Lori A. Rubin

Lori A. Rubin is a Washington, D.C.-based lawyer whose practice is devoted to defending clients nationwide in government investigations and enforcement actions, conducting internal investigations particularly as related to allegations of fraud or other wrongdoing, and health care litigation. She is a False Claims Act (FCA) lawyer, appeals and litigates Medicare reimbursement rules and decisions in federal court and counsels and defends clients from allegations of website noncompliance with the Americans with Disabilities Act (ADA).

Lori is a member of the Government Enforcement Defense & Investigations Practice, Business Litigation & Dispute Resolution Practice and the Health Care Industry Team.

Investigations and Enforcement Actions

Lori has represented countless companies, including health care providers, hospitals, medical devices companies and other health care industry participants, as well as government contractors and other recipients of government funding, in investigations and litigation initiated by the federal government and whistleblowers. As a False Claims Act (FCA) attorney, Lori has extensive experience not only in the FCA, but also in the Anti-Kickback Statute (AKS) and the Stark Law. She analyzes, investigates and litigates these statutes.

Lori also conducts internal investigations on behalf of companies and board committees to investigate concerns of fraud, employee misconduct and billing irregularities.

Health Care Litigation

In addition to defending health care industry participants in litigation initiated by the government and whistleblowers, Lori appeals and litigates Medicare reimbursement rules and decisions in federal court on behalf of health care providers, particularly cases arising under the Administrative Procedure Act and the Medicare Statute.

Website Accessibility

Lori also counsels and defends clients from allegations of website noncompliance with the Americans with Disabilities Act (ADA).

Recognition

• Selected for inclusion to the Washington D.C. Rising Stars list by Super Lawyers Magazine (2014 - 2021)

Select Publications and Speaking Engagements

• Quoted, "Reporting Misdeeds: How and When to Use Disclosure Protocol," Healthcare Risk Management Vol. 44, No.2; p13-24 (February 2022)
• Co-author, “California Appellate Court Holds Plaintiffs in Website Accessibility Challenges Must Have "Bona Fide Intent" To Use Services,” Foley & Lardner LLP Legal News: Health Care Law Today (October 8, 2021)
• Co-author, “Rising Importance of Sub-Regulatory Guidance in False Claims Act Cases,” Foley's Health Care Law Today (August 26, 2021)
• Co-author, “Hidden Implications of Current Trends in Enforcement,” Healthcare Business Today (August 20, 2021)
• Co-author, “A Target on Telehealth: Government Action Against Telehealth Fraud in the Wake of COVID-19,” American Health Law Association (July 14, 2021)
• Co-author, “The Risks of 'Swapping' for Durable Medical Equipment,” McKnight’s Long-Term Care News (April 14, 2021)
• Presenter, “US False Claims Act Basics,” Association of Corporate Counsel (November 4, 2020)
• Co-author, “Anti-Fraud Enforcement in the Coronavirus Era,” Foley's Coronavirus Resource Center (March 23, 2020)
• Co-author, “Skilled Nursing Facilities: 2020 Target Area for DOJ under False Claims Act,” Foley's Coronavirus Resource Center (March 9, 2020)
• Co-presenter, “Advanced Topics in Conflicts of Interest,” Foley & Lardner LLP and Deloitte Risk and Financial Advisory – Compliance and Privacy Officer Roundtable (February 27, 2020)
• Co-author, “AseraCase FCA Ruling is a Boon for Health Providers,” Law360 (January 2020)
• Co-author, “Supreme Court Rejects Invitation to Decide Whether Your Company’s Website Must Be Accessible To Individuals with Disabilities,” Foley & Lardner LLP Health Care Law Today (October 8, 2019)
• Co-author, “Can A Whistleblower Release Her Retaliation Claim Under The False Claims Act?,” Foley & Lardner LLP Legal News: Government Enforcement Defense & Investigations (October 8, 2019)
• Author, "The False Claims Act," Association of Corporate Counsel (October 2019)
• Co-author, “What You Want to Know about the Supreme Court’s Recent Allina Decision,” Foley & Lardner LLP Health Care Law Today (June 7, 2019)
• Co-author, “Supreme Court Maximizes Statute of Limitations for Relators Suing Under the False Claims Act,” Foley & Lardner LLP Health Care Law Today (May 31, 2019)
• Co-author, “New DOJ Guidance on Cooperation in False Claims Act Cases,” Foley & Lardner LLP Health Care Law Today (May 15, 2019)
• Co-author, “Health Care Company Asks U.S. Supreme Court to Find False Claims Act Unconstitutional,” Foley & Lardner LLP Legal News: Government Enforcement Defense & Investigations (May 9, 2019)
• Moderator, “We Can Handle the Truth: Meet the U.S. Healthcare Law Enforcers,” (October 2017 and 2018)

Education

• Duke University School of Law (J.D., 2010)
• University of Virginia (B.A., with distinction, 2007)

Admissions

• District of Columbia
• Virginia
• 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