. (6th Cir. 2019) (successful defense of appeal of complete dismissal of claims concerning the Energy Employees Occupational Injury Claims Program Act
  • U.S. ex rel. K&R Limited Ptp. v. Mass. Housing Finance Agency, 530 F.3d 980 (D.C. Cir. 2008)
  • Ouch v. Federal National Mortgage Assoc., 799 F. 3d 62 (1st Cir. 2015)
  • Back Bay Spas, Inc. v. 411 Stuart Marketing, LLC, 688 F.3d 61; (1st. Cir. 2012). 

Recognition

Larry was selected for inclusion in the 2004-2022 lists of Massachusetts Super Lawyers® — only 5% of the lawyers in the state were selected — and he has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system.

Larry received Foley’s Carl Hitchner Mentor of the Year award in 2017, in recognition of his commitment to mentoring.

Pro Bono

Larry 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, Larry has represented an evangelical pastor from Cameroon, a Syrian family threatened for non-violent democracy efforts, 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.

Under Larry’s leadership, Foley’s Boston office was honored as the 2020 “Firm of the Year” by Boston’s Political Asylum and Immigration Representation (PAIR) Project. In addition, in 2016 Larry was the first recipient of the PAIR Project’s “Sarah B. Ignatius Award for Outstanding Achievement.” He was recognized as PAIR’s “Pro Bono Mentor of the Year” in 2010.

Admissions

  • U.S. Supreme Court
  • U.S. Courts of Appeals for the First Circuit (argued), Second Circuit (argued), Fourth Circuit, Sixth Circuit (argued), and D.C. Circuit
  • U.S. District Court, District of Massachusetts
  • State of Massachusetts

Education

  • Harvard Law School (J.D., cum laude, 1993)
    • Winner, 1992 Ames Moot Court competition. 
  • Brandeis University (B.A., magna cum laude, 1984; dual major in Islamic and Middle Eastern Studies and Sociology)
  • American University in Cairo in 1983

Community Engagement

Larry is active in Temple Beth Zion in Brookline, Massachusetts, where he currently serves as a vice president of the board. He has served on the board since 2017 and previously as chair of the board from 2005-2012.

Selected Publications and Presentations

  • "Supreme Court Declines to Resolve Circuit Split on FCA ‘Objective Falsity’ Issue,” Health Care Law Today (February 23, 2021)
  • “Government Seizure of Medical Supplies from Health Care Providers – Is It Legal?,” Foley Coronavirus Resource Center (May 15, 2020)
  • “Applied for a PPP Loan? Simple Steps Now to Avoid Government Scrutiny Later,” Foley Coronavirus Resource Center (May 6, 2020)
  • “Ninth Circuit Holds an ‘Objective Falsehood’ Is Not Required for Violation of False Claims Act,” Health Care Law Today (April 20, 2020)
  • “Five Do’s and Don’ts for an Effective Virtual Mediation,” Foley Coronavirus Resource Center (April 14, 2020)
  • “Anti-Fraud Enforcement in the Coronavirus Era,” Health Care Law Today (March 23, 2020) 
  • “Third Circuit Creates Budding Circuit Split in United States v. Care Alternatives, Ruling That ‘Objective Falsity’ Is Not Required Under FCA,” Health Care Law Today (March 10, 2020)
  • “Skilled Nursing Facilities: 2020 Target Area for DOJ under False Claims Act,” Health Care Law Today (March 9, 2020)
  • “Can A Whistleblower Release Her Retaliation Claim Under The False Claims Act?,” Foley Insights, (October 8, 2019)
  • “AseraCare 11th Circuit Case Holds Differences in Hospice Clinical Opinions Are Insufficient to Demonstrate Falsity Under the FCA,” Health Care Law Today (September 11, 2019)
  • “Supreme Court Maximizes Statute of Limitations for Relators Suing Under the False Claims Act,” Health Care Law Today (May 31, 2019)
  • “New DOJ Guidance on Cooperation in False Claims Act Cases,” Foley Insights (May 10, 2019)
  • 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 Insights (Jan. 29, 2018)