Lori Rubin Garber

Partner

Lori Garber is a Washington, D.C.-based government enforcement defense lawyer, health care litigator, and False Claims Act attorney. She is vice chair of the firm’s national Government Enforcement Defense & Investigations Practice Group. 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 health care litigation. Her clients are often health care industry participants, government contractors, and other recipients of government funding.

Health Care Litigation, Investigations, and Enforcement Defense

Lori brings health care experience to investigations and litigation, particularly in matters initiated by or otherwise adverse to the government and whistleblowers. Her health care sector 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, digital health 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.

COVID-19 Fraud Litigation, Investigations, and Enforcement Defense

Lori’s False Claims Act experience includes conducting investigations and responding to government inquiries regarding various COVID-19 relief programs. She has responded to Department of Justice Civil Investigative Demands on behalf of several entities related to loans issued through the Small Business Administration’s Paycheck Protection Program.

Government Contract Litigation, Investigations, and Enforcement Defense

Lori’s False Claims Act practice extends to government contractors. She has responded to multiple Civil Investigative Demands and subpoenas to government contractors in last several years, including one in which she represented a global government contractor in a multiyear investigation by multiple federal agencies and achieved a government declination of the case pre-litigation. In addition, she has defended False Claims Act cases in litigation on behalf of government contractors.  She also has experience defending contractors in Anti-Terrorism Act litigation.

Investigations and Litigation About Data Security and Financial Improprieties

Lori conducts internal investigations, on behalf of companies and board committees, to investigate concerns of fraud, employee misconduct, data security, and billing irregularities, and she investigates and litigates a multitude of cases, particularly as related to allegations of wrongdoing.

Website Accessibility

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.

Representative Experience

Health Care Enforcement Defense

  • Defended a national durable medical equipment supplier against a multiyear U.S. Department of Justice (DOJ) investigation into allegations that the company violated the False Claims Act. 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 successfully resolving DOJ and whistleblower claims without her client having to step foot in a courtroom.
  • Successfully defended a nonprofit medical center and a related pharmacy against allegations they violated the False Claims Act, Anti-Kickback Statute, and Stark Law. Won motion to dismiss in federal court, achieving dismissal of the case with prejudice.
  • Represented a national medical laboratory in federal court against 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 successfully resolving the matter with the whistleblowers and federal and state governments in mediation.
  • Responded to multiple federal and state government subpoenas and inquiries related to the opioid crisis and successfully defended client in related investigations.
  • Counseled clients on potential litigation regarding state laws in the post-Dobbs era.

Other Health Care Litigation

  • Successfully challenged a Medicare rate reduction promulgated by the United States Department of Health & Human Services (HHS) in federal court, resulting in a remand to the agency and a related increase in payments to hospitals nationally.
  • Successfully challenged HHS approval of a Medicaid state plan amendment in federal court, achieving vacatur of HHS’s approval.
  • 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. Successfully reached resolution.
  • Leads the Foley team that serves as lead counsel to, and regularly advises, a national hospital trade association on a variety of matters in the health care industry.

Government Contract Litigation, Investigations, and Enforcement Defense

  • Represented a global government contractor in a multiyear investigation by multiple federal agencies and achieved a government declination of case pre-litigation.
  • Defended a global government contractor in False Claims Act litigation in federal court against a whistleblower until a successful case resolution was reached.

Investigations and Litigation About Data Security and Financial Improprieties

  • 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.
  • Conducted an internal investigation on behalf of energy company related to suspected improper financial transactions.

Awards and Recognition

  • Named to DCA Live’s 2023 Emerging Women Leaders in Private Practice list
  • Selected for inclusion to the Washington D.C. Rising Stars list by Super Lawyers Magazine (2014–present)
  • 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)

Presentations and Publications

23 February 2024 Health Care Law Today

New False Claims Act Stats Show Jump in DOJ-Driven Investigations

The Department of Justice’s annual False Claims Act press release revealed that it increased self-initiated investigations for the federal fiscal year ending September 30, 2023, by 1.5 times over the prior year.
07 February 2024 Manufacturing Industry Advisor

What Every Multinational Company Should Know About … The False Claims Act

Multinational companies should be alert to legal exposure under the False Claims Act. The FCA is a civil statute that can be quite damaging to a multinational company for several reasons.
03 January 2024 Health Care Law Today

Health-Care Fraud Scrutiny Heats Up For Companies, Providers

This year will see a continued proliferation of enforcement against health-care fraud, with old and new theories.
20 June 2023 Article

False Claims Act Supreme Court News: Government Dismissal Authority “Not a Close Call;” Constitutionality of Qui Tam Provisions May Be Closer Call

On June 16, 2023, the Supreme Court of the United States issued an 8–1 decision in United States ex rel. Polansky v. Executive Health Resources, Inc., pertaining to the government’s authority to dismiss False Claim Act (FCA) cases brought by relators pursuant to the FCA’s qui tam provisions.
01 June 2023 Article

Supreme Court Overturns FCA Scienter Cases

The Supreme Court today issued its ruling on one of the most significant False Claims Act cases it has considered in the last several years.
24 April 2023 Honors and Awards

Foley Attorneys Named to 2023 Washington, D.C. Super Lawyers and Rising Stars Lists

Foley & Lardner LLP is pleased to announce that four of its attorneys have been named to the 2023 Washington, D.C. Super Lawyers and Rising Stars lists.