Crisis Management: Healthcare

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Crisis Management: Healthcare
Congressional Investigations
Defense Industry
Financial Institutions
Pharma/Biotech/Med Devices
Privacy & Information Security
Overview| People| Matters| News & Insights

Because of the Government's involvement in the payment for and provision of healthcare services, healthcare is perhaps the most scrutinized and regulated industry sector in our economy.  The Government is pursuing ever more aggressive strategies to hold liable companies and executives it believes have violated the law.  Whether focusing on the billing of government healthcare programs like Medicare or Medicaid, promotional or marketing practices both foreign and domestic, quality of care challenges, or something as serious as a product recall of a drug or medical device,  government scrutiny can be enterprise-threatening.  In addition to the financial consequences of such investigations,  major criminal investigation or regulatory action  can cause serious reputational damage in the form of Congressional hearings and negative press coverage. For example, incidents involving patient injury or death can arouse national media attention, reviews by the Food and Drug Administration (FDA), the Department of Health & Human Services (DHHS), and the Center for Disease Control (CDC), and can provoke a swelling of injury claims that could result in products liability or patient class actions.  And, of course, in some circumstances, companies and individuals can face possible exclusion from participation in Federal or State healthcare programs. 

Responding to government investigations and other similar crises in the healthcare space, therefore, demands immediate reaction and serious attention by lawyers who understand the industry and the government agencies involved, and who are also sensitive to the business needs of company stakeholders.  King & Spalding excels at navigating the factual and legal issues that drive prosecutors' and regulators' investigations and is also experienced in dealing with investors, shareholders, current or prospective patients, clients and business partners, boards and committees, auditors, and employees.  We have an established track record counseling clients in responding to "crisis" scenarios of all kinds.  Whether relating to allegations of Medicare or Medicaid fraud, False Claims Act violations, illegal promotion or marketing activities including off-label promotion, products liability allegations, violations of the Anti-Kickback statute, "short-fuse" acquisition or merger risk-assessments, or FDA/DHHS audits, our deep bench of problem-solvers and crisis managers has extensive experience to bring to bear on your behalf.  Our team includes attorneys who have prior prosecutorial, regulatory (including at FDA, DHHS, and the Center for Medicare and Medicaid Services), and Congressional experience, and thus have "sat in the chair" of the same lawyers who conduct government investigations and audits.  All our attorneys are well-versed in the sensitivities and risks inherent in criminal, regulatory and Congressional investigations, as well as related civil suits.  In addition, our robust presence and experience in Washington, D.C., reflects our experience dealing directly with "inside the Beltway" issues and agencies.

Christopher A Wray (Chris) 
T: +1 202 626 5570 WASHINGTON, D.C.
T: +1 404 572 3544 ATLANTA
T: +1 212 556 2163 NEW YORK
John C Richter 
T: +1 202 626 5617 WASHINGTON, D.C.
Paul B Murphy 
T: +1 404 572 4730 ATLANTA