Strategic advocate for companies facing government scrutiny, leveraging deep FCA and enforcement experience to mitigate risk and protect reputations
Kate is the Managing Partner of the Tysons office. She focuses her practice on government and internal investigations, regulatory compliance and enforcement matters, and related litigation. Kate has particular expertise in the False Claims Act (FCA). She has represented clients in a variety of industries, including health care, manufacturing, energy, defense, technology, communications, and financial services, in FCA matters brought by the federal and state governments, as well as private relators. She has successfully argued for dismissal and declination under the FCA and favorably settled parallel civil and criminal cases on behalf of her clients. She serves as the Vice Chair of the Federal Bar Association’s Qui Tam Section, which focuses on providing education, training, and other opportunities for practitioners involved in the FCA and other whistleblower statutes.
Kate also routinely handles government and internal investigation matters involving the Foreign Corrupt Practices Act (FCPA), antitrust law, consumer protection laws, and banking regulations. She advises clients on all aspects of these matters, from consideration of self-disclosure to collateral consequences.
As part of her practice, Kate regularly deals with issues related to electronic discovery, including collection, review, and production of electronically stored information (ESI). Based on her experience in this area, Kate is a member of the firm’s Records and E-Discovery (RED) practice group.
Experience
Representative matters
U.S. ex rel. Jameson v. WBI Energy Transmission, Inc. et al., 3:20-cv-00172, 2024 U.S. Dist. LEXIS 152399 (S.D. Tex.). Defendants’ motion to dismiss FCA complaint granted, involving allegations of reverse false claims violations associated with gas storage operations.
U.S. ex rel. Hlywiak v. Navient Corp., 20-cv-13590, 2022 U.S. Dist. LEXIS 45532 (D.N.J. 2022). Defendants’ motion to dismiss FCA complaint granted, involving allegations of false claims violations associated with servicing of federal student loans.
Obtained favorable resolution of FCA matter for Real Estate Investment Trust involving allegations of improper inducement to physicians in connection with a real estate joint venture, with no corporate integrity agreement.
Representative Experience
U.S. ex rel. Jameson v. WBI Energy Transmission, Inc. et al., 3:20-cv-00172, 2024 U.S. Dist. LEXIS 152399 (S.D. Tex.). Defendants’ motion to dismiss FCA complaint granted, involving allegations of reverse false claims violations associated with gas storage operations.
U.S. ex rel. Hlywiak v. Navient Corp., 20-cv-13590, 2022 U.S. Dist. LEXIS 45532 (D.N.J. 2022). Defendants’ motion to dismiss FCA complaint granted, involving allegations of false claims violations associated with servicing of federal student loans.
Obtained favorable resolution of FCA matter for Real Estate Investment Trust involving allegations of improper inducement to physicians in connection with a real estate joint venture, with no corporate integrity agreement.
U.S. ex rel. Holloway v. Heartland Hospice, Inc., 386 F. Supp. 3d 884 (N.D. Ohio 2019). Defendants’ Motion to Dismiss FCA complaint with prejudice granted. Aff’d -- F.3d --, 2020 WL 2900764, No. 19-3646 (6th Cir. June 3, 2020).
U.S. ex rel. Ribik v. HCR ManorCare, Inc., et al**, 09-cv-13-CMH (E.D. Va.). Co-lead counsel in successful defense of skilled nursing facility chain against False Claims Act (FCA) allegations, forcing the Department of Justice to dismiss all claims with prejudice after close of discovery and briefing summary judgment.
U.S. v. Caldwell, 09-CR-335 (D.D.C.). Co-counsel in the successful criminal defense of FCPA case, obtained acquittal for client Patrick Caldwell after three and a half month jury trial
U.S. ex rel. Raven v. Option Care Enterprises, Inc., C.A. 1:11-cv-00994-CAP (N.D. Ga.). Negotiated confidential settlement with relator resulting in dismissal of FCA claims.
Ambrosecchia v. Paddock Laboratories LLC and Perrigo Company C.A. No. 4:12-CV-2164 (E.D.Mo.). Defendants' Motion to Dismiss FCA complaint granted with prejudice. Aff’d United States ex rel. Ambrosecchia v. Paddock Labs., LLC, 855 F.3d 949 (8th Cir. 2017)
U.S. ex rel. Szymoniak v. U.S. Bank, 10-CV-01465 (D.S.C.). Defendants’ Motion to Dismiss granted in part. Negotiated confidential settlement with relator resulting in dismissal of FCA claims.
U.S. ex rel. McCoyd v. Omnicare, Inc., 1:07-cv-81 (W.D. Va.) and U.S. ex rel. Spetter v. Omnicare, Inc., 1:10-cv-6 (W.D. Va.). Negotiated settlement with Department of Justice and relator.
U.S. ex rel. Ruscher v. Omnicare Inc., 4:08-cv-3396 (S.D. Tex.). Defendant’s Motion to Dismiss granted in part. Summary judgment granted for defendants on all claims
U.S. ex rel. Litwiller v. Omnicare, 1:11-cv-8980 (N.D. Ill.). Defendants’ Motion to Dismiss granted in part. Negotiated confidential settlement with relator resulting in dismissal of FCA claims.
U.S. ex rel. Stone v. Omnicare, 1:09-cv-04319 (N.D. Ill.). Defendant’s three successive Motion to Dismiss granted, ultimately with prejudice. Negotiated confidential settlement of retaliation claim
U.S. ex rel. Rostsholder v. Omnicare, 07-cv-1283 (D. Md.) Defendant’s Motion to Dismiss granted with prejudice. Aff’d, 745 F.3d 694 (4th Cir. 2014).
U.S. ex rel. Grosz v. St. Jude Medical, 1:13-cv-437 (S.D. Ala.) Relator voluntarily dismissed case after Department of Justice declined to intervene.
U.S. ex rel. Donigan v. St. Jude Medical, 06-cv-11166 (D. Mass.). Negotiated settlement with Department of Justice and relator. No Corporate Integrity Agreement.
Represented international pharmaceutical company in multiple internal investigations involving FCPA compliance
Represented national financial institution in multiple federal and state investigations relating to residential mortgage backed securities
Represented national medical device manufacturer in multiple government investigations involving allegations under the False Claims Act
Represented pharmaceutical manufacturer in price reporting investigation by the Texas Attorney General.
Obtained dismissal of a false claims act case in the District of Maryland for a national pharmacy
Represented a Scandinavian manufacturing company in a criminal antitrust investigation by the Department of Justice and assisted in negotiation of a settlement
Represented pharmaceutical manufacturer in false claims act investigation by California Attorney General
Obtained voluntary dismissal of FCA suit in Northern District of Texas for medical device manufacturer