Ben advises on international and U.S. federal and state agency audits and investigations. His experience includes dealing with matters under the Anti-Kickback Statute, the Foreign Corrupt Practices Act, the UK Bribery Act, the Stark Law, US state and federal false claims acts, and rules governing the privacy and security of health information. Additionally, Ben is proficient in False Claims Act litigation defense, where he and his team have developed significant case law protecting defendants. He also conducts internal risk and compliance investigations and provides advisory services on organizational strategy, enterprise risk management, and regulatory risk-transformation efforts. Ben’s advisory services encompass the entire process, from strategy formation to program implementation, as well as operations oversight and testing.
Ben’s substantive legal experience focuses on the regulation of medical device and biologics manufacturers and distributors, and the full continuum of institutional health care providers, including physician practices; acute and post-acute hospitals; durable medical equipment, prosthetics, orthotics, and supplies suppliers; Medicare Part B suppliers located in skilled nursing facilities (SNFs); ambulatory surgery centers; independent diagnostic testing facilities; and institutional, chain, and 340B pharmacies. However, his strategy and risk management clients come from a wide array of industries: He draws clients from among Fortune 500 companies in rail, mining, aviation, banking, auto rental, and managed care.
Regarding risk management, Ben’s clients ask him to lead cross-functional strategy, operations, and risk management workshops; act as program manager for critical post-acquisition integration efforts and enterprise risk management initiatives; and sit on core restructuring risk management, information management, product development, and technology procurement steering committees. When it comes to investigations, Ben does not simply manage the issue until it is resolved. Instead, he gathers and organizes all information clients possess about themselves, sourced from interviews, documents, enterprise resource planning systems, and both custom and off-the-shelf systems. He then weaves the information into a narrative that reveals the truth and steers the situation toward a positive resolution. Through these engagements, Ben has become conversant in the full suite of enterprise-enabling technologies and – accidentally – learned Lean and Six Sigma methodologies, becoming an accomplished full stack developer. This makes Ben’s approach to designing and leading teams to solve his clients’ most difficult problems unique and transformative. Regardless of the matter, Ben applies his methodologies and tools to deliver superior knowledge and outcomes to his clients.
Ben’s clients expect him to drive transparency, accountability, and innovative thinking across their operations. They ask him to collaborate closely with in-house counsel and risk-control and operations teams, often by facilitating large cross-functional process workshops, to ensure sound design in their regulatory risk management programs and explicit alignment with business goals. Ben’s approach ensures that each decision is informed by hard data and rigorous examination of core cross-functional processes.
Clients praise Ben’s skills in designing corporate risk management programs and compliment him as “highly intelligent” and a “solid business partner” who “integrates well with internal teams” and “possesses a unique ability to forge compelling themes and arguments from disparate and extremely complex facts and data and voluminous evidence in a remarkably short amount of time.”
