People

Mike Paulhus, a Healthcare partner, specializes in defending leading healthcare providers in government investigations and regulatory enforcement, False Claims Act litigation and crisis management. A regular author and presenter, Mike also serves as an adjunct faculty member, teaching a Healthcare Fraud & Abuse seminar at Georgia State University School of Law.

Mike represents a wide range of clients in fraud and False Claims Act cases as well as government investigations. His clients have included academic medical centers; regional hospital systems; publicly traded hospital corporations; schools of medicine; multinational pharmaceutical, medical device and biologics manufacturers; physician group practices; retail and long-term-care pharmacies; disease management providers; skilled nursing facility operators; behavioral health facilities; and durable medical equipment providers.

Mike has been broadly recognized in his area of practice. Chambers USA 2017 ranked him as “Up and Coming,” commenting he “is noted for his work on behalf of clients in False Claims Act cases and government investigations.  ‘He has been remarkable at making himself available at a moment’s notice, is very knowledgeable about the operations of our organization and provides good counsel to ensure our growth and positive trajectory,’ an appreciative client avers. In 2014, Law360 named him an MVP of Healthcare, one of five lawyers nationwide who had extraordinary wins and contributed most to their practice area. Law360 had previously selected him as a 2013 Rising Star. Mike was also named by The Daily Report to its list of 40 Under 40 Georgia Attorneys On the Rise. Super Lawyers has also listed him in the field of healthcare for Georgia from 2010–2017.

Mike is actively involved in the community, serving as Secretary to the Board of Directors of The Atlanta Opera, a member of the Emory University Board of Visitors, and a member of the Planning Committee of the American Health Lawyers Association Fundamentals of Health Law Conference.

Mike served as a law clerk to the Honorable Kenneth F. Ripple, U.S. Court of Appeals for the Seventh Circuit.

Full Bio

Credentials

B.A., Boston College, summa cum laude, Phi Beta Kappa

J.D., Washington and Lee University, summa cum laude, Order of the Coif

Supreme Court of the United States

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court for the Central District of Illinois

U.S. District Court for the Middle District of Georgia

U.S. District Court for the Northern District of Georgia

District of Columbia

Georgia

Law Clerk, Honorable Kenneth F. Ripple, U.S. Court of Appeals for the Seventh Circuit

American Bar Association

Atlanta Bar Association

American Health Lawyers Association

Leadership Atlanta, Class of 2016

LEAD Atlanta, Class of 2012

Order of the Coif, Washington & Lee University School of Law, 2002

Phi Beta Kappa, Boston College, 1999

"Up and Coming"


Chambers USA 2017

Healthcare: Georgia


Super Lawyers, 2017

Healthcare Rising Star: Georgia


Super Lawyers, 2010–2016

An MVP of Healthcare


Law360, 2014

Rising Star in Healthcare


Law360, 2013

40 Under 40 Georgia Attorneys On the Rise


The Daily Report, 2013

Outstanding Young Healthcare Lawyers


Nightingale’s Healthcare News, 2009

Matters

Representing multiple healthcare providers in various stages of government investigations as well as False Claims Act litigation with private relators and the U.S. Department of Justice.

Won three successive cases for long-term-care pharmacy Omnicare defending against FCA allegations by serial relator Fox Rx:


United States ex rel. Fox Rx., Inc. v. Omnicare, Inc., No. 1:11-cv-962-WSD, 2014 WL 2158412 (N.D. Ga. May 23, 2014). Won complete summary judgment and award of costs (and preceding successive motions to dismiss) for Omnicare in FCA qui tam litigation regarding the scope of Medicare Part D drug coverage. In the first order, five of eight claims were dismissed with prejudice and three with leave to replead. See 2012 WL 8020674 (Aug. 29, 2012). In its second order, the Court dismissed two counts and significantly restricted the remaining theories, dismissing relator’s attempt to proceed with purported nationwide claims on behalf of all Part D plans. See 2013 WL 2303768 (May 17, 2013).


United States ex rel. Fox Rx., Inc. v. Omnicare, Inc., No. 1:12-cv-00275-DLC, 2014 WL 3928780 (S.D.N.Y. Aug. 12, 2014). Won motion to dismiss for Omnicare in FCA qui tam litigation regarding generic drug substitution and National Drug Codes.


United States ex rel. Fox Rx., Inc. v. Dr. Reddy’s Inc. et al., No. 1:13-cv-3779-DLC, 2014 WL 6750277 (S.D.N.Y. Dec. 1, 2014). Won motion to dismiss for Omnicare in FCA qui tam litigation regarding Medicare Part D dispensing fees and Anti-Kickback Statute allegations regarding generic drug rebates.

Won dismissal for medical device manufacturer in False Claims Act litigation regarding allegations of off-label promotion of hernia repair mesh. United States ex rel. Stephens v. Tissue Science Laboratories, Inc., 664 F. Supp. 2d 1310 (N.D. Ga. 2009). The decision created important precedent advancing the principle that Medicare DRG payments for inpatient services can preclude a finding of materiality under the FCA for products bundled within the DRG payment.

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Matters

Representing multiple healthcare providers in various stages of government investigations as well as False Claims Act litigation with private relators and the U.S. Department of Justice.

Won three successive cases for long-term-care pharmacy Omnicare defending against FCA allegations by serial relator Fox Rx:


United States ex rel. Fox Rx., Inc. v. Omnicare, Inc., No. 1:11-cv-962-WSD, 2014 WL 2158412 (N.D. Ga. May 23, 2014). Won complete summary judgment and award of costs (and preceding successive motions to dismiss) for Omnicare in FCA qui tam litigation regarding the scope of Medicare Part D drug coverage. In the first order, five of eight claims were dismissed with prejudice and three with leave to replead. See 2012 WL 8020674 (Aug. 29, 2012). In its second order, the Court dismissed two counts and significantly restricted the remaining theories, dismissing relator’s attempt to proceed with purported nationwide claims on behalf of all Part D plans. See 2013 WL 2303768 (May 17, 2013).


United States ex rel. Fox Rx., Inc. v. Omnicare, Inc., No. 1:12-cv-00275-DLC, 2014 WL 3928780 (S.D.N.Y. Aug. 12, 2014). Won motion to dismiss for Omnicare in FCA qui tam litigation regarding generic drug substitution and National Drug Codes.


United States ex rel. Fox Rx., Inc. v. Dr. Reddy’s Inc. et al., No. 1:13-cv-3779-DLC, 2014 WL 6750277 (S.D.N.Y. Dec. 1, 2014). Won motion to dismiss for Omnicare in FCA qui tam litigation regarding Medicare Part D dispensing fees and Anti-Kickback Statute allegations regarding generic drug rebates.

Won dismissal for medical device manufacturer in False Claims Act litigation regarding allegations of off-label promotion of hernia repair mesh. United States ex rel. Stephens v. Tissue Science Laboratories, Inc., 664 F. Supp. 2d 1310 (N.D. Ga. 2009). The decision created important precedent advancing the principle that Medicare DRG payments for inpatient services can preclude a finding of materiality under the FCA for products bundled within the DRG payment.

Secured declination to intervene by the DOJ and subsequent dismissal of the complaint by the plaintiff/relator following an investigation in parallel FCA qui tam suits against two regional healthcare systems.

Represented leading pharmaceutical companies in investigations into physician interaction practices, off-label promotion, and safety of various prescription drugs by the DOJ, multiple state attorneys general and private litigants.

Matters

Representing multiple healthcare providers in various stages of government investigations as well as False Claims Act litigation with private relators and the U.S. Department of Justice.

Won three successive cases for long-term-care pharmacy Omnicare defending against FCA allegations by serial relator Fox Rx:


United States ex rel. Fox Rx., Inc. v. Omnicare, Inc., No. 1:11-cv-962-WSD, 2014 WL 2158412 (N.D. Ga. May 23, 2014). Won complete summary judgment and award of costs (and preceding successive motions to dismiss) for Omnicare in FCA qui tam litigation regarding the scope of Medicare Part D drug coverage. In the first order, five of eight claims were dismissed with prejudice and three with leave to replead. See 2012 WL 8020674 (Aug. 29, 2012). In its second order, the Court dismissed two counts and significantly restricted the remaining theories, dismissing relator’s attempt to proceed with purported nationwide claims on behalf of all Part D plans. See 2013 WL 2303768 (May 17, 2013).


United States ex rel. Fox Rx., Inc. v. Omnicare, Inc., No. 1:12-cv-00275-DLC, 2014 WL 3928780 (S.D.N.Y. Aug. 12, 2014). Won motion to dismiss for Omnicare in FCA qui tam litigation regarding generic drug substitution and National Drug Codes.


United States ex rel. Fox Rx., Inc. v. Dr. Reddy’s Inc. et al., No. 1:13-cv-3779-DLC, 2014 WL 6750277 (S.D.N.Y. Dec. 1, 2014). Won motion to dismiss for Omnicare in FCA qui tam litigation regarding Medicare Part D dispensing fees and Anti-Kickback Statute allegations regarding generic drug rebates.

Won dismissal for medical device manufacturer in False Claims Act litigation regarding allegations of off-label promotion of hernia repair mesh. United States ex rel. Stephens v. Tissue Science Laboratories, Inc., 664 F. Supp. 2d 1310 (N.D. Ga. 2009). The decision created important precedent advancing the principle that Medicare DRG payments for inpatient services can preclude a finding of materiality under the FCA for products bundled within the DRG payment.

See more
Icon close

Close

Matters

Representing multiple healthcare providers in various stages of government investigations as well as False Claims Act litigation with private relators and the U.S. Department of Justice.

Won three successive cases for long-term-care pharmacy Omnicare defending against FCA allegations by serial relator Fox Rx:


United States ex rel. Fox Rx., Inc. v. Omnicare, Inc., No. 1:11-cv-962-WSD, 2014 WL 2158412 (N.D. Ga. May 23, 2014). Won complete summary judgment and award of costs (and preceding successive motions to dismiss) for Omnicare in FCA qui tam litigation regarding the scope of Medicare Part D drug coverage. In the first order, five of eight claims were dismissed with prejudice and three with leave to replead. See 2012 WL 8020674 (Aug. 29, 2012). In its second order, the Court dismissed two counts and significantly restricted the remaining theories, dismissing relator’s attempt to proceed with purported nationwide claims on behalf of all Part D plans. See 2013 WL 2303768 (May 17, 2013).


United States ex rel. Fox Rx., Inc. v. Omnicare, Inc., No. 1:12-cv-00275-DLC, 2014 WL 3928780 (S.D.N.Y. Aug. 12, 2014). Won motion to dismiss for Omnicare in FCA qui tam litigation regarding generic drug substitution and National Drug Codes.


United States ex rel. Fox Rx., Inc. v. Dr. Reddy’s Inc. et al., No. 1:13-cv-3779-DLC, 2014 WL 6750277 (S.D.N.Y. Dec. 1, 2014). Won motion to dismiss for Omnicare in FCA qui tam litigation regarding Medicare Part D dispensing fees and Anti-Kickback Statute allegations regarding generic drug rebates.

Won dismissal for medical device manufacturer in False Claims Act litigation regarding allegations of off-label promotion of hernia repair mesh. United States ex rel. Stephens v. Tissue Science Laboratories, Inc., 664 F. Supp. 2d 1310 (N.D. Ga. 2009). The decision created important precedent advancing the principle that Medicare DRG payments for inpatient services can preclude a finding of materiality under the FCA for products bundled within the DRG payment.

Secured declination to intervene by the DOJ and subsequent dismissal of the complaint by the plaintiff/relator following an investigation in parallel FCA qui tam suits against two regional healthcare systems.

Represented leading pharmaceutical companies in investigations into physician interaction practices, off-label promotion, and safety of various prescription drugs by the DOJ, multiple state attorneys general and private litigants.

Credentials

B.A., Boston College, summa cum laude, Phi Beta Kappa

J.D., Washington and Lee University, summa cum laude, Order of the Coif

Supreme Court of the United States

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court for the Central District of Illinois

U.S. District Court for the Middle District of Georgia

U.S. District Court for the Northern District of Georgia

District of Columbia

Georgia

Law Clerk, Honorable Kenneth F. Ripple, U.S. Court of Appeals for the Seventh Circuit

American Bar Association

Atlanta Bar Association

American Health Lawyers Association

Leadership Atlanta, Class of 2016

LEAD Atlanta, Class of 2012

Order of the Coif, Washington & Lee University School of Law, 2002

Phi Beta Kappa, Boston College, 1999

"Up and Coming"


Chambers USA 2017

Healthcare: Georgia


Super Lawyers, 2017

Healthcare Rising Star: Georgia


Super Lawyers, 2010–2016

An MVP of Healthcare


Law360, 2014

Rising Star in Healthcare


Law360, 2013

40 Under 40 Georgia Attorneys On the Rise


The Daily Report, 2013

Outstanding Young Healthcare Lawyers


Nightingale’s Healthcare News, 2009