Lori Rubin Garber

Partner

Lori Rubin 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 healthcare litigation. Her clients are often health care industry participants, government contractors, and other recipients of government funding.

 

Representative Experience

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, 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 health care 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.

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. 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 global government contractor in False Claims Act litigation in federal court against a whistleblower until case resolution was reached.
  • Responded to multiple Civil Investigative Demands and subpoenas to government contractors in last several years.
  • Represented a government contractor in Anti-Terrorism Act litigation in federal court.

Investigations and Litigation About Data Security and Financial Improprieties

Lori also 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. Recent representative experience includes:

  • 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.

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.

 

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

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.
29 March 2023 Health Care Law Today

Growing Scrutiny of Private Equity in Health Care

The presence of private equity investment has exploded in recent years in all areas of the health care sector.
09 March 2023 Honors and Awards

Lori Rubin Named to DCA Live’s 2023 ‘Emerging Women Leaders in Private Practice’ List

Foley & Lardner LLP Partner Lori Rubin is named to DCA Live’s 2023 Emerging Women Leaders in Private Practice list, which honors women in law in the Washington, D.C. region who are emerging as leaders within their firms and the broader legal community.
27 February 2023 Health Care Law Today

Health Care & Life Sciences Sector Top Trends for 2023

Foley is primed to strategically advise health care and life sciences companies through every step of their journey and all stages of their lifecycle.