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He is experienced in numerous areas, including energy, life sciences, healthcare, labor, products liability, international trade, environmental, and bankruptcy. Ashley has handled appeals and complex litigation matters in courts across the country, including significant matters before the U.S. Supreme Court, almost all of the federal courts of appeal, and a variety of state appellate courts.\u003c/p\u003e\n\u003cp\u003eA frequent author and speaker, Ashley has been recognized for his skill as an appellate lawyer. He has been ranked by \u003cem\u003eChambers USA,\u003c/em\u003e recommended by \u003cem\u003eLegal 500\u003c/em\u003e, listed as a Washington D.C. Super Lawyer, and selected by Lawdragon as one of the nation's leading litigators. In 2012, he was one of only five appellate lawyers nationwide to be recognized as a \u003cem\u003eLaw360\u003c/em\u003e Rising Star. And in 2014, he was identified by Reuters as one of \u0026ldquo;the top handful of lawyers in America\u0026rdquo; who have had remarkable success before the U.S. Supreme Court.\u003c/p\u003e","slug":"ashley-parrish","email":"aparrish@kslaw.com","phone":null,"matters":["\u003cp\u003e\u003cstrong\u003eU.S. Supreme Court Matters\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003e\u003cem\u003eDoe v. Snap, Inc.\u003c/em\u003e\u003c/strong\u003e \u003cstrong\u003e(2024)\u003c/strong\u003e. Successfully opposed petition for certiorari in major litigation relating to internet service provider liability for third party conduct under section 230 of the Communications Decency Act, preserving victory before the U.S. Court of Appeals for the Fifth Circuit.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eTrustees of the United Mine Workers of Am. Combined Benefit Fund v. United States Pipe \u0026amp; Foundry Co. \u003c/em\u003e(2023)\u003c/strong\u003e. Successfully defeated petition for certiorari, preserving victory in U.S. Court of Appeals for the Eleventh Circuit, in major bankruptcy litigation relating to claims filed under the Coal Industry Retiree Health Benefit Act of 1993.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eSEC v. Jarkesy\u003c/em\u003e\u003c/strong\u003e \u003cstrong\u003e(2023)\u003c/strong\u003e. Filed significant \u003cem\u003eamicus curiae\u003c/em\u003e brief on behalf of the Pioneer Public Interest Law Center in major litigation involving constitutionality of the SEC's enforcement process.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eStirling v. Stokes\u003c/em\u003e (2023). \u003c/strong\u003eSuccessfully opposed petition for certiorari, preserving judgment in favor of habeas corpus in high-profile capital case.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eHedican v. Walmart Stores East \u003c/em\u003e(2022). \u003c/strong\u003eSuccessfully opposed petition for certiorari, preserving victory in U.S. Court of Appeals for the Seventh Circuit, in significant litigation involving the EEOC and attempts by a charging party to belatedly intervene in litigation.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBecerra v. Empire Health Foundation\u0026nbsp;\u003c/em\u003e(2021).\u0026nbsp;\u003c/strong\u003eRepresenting hospitals in significant healthcare dispute relating to calculation of payments to hospitals that treat a disproportionate share of low-income and indigent patients\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eWolfe v. Commonwealth of Virginia\u003c/em\u003e\u0026nbsp;(2019)\u003c/strong\u003e. Obtained summary reversal and remand to Virginia courts in connection with high-profile death penalty matter.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eElectric Power Supply Association v. FERC\u003c/em\u003e\u0026nbsp;(2016).\u003c/strong\u003e\u0026nbsp;Represented the Electric Power Supply Association in major litigation challenging the Federal Energy Regulatory Commission\u0026rsquo;s regulation of \u0026ldquo;demand response.\u0026rdquo;\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eAshley Furniture Industries, Inc. v. United States\u003c/em\u003e\u0026nbsp;(2014).\u003c/strong\u003e\u0026nbsp;Successfully opposed petition for\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003ecertiorari\u003c/em\u003e\u0026nbsp;filed in major trade remedy case involving First Amendment challenge to the Continued Dumping and Subsidy Offset Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eBond. v. United States\u003c/em\u003e\u0026nbsp;(2014).\u003c/strong\u003e\u0026nbsp;Secured victory in case addressing the federal government\u0026rsquo;s authority to prosecute a local offense under the Chemical Weapons Convention.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eUtility Air Regulatory Group v. EPA\u003c/em\u003e\u0026nbsp;(2014)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Filed\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003eamicus curiae\u003c/em\u003e\u0026nbsp;brief by a group of law professors, cited favorably by the Supreme Court for its \"felicitous\" explanation of arguments.\u003c/p\u003e","\u003cp\u003e\u003cem data-redactor-tag=\"em\"\u003e\u003cstrong data-redactor-tag=\"strong\"\u003ePPL Corporation v. Commissioner of Internal Revenue\u003c/strong\u003e\u003c/em\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003e(2013)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Obtain unanimous decision finding that a UK windfall tax was creditable for U.S. tax purposes.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003ePPL Montana v. Montana\u003c/em\u003e\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003e(2012)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Obtained unanimous decision reversing the Montana Supreme Court\u0026rsquo;s ruling that riverbed lands under the Upper Missouri, Clark Fork and Madison rivers are state-owned because they were purportedly navigable in 1889 when Montana joined the Union.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003ePublic Citizen, Inc. et al. v. United States\u003c/em\u003e\u0026nbsp;(2012)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented industry association in successfully opposing petition for\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003ecertiorari\u003c/em\u003e\u0026nbsp;filed by public interest groups and states challenging favorable decision upholding the federal market-based rate regime.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eBond v. United States\u003c/em\u003e\u0026nbsp;(2011)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Secured successful reversal in case confirming private-party standing to challenge federal prosecutions that exceed the treaty power under the Tenth Amendment.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003ePlata v. Coleman\u003c/em\u003e\u0026nbsp;(2011)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented a class of inmates suffering from mental illness and successfully defended order of three-judge panel requiring California to address its prison overcrowding crisis.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eHorne\u003c/em\u003e\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003ev. Flores\u003c/em\u003e\u0026nbsp;(2009)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented Arizona legislative leaders in education reform litigation, obtaining\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003ecertiorari\u003c/em\u003e\u0026nbsp;and successful reversal of a Ninth Circuit decision addressing the standards for modifying an injunction and the interplay between the Equal Education Opportunity Act and the No Child Left Behind Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eMassachusetts\u003c/em\u003e\u003c/strong\u003e\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003e\u003cstrong data-redactor-tag=\"strong\"\u003ev. EPA\u003c/strong\u003e\u003c/em\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003e(2007\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e).\u003c/strong\u003e\u0026nbsp;Prepared merits brief on behalf of the Alliance of Automobile Manufacturers addressing the authority of the Environmental Protection Agency to regulate greenhouse gas emissions.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eElk Grove School District v. Newdow\u003c/em\u003e\u0026nbsp;(2004)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented the mother of the minor child identified as the plaintiff in a successful defense of a challenge to the constitutionality of the Pledge of Allegiance.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eOther Appellate Matters and Strategic Ligitation Matters\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIberdola Energy Projects v. Oaktree Capital Management (N.Y. Supreme Court 2024)\u003c/em\u003e. \u003c/strong\u003ePrevailed in appeal dismissing complaint filed by contractor seeking to overcome non-recourse provision and re-litigate claims previously resolved through arbitration.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eAmericans for Beneficiary Choice v. HHS\u0026nbsp;\u003c/em\u003e(N.D. Tex. 2024)\u003c/strong\u003e. Part of team obtaining emergency stay of effective date challenging agency regulations seeking to change payment structure for administrative services provided in connection with Medicare Advantage enrollment.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eNextEra Energy Global Holdings B.V. v. Kingdom of Spain\u0026nbsp;\u003c/em\u003e(D.C. Cir. 2024)\u003c/strong\u003e. Part of successful team representing 9REN Holding in major international arbitration matter.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eMosaic Health Inc. v. Sanofi-Aventis U.S., LLC (W.D.N.Y 2024)\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e.\u0026nbsp;\u003c/em\u003eSuccessfully represented Novo Nordisk in obtaining dismissal of antitrust complaint challenging manufacturer policies regarding use of contract pharmacies under the federal 340B statute.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eUnited States ex rel. Adventist Health System / West v. AbbVie, Inc.\u0026nbsp;\u003c/em\u003e(C.D. Cal. 2024).\u0026nbsp;\u003c/strong\u003eSuccessfully obtained dismissal of False Claims Act case brought against manufacturers in connection with pricing under the federal 340B statute.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eRedes Andinas de Comunicaciones S.R.L. v. Republic of Peru\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e\u0026nbsp;(D.D.C. 2024)\u003c/strong\u003e. Successfully obtained enforcement of arbitral awards under New York Convention and entry of default judgment.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eDoe v. Becerra\u0026nbsp;\u003c/em\u003e(C.D. Cal. 2024)\u003c/strong\u003e. Represented the American Kidney Foundation in successful First Amendment challenge to California law (AB 290) seeking to interfere with charitable services provided to patients suffering from end-stage renal disease.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eSanofi Aventis U.S. LLC v. HHS\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e\u0026nbsp;\u003c/em\u003e\u003cstrong\u003e(3d Cir. 2023)\u003c/strong\u003e. Represented Novo Nordisk in successful appeal in major litigation under federal 340B statute relating to manufacturers' rights to impose reasonable conditions on when discounted drugs will be transferred to contract pharmacies.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eDoe v. Snap, Inc.\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e\u0026nbsp;(5th Cir. 2023).\u0026nbsp;\u003c/strong\u003ePrevailed in appeal affirming dismissal of claims seeking to hold Snap liable for third-party conduct based on section 230 of the Communications Decency Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eKhashoggi v. NSO Group Techologies Limited\u003c/em\u003e\u0026nbsp;(E.D. Va. 2023).\u0026nbsp;\u003c/strong\u003eObtained successful dismissal on personal jurisdiction grounds of litigation challenging use of cybersecurity software.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eAmerican Clinical Laboratory Association v. Becerra\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e\u0026nbsp;(D.C. Cir. 2022)\u003c/strong\u003e. Successfully represented trade association for the nation's laboratories regarding agency decision to exclude hospital-based outreach laboratories from reporting requirements under the Protecting Access to Medicare Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eEverport Terminal Services, Inc. v. NLRB\u003c/em\u003e\u0026nbsp;(D.C. Cir. 2022)\u003c/strong\u003e. Successful appeal challenging agency determinations over which union was entitled to represent mechanic workforce at terminal in Oakland, California.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIn re United States Pipe \u0026amp; Foundry Co.\u003c/em\u003e\u0026nbsp;(11th Cir. 2022)\u003c/strong\u003e. Successfully represented debtor in significant bankruptcy litigation addressing definition of \"claim\" under Bankruptcy Code and whether claims under the Coal Industry Retiree Health Benefit Act were discharged in Chapter 11 cas\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eR.J. Reynolds Tobacco Co. v. Estate of Konzelman\u003c/em\u003e\u0026nbsp;(Fla. Ct. App, 4th Dist. 2022)\u003c/strong\u003e. Successful appeal obtaining reversal and remand of punitive damages award.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eThomas \u0026amp; Betts Corp. v. Trinity Meyer Utility Structures, LLC\u003c/em\u003e\u0026nbsp;(2d Cir. 2021)\u003c/strong\u003e. Obtained favorable decision reversing trial court in significant construction contract dispute and allowing breach-of-contract claims to move forward.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eBethesda Health, Inc. v. Azar\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e\u0026nbsp;(D.C. Cir. 2021).\u0026nbsp;\u003c/strong\u003eSuccessfully represented the Florida Hospital Association and ten of its member hospitals in challenge to how CMS calculates Medicare reimbursement rates, paving the way for hospitals to gain millions of dollars in additional Medicare reimbursements.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBasic Capital Management, Inc. v. Dynex Capital, Inc.\u003c/em\u003e\u0026nbsp;(5th Cir. 2021).\u003c/strong\u003e\u0026nbsp;Successfully defended district court judgment, reaffirming important principles of res judicata law and preventing plaintiffs from reviving their time-barred lawsuit.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eCallinan v. Lexicon Pharmaceuticals, Inc.\u0026nbsp;\u003c/em\u003e(5th Cir. 2021).\u0026nbsp;\u003c/strong\u003eObtained favorable appellate court ruling dismissing major securities class action for failure to meet pleading requires under the securities law.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIn re Triangle Corp. Securities Litigation\u003c/em\u003e\u0026nbsp;(4th Cir. 2021)\u003c/strong\u003e. Obtain appellate decision dismissing securities fraud class action against Triangle Capital Corporation and certain of its officers and directors, reaffirming principle that speculative, hindsight pleadings are not permissible in cases alleging violations of the federal securities laws.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eStokes v. Stirling\u003c/em\u003e\u0026nbsp;(4th Cir. 2021)\u003c/strong\u003e. Obtained favorable ruling reversing district court, granting habeas petition, and remanding for issuance of a writ or resentencing.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eNawai Wardak Transp. Co. v. RMA Group Afghanistan Limited\u003c/em\u003e\u0026nbsp;(Mich. Ct. App. 2021)\u003c/strong\u003e. Obtained reversal of a trial court order dismissing claims for lack of personal jurisdiction, permitting case to proceed on merits in Michigan trial court.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eWojcicki v. SCANA/SCE\u0026amp;G\u0026nbsp;\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e(4th Cir. 2020).\u0026nbsp;\u003c/strong\u003eObtained favorable decision affirming that relators cannot proceed\u0026nbsp;\u003cem\u003epro se\u0026nbsp;\u003c/em\u003ewhen bringing a False Claims Act lawsuit.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eAmerican Clinical Laboratory Association v. Azar\u0026nbsp;\u003c/em\u003e(D.C. Cir. 2019).\u0026nbsp;\u003c/strong\u003eObtained favorable jurisdictional ruling, reversing district court and holding that judicial review bar does not apply to challenge to CMS's failure to comply with the data collection requirements of the Protecting Access to Medicare Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eKapila v. Grant Thornton, LLP\u003c/em\u003e\u0026nbsp;(11th Cir. 2019)\u003c/strong\u003e. Obtained favorable decision affirming district court's decision granting judgment in Grant Thornton's favor based on common law\u0026nbsp;\u003cem\u003ein pari delicto\u0026nbsp;\u003c/em\u003edoctrine.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eAlvarez v. The Johns Hopkins University, et al.\u0026nbsp;\u003c/em\u003e(D. Md. 2019)\u003c/strong\u003e\u0026nbsp;Served as lead appellate lawyer and brief writer in major litigation seeking to hold Bristol Myers Squibb and other defendants liable for medical research experiments conducted in Guatemala between 1946 and 1948. Successful obtained voluntary dismissal with prejudice.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eMalek v. Blackmer Pump\u003c/em\u003e\u003c/strong\u003e\u0026nbsp;\u003cstrong\u003e(Cal. Ct. App. 2019).\u0026nbsp;\u003c/strong\u003eObtained favorable ruling affirming grant of summary judgment in litigation arising out of Iranian refinery workers' exposure to asbestos in the 1950s through the 1970s.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eBoard of Comm\u0026rsquo;rs of the Southeast La. Flood Prot. Auth., et al. v. Tennessee Gas Pipeline Co.\u003c/em\u003e\u0026nbsp;(5th Cir. 2017)\u003c/strong\u003e. Served as lead appellate lawyer representing Chevron Corporation on appeal, defending dismissal of litigation brought by a local levee board seeking to hold the oil and gas industry liable for coastal land loss.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eRozema v. U.S. Dept. of Health \u0026amp; Human Servs.\u003c/em\u003e\u0026nbsp;(2d Cir. 2017).\u003c/strong\u003e\u0026nbsp;Served as lead appellate lawyer representing R.J. Reynolds Tobacco Company in successful defense of decision dismissing action seeking to compel the release of confidential and trade secret information.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eBenton County Wind Farm LLC v. Duke Energy Indiana, Inc.\u003c/em\u003e\u0026nbsp;(7th Cir. 2016)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented wind farm in successful appeal reversing district court decision concerning contractual obligation of utility to purchase wind farm's output under long-term contract.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eDelaware Dept. of Natural Res. \u0026amp; Envtl Control v. EPA\u003c/em\u003e\u0026nbsp;(D.C. Cir. 2015)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Served as counsel of record for the Electric Power Supply Association in a successful challenge to the EPA\u0026rsquo;s final rule exempting backup, diesel-fueled generators from emissions controls.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eFrank v. Fuhrer Wholesale Co. v. MillerCoors LLC, et al.\u003c/em\u003e\u0026nbsp;(3d Cir. 2015)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Served as lead appellate counsel in successful appeal defending district court judgment in a contract dispute between MillerCoors and one of its largest distributors.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eU.S. ex rel. Michael Keeler v. Eisai Inc.\u003c/em\u003e\u0026nbsp;(11th Cir. 2014)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Successfully represented pharmaceutical manufacturer in appeal defending dismissal of\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003equi tam\u003c/em\u003e\u0026nbsp;lawsuit.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eExelon Wind 1, LLC v. Nelson\u003c/em\u003e\u0026nbsp;(5th Cir. 2014).\u003c/strong\u003e\u0026nbsp;Represented major energy company in successful appeal challenging order striking down the Texas Public Utilities Commission\u0026rsquo;s interpretation of statutory scheme governing the purchase of energy between public utilities and qualifying facilities.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eWest Deptford Energy, LLC v. FERC\u003c/em\u003e\u0026nbsp;(D.C. Cir. 2014)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Successfully represented petitioner in appeal challenging agency orders that failed to comply with file rate doctrine.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eSouth Carolina Public Service Authority v\u003c/em\u003e.\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003eFERC\u003c/em\u003e\u0026nbsp;(D.C. Cir. 2014)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented LS Power in successful defense of agency decision regarding rights of first refusal in Order 1000 rulemaking.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":182}]},"expertise":[{"id":2,"guid":"2.capabilities","index":0,"source":"capabilities"},{"id":106,"guid":"106.capabilities","index":1,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":2,"source":"capabilities"},{"id":102,"guid":"102.capabilities","index":3,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":4,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":5,"source":"capabilities"},{"id":17,"guid":"17.capabilities","index":6,"source":"capabilities"},{"id":74,"guid":"74.capabilities","index":7,"source":"capabilities"},{"id":984,"guid":"984.smart_tags","index":8,"source":"smartTags"},{"id":122,"guid":"122.capabilities","index":9,"source":"capabilities"},{"id":1248,"guid":"1248.smart_tags","index":10,"source":"smartTags"}],"is_active":true,"last_name":"Parrish","nick_name":"Ashley","clerkships":[{"name":"Law Clerk, Hon. Emilio M. Garza, U.S. Court of Appeals for the Fifth Circuit","years_held":"1998-1999"}],"first_name":"Ashley","title_rank":9999,"updated_by":202,"law_schools":[],"middle_name":"C.","name_suffix":"","recognitions":[{"title":"Nationwide Appellate Law","detail":"Chambers \u0026 Partners"},{"title":"Supreme Court \u0026 Appellate","detail":"Legal 500"},{"title":"500 Leading Litigators","detail":"Lawdragon"},{"title":"Washington D.C. Super Lawyer","detail":"Super Lawyers"},{"title":"One of “the top handful of lawyers in America” who have had remarkable success before the U.S. Supreme Court.","detail":"Reuters, 2014"},{"title":"A Rising Star (one of five appellate lawyers nationwide) ","detail":"Law360, 2012"}],"linked_in_url":"https://www.linkedin.com/in/ashleycparrish/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eAshley Parrish is one of the partners that leads the firm\u0026rsquo;s Appellate, Constitutional and Administrative Law practice.\u0026nbsp;He focuses his practice on appellate, administrative, and constitutional law, and on strategic, complex litigation.\u0026nbsp;He\u0026nbsp; has significant experience handling administrative law cases in litigation against federal and state government agencies.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAshley regularly advises clients in strategic litigation matters, as well as in federal administrative law and practice. He is experienced in numerous areas, including energy, life sciences, healthcare, labor, products liability, international trade, environmental, and bankruptcy. Ashley has handled appeals and complex litigation matters in courts across the country, including significant matters before the U.S. Supreme Court, almost all of the federal courts of appeal, and a variety of state appellate courts.\u003c/p\u003e\n\u003cp\u003eA frequent author and speaker, Ashley has been recognized for his skill as an appellate lawyer. He has been ranked by \u003cem\u003eChambers USA,\u003c/em\u003e recommended by \u003cem\u003eLegal 500\u003c/em\u003e, listed as a Washington D.C. Super Lawyer, and selected by Lawdragon as one of the nation's leading litigators. In 2012, he was one of only five appellate lawyers nationwide to be recognized as a \u003cem\u003eLaw360\u003c/em\u003e Rising Star. And in 2014, he was identified by Reuters as one of \u0026ldquo;the top handful of lawyers in America\u0026rdquo; who have had remarkable success before the U.S. Supreme Court.\u003c/p\u003e","matters":["\u003cp\u003e\u003cstrong\u003eU.S. Supreme Court Matters\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003e\u003cem\u003eDoe v. Snap, Inc.\u003c/em\u003e\u003c/strong\u003e \u003cstrong\u003e(2024)\u003c/strong\u003e. Successfully opposed petition for certiorari in major litigation relating to internet service provider liability for third party conduct under section 230 of the Communications Decency Act, preserving victory before the U.S. Court of Appeals for the Fifth Circuit.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eTrustees of the United Mine Workers of Am. Combined Benefit Fund v. United States Pipe \u0026amp; Foundry Co. \u003c/em\u003e(2023)\u003c/strong\u003e. Successfully defeated petition for certiorari, preserving victory in U.S. Court of Appeals for the Eleventh Circuit, in major bankruptcy litigation relating to claims filed under the Coal Industry Retiree Health Benefit Act of 1993.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eSEC v. Jarkesy\u003c/em\u003e\u003c/strong\u003e \u003cstrong\u003e(2023)\u003c/strong\u003e. Filed significant \u003cem\u003eamicus curiae\u003c/em\u003e brief on behalf of the Pioneer Public Interest Law Center in major litigation involving constitutionality of the SEC's enforcement process.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eStirling v. Stokes\u003c/em\u003e (2023). \u003c/strong\u003eSuccessfully opposed petition for certiorari, preserving judgment in favor of habeas corpus in high-profile capital case.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eHedican v. Walmart Stores East \u003c/em\u003e(2022). \u003c/strong\u003eSuccessfully opposed petition for certiorari, preserving victory in U.S. Court of Appeals for the Seventh Circuit, in significant litigation involving the EEOC and attempts by a charging party to belatedly intervene in litigation.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBecerra v. Empire Health Foundation\u0026nbsp;\u003c/em\u003e(2021).\u0026nbsp;\u003c/strong\u003eRepresenting hospitals in significant healthcare dispute relating to calculation of payments to hospitals that treat a disproportionate share of low-income and indigent patients\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eWolfe v. Commonwealth of Virginia\u003c/em\u003e\u0026nbsp;(2019)\u003c/strong\u003e. Obtained summary reversal and remand to Virginia courts in connection with high-profile death penalty matter.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eElectric Power Supply Association v. FERC\u003c/em\u003e\u0026nbsp;(2016).\u003c/strong\u003e\u0026nbsp;Represented the Electric Power Supply Association in major litigation challenging the Federal Energy Regulatory Commission\u0026rsquo;s regulation of \u0026ldquo;demand response.\u0026rdquo;\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eAshley Furniture Industries, Inc. v. United States\u003c/em\u003e\u0026nbsp;(2014).\u003c/strong\u003e\u0026nbsp;Successfully opposed petition for\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003ecertiorari\u003c/em\u003e\u0026nbsp;filed in major trade remedy case involving First Amendment challenge to the Continued Dumping and Subsidy Offset Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eBond. v. United States\u003c/em\u003e\u0026nbsp;(2014).\u003c/strong\u003e\u0026nbsp;Secured victory in case addressing the federal government\u0026rsquo;s authority to prosecute a local offense under the Chemical Weapons Convention.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eUtility Air Regulatory Group v. EPA\u003c/em\u003e\u0026nbsp;(2014)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Filed\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003eamicus curiae\u003c/em\u003e\u0026nbsp;brief by a group of law professors, cited favorably by the Supreme Court for its \"felicitous\" explanation of arguments.\u003c/p\u003e","\u003cp\u003e\u003cem data-redactor-tag=\"em\"\u003e\u003cstrong data-redactor-tag=\"strong\"\u003ePPL Corporation v. Commissioner of Internal Revenue\u003c/strong\u003e\u003c/em\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003e(2013)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Obtain unanimous decision finding that a UK windfall tax was creditable for U.S. tax purposes.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003ePPL Montana v. Montana\u003c/em\u003e\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003e(2012)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Obtained unanimous decision reversing the Montana Supreme Court\u0026rsquo;s ruling that riverbed lands under the Upper Missouri, Clark Fork and Madison rivers are state-owned because they were purportedly navigable in 1889 when Montana joined the Union.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003ePublic Citizen, Inc. et al. v. United States\u003c/em\u003e\u0026nbsp;(2012)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented industry association in successfully opposing petition for\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003ecertiorari\u003c/em\u003e\u0026nbsp;filed by public interest groups and states challenging favorable decision upholding the federal market-based rate regime.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eBond v. United States\u003c/em\u003e\u0026nbsp;(2011)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Secured successful reversal in case confirming private-party standing to challenge federal prosecutions that exceed the treaty power under the Tenth Amendment.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003ePlata v. Coleman\u003c/em\u003e\u0026nbsp;(2011)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented a class of inmates suffering from mental illness and successfully defended order of three-judge panel requiring California to address its prison overcrowding crisis.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eHorne\u003c/em\u003e\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003ev. Flores\u003c/em\u003e\u0026nbsp;(2009)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented Arizona legislative leaders in education reform litigation, obtaining\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003ecertiorari\u003c/em\u003e\u0026nbsp;and successful reversal of a Ninth Circuit decision addressing the standards for modifying an injunction and the interplay between the Equal Education Opportunity Act and the No Child Left Behind Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eMassachusetts\u003c/em\u003e\u003c/strong\u003e\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003e\u003cstrong data-redactor-tag=\"strong\"\u003ev. EPA\u003c/strong\u003e\u003c/em\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003e(2007\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e).\u003c/strong\u003e\u0026nbsp;Prepared merits brief on behalf of the Alliance of Automobile Manufacturers addressing the authority of the Environmental Protection Agency to regulate greenhouse gas emissions.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eElk Grove School District v. Newdow\u003c/em\u003e\u0026nbsp;(2004)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented the mother of the minor child identified as the plaintiff in a successful defense of a challenge to the constitutionality of the Pledge of Allegiance.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eOther Appellate Matters and Strategic Ligitation Matters\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIberdola Energy Projects v. Oaktree Capital Management (N.Y. Supreme Court 2024)\u003c/em\u003e. \u003c/strong\u003ePrevailed in appeal dismissing complaint filed by contractor seeking to overcome non-recourse provision and re-litigate claims previously resolved through arbitration.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eAmericans for Beneficiary Choice v. HHS\u0026nbsp;\u003c/em\u003e(N.D. Tex. 2024)\u003c/strong\u003e. Part of team obtaining emergency stay of effective date challenging agency regulations seeking to change payment structure for administrative services provided in connection with Medicare Advantage enrollment.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eNextEra Energy Global Holdings B.V. v. Kingdom of Spain\u0026nbsp;\u003c/em\u003e(D.C. Cir. 2024)\u003c/strong\u003e. Part of successful team representing 9REN Holding in major international arbitration matter.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eMosaic Health Inc. v. Sanofi-Aventis U.S., LLC (W.D.N.Y 2024)\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e.\u0026nbsp;\u003c/em\u003eSuccessfully represented Novo Nordisk in obtaining dismissal of antitrust complaint challenging manufacturer policies regarding use of contract pharmacies under the federal 340B statute.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eUnited States ex rel. Adventist Health System / West v. AbbVie, Inc.\u0026nbsp;\u003c/em\u003e(C.D. Cal. 2024).\u0026nbsp;\u003c/strong\u003eSuccessfully obtained dismissal of False Claims Act case brought against manufacturers in connection with pricing under the federal 340B statute.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eRedes Andinas de Comunicaciones S.R.L. v. Republic of Peru\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e\u0026nbsp;(D.D.C. 2024)\u003c/strong\u003e. Successfully obtained enforcement of arbitral awards under New York Convention and entry of default judgment.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eDoe v. Becerra\u0026nbsp;\u003c/em\u003e(C.D. Cal. 2024)\u003c/strong\u003e. Represented the American Kidney Foundation in successful First Amendment challenge to California law (AB 290) seeking to interfere with charitable services provided to patients suffering from end-stage renal disease.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eSanofi Aventis U.S. LLC v. HHS\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e\u0026nbsp;\u003c/em\u003e\u003cstrong\u003e(3d Cir. 2023)\u003c/strong\u003e. Represented Novo Nordisk in successful appeal in major litigation under federal 340B statute relating to manufacturers' rights to impose reasonable conditions on when discounted drugs will be transferred to contract pharmacies.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eDoe v. Snap, Inc.\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e\u0026nbsp;(5th Cir. 2023).\u0026nbsp;\u003c/strong\u003ePrevailed in appeal affirming dismissal of claims seeking to hold Snap liable for third-party conduct based on section 230 of the Communications Decency Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eKhashoggi v. NSO Group Techologies Limited\u003c/em\u003e\u0026nbsp;(E.D. Va. 2023).\u0026nbsp;\u003c/strong\u003eObtained successful dismissal on personal jurisdiction grounds of litigation challenging use of cybersecurity software.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eAmerican Clinical Laboratory Association v. Becerra\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e\u0026nbsp;(D.C. Cir. 2022)\u003c/strong\u003e. Successfully represented trade association for the nation's laboratories regarding agency decision to exclude hospital-based outreach laboratories from reporting requirements under the Protecting Access to Medicare Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eEverport Terminal Services, Inc. v. NLRB\u003c/em\u003e\u0026nbsp;(D.C. Cir. 2022)\u003c/strong\u003e. Successful appeal challenging agency determinations over which union was entitled to represent mechanic workforce at terminal in Oakland, California.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIn re United States Pipe \u0026amp; Foundry Co.\u003c/em\u003e\u0026nbsp;(11th Cir. 2022)\u003c/strong\u003e. Successfully represented debtor in significant bankruptcy litigation addressing definition of \"claim\" under Bankruptcy Code and whether claims under the Coal Industry Retiree Health Benefit Act were discharged in Chapter 11 cas\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eR.J. Reynolds Tobacco Co. v. Estate of Konzelman\u003c/em\u003e\u0026nbsp;(Fla. Ct. App, 4th Dist. 2022)\u003c/strong\u003e. Successful appeal obtaining reversal and remand of punitive damages award.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eThomas \u0026amp; Betts Corp. v. Trinity Meyer Utility Structures, LLC\u003c/em\u003e\u0026nbsp;(2d Cir. 2021)\u003c/strong\u003e. Obtained favorable decision reversing trial court in significant construction contract dispute and allowing breach-of-contract claims to move forward.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eBethesda Health, Inc. v. Azar\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e\u0026nbsp;(D.C. Cir. 2021).\u0026nbsp;\u003c/strong\u003eSuccessfully represented the Florida Hospital Association and ten of its member hospitals in challenge to how CMS calculates Medicare reimbursement rates, paving the way for hospitals to gain millions of dollars in additional Medicare reimbursements.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBasic Capital Management, Inc. v. Dynex Capital, Inc.\u003c/em\u003e\u0026nbsp;(5th Cir. 2021).\u003c/strong\u003e\u0026nbsp;Successfully defended district court judgment, reaffirming important principles of res judicata law and preventing plaintiffs from reviving their time-barred lawsuit.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eCallinan v. Lexicon Pharmaceuticals, Inc.\u0026nbsp;\u003c/em\u003e(5th Cir. 2021).\u0026nbsp;\u003c/strong\u003eObtained favorable appellate court ruling dismissing major securities class action for failure to meet pleading requires under the securities law.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIn re Triangle Corp. Securities Litigation\u003c/em\u003e\u0026nbsp;(4th Cir. 2021)\u003c/strong\u003e. Obtain appellate decision dismissing securities fraud class action against Triangle Capital Corporation and certain of its officers and directors, reaffirming principle that speculative, hindsight pleadings are not permissible in cases alleging violations of the federal securities laws.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eStokes v. Stirling\u003c/em\u003e\u0026nbsp;(4th Cir. 2021)\u003c/strong\u003e. Obtained favorable ruling reversing district court, granting habeas petition, and remanding for issuance of a writ or resentencing.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eNawai Wardak Transp. Co. v. RMA Group Afghanistan Limited\u003c/em\u003e\u0026nbsp;(Mich. Ct. App. 2021)\u003c/strong\u003e. Obtained reversal of a trial court order dismissing claims for lack of personal jurisdiction, permitting case to proceed on merits in Michigan trial court.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eWojcicki v. SCANA/SCE\u0026amp;G\u0026nbsp;\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e(4th Cir. 2020).\u0026nbsp;\u003c/strong\u003eObtained favorable decision affirming that relators cannot proceed\u0026nbsp;\u003cem\u003epro se\u0026nbsp;\u003c/em\u003ewhen bringing a False Claims Act lawsuit.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eAmerican Clinical Laboratory Association v. Azar\u0026nbsp;\u003c/em\u003e(D.C. Cir. 2019).\u0026nbsp;\u003c/strong\u003eObtained favorable jurisdictional ruling, reversing district court and holding that judicial review bar does not apply to challenge to CMS's failure to comply with the data collection requirements of the Protecting Access to Medicare Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eKapila v. Grant Thornton, LLP\u003c/em\u003e\u0026nbsp;(11th Cir. 2019)\u003c/strong\u003e. Obtained favorable decision affirming district court's decision granting judgment in Grant Thornton's favor based on common law\u0026nbsp;\u003cem\u003ein pari delicto\u0026nbsp;\u003c/em\u003edoctrine.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eAlvarez v. The Johns Hopkins University, et al.\u0026nbsp;\u003c/em\u003e(D. Md. 2019)\u003c/strong\u003e\u0026nbsp;Served as lead appellate lawyer and brief writer in major litigation seeking to hold Bristol Myers Squibb and other defendants liable for medical research experiments conducted in Guatemala between 1946 and 1948. Successful obtained voluntary dismissal with prejudice.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eMalek v. Blackmer Pump\u003c/em\u003e\u003c/strong\u003e\u0026nbsp;\u003cstrong\u003e(Cal. Ct. App. 2019).\u0026nbsp;\u003c/strong\u003eObtained favorable ruling affirming grant of summary judgment in litigation arising out of Iranian refinery workers' exposure to asbestos in the 1950s through the 1970s.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eBoard of Comm\u0026rsquo;rs of the Southeast La. Flood Prot. Auth., et al. v. Tennessee Gas Pipeline Co.\u003c/em\u003e\u0026nbsp;(5th Cir. 2017)\u003c/strong\u003e. Served as lead appellate lawyer representing Chevron Corporation on appeal, defending dismissal of litigation brought by a local levee board seeking to hold the oil and gas industry liable for coastal land loss.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eRozema v. U.S. Dept. of Health \u0026amp; Human Servs.\u003c/em\u003e\u0026nbsp;(2d Cir. 2017).\u003c/strong\u003e\u0026nbsp;Served as lead appellate lawyer representing R.J. Reynolds Tobacco Company in successful defense of decision dismissing action seeking to compel the release of confidential and trade secret information.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eBenton County Wind Farm LLC v. Duke Energy Indiana, Inc.\u003c/em\u003e\u0026nbsp;(7th Cir. 2016)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented wind farm in successful appeal reversing district court decision concerning contractual obligation of utility to purchase wind farm's output under long-term contract.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eDelaware Dept. of Natural Res. \u0026amp; Envtl Control v. EPA\u003c/em\u003e\u0026nbsp;(D.C. Cir. 2015)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Served as counsel of record for the Electric Power Supply Association in a successful challenge to the EPA\u0026rsquo;s final rule exempting backup, diesel-fueled generators from emissions controls.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eFrank v. Fuhrer Wholesale Co. v. MillerCoors LLC, et al.\u003c/em\u003e\u0026nbsp;(3d Cir. 2015)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Served as lead appellate counsel in successful appeal defending district court judgment in a contract dispute between MillerCoors and one of its largest distributors.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eU.S. ex rel. Michael Keeler v. Eisai Inc.\u003c/em\u003e\u0026nbsp;(11th Cir. 2014)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Successfully represented pharmaceutical manufacturer in appeal defending dismissal of\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003equi tam\u003c/em\u003e\u0026nbsp;lawsuit.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eExelon Wind 1, LLC v. Nelson\u003c/em\u003e\u0026nbsp;(5th Cir. 2014).\u003c/strong\u003e\u0026nbsp;Represented major energy company in successful appeal challenging order striking down the Texas Public Utilities Commission\u0026rsquo;s interpretation of statutory scheme governing the purchase of energy between public utilities and qualifying facilities.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eWest Deptford Energy, LLC v. FERC\u003c/em\u003e\u0026nbsp;(D.C. Cir. 2014)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Successfully represented petitioner in appeal challenging agency orders that failed to comply with file rate doctrine.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eSouth Carolina Public Service Authority v\u003c/em\u003e.\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003eFERC\u003c/em\u003e\u0026nbsp;(D.C. Cir. 2014)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented LS Power in successful defense of agency decision regarding rights of first refusal in Order 1000 rulemaking.\u003c/p\u003e"],"recognitions":[{"title":"Nationwide Appellate Law","detail":"Chambers \u0026 Partners"},{"title":"Supreme Court \u0026 Appellate","detail":"Legal 500"},{"title":"500 Leading Litigators","detail":"Lawdragon"},{"title":"Washington D.C. Super Lawyer","detail":"Super Lawyers"},{"title":"One of “the top handful of lawyers in America” who have had remarkable success before the U.S. Supreme Court.","detail":"Reuters, 2014"},{"title":"A Rising Star (one of five appellate lawyers nationwide) ","detail":"Law360, 2012"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":7427}]},"capability_group_id":3},"created_at":"2025-05-26T04:51:27.000Z","updated_at":"2025-05-26T04:51:27.000Z","searchable_text":"Parrish{{ FIELD }}{:title=\u0026gt;\"Nationwide Appellate Law\", :detail=\u0026gt;\"Chambers \u0026amp; Partners\"}{{ FIELD }}{:title=\u0026gt;\"Supreme Court \u0026amp; Appellate\", :detail=\u0026gt;\"Legal 500\"}{{ FIELD }}{:title=\u0026gt;\"500 Leading Litigators\", :detail=\u0026gt;\"Lawdragon\"}{{ FIELD }}{:title=\u0026gt;\"Washington D.C. Super Lawyer\", :detail=\u0026gt;\"Super Lawyers\"}{{ FIELD }}{:title=\u0026gt;\"One of “the top handful of lawyers in America” who have had remarkable success before the U.S. Supreme Court.\", :detail=\u0026gt;\"Reuters, 2014\"}{{ FIELD }}{:title=\u0026gt;\"A Rising Star (one of five appellate lawyers nationwide) \", :detail=\u0026gt;\"Law360, 2012\"}{{ FIELD }}U.S. Supreme Court Matters\nDoe v. Snap, Inc. (2024). Successfully opposed petition for certiorari in major litigation relating to internet service provider liability for third party conduct under section 230 of the Communications Decency Act, preserving victory before the U.S. Court of Appeals for the Fifth Circuit.{{ FIELD }}Trustees of the United Mine Workers of Am. Combined Benefit Fund v. United States Pipe \u0026amp; Foundry Co. (2023). Successfully defeated petition for certiorari, preserving victory in U.S. Court of Appeals for the Eleventh Circuit, in major bankruptcy litigation relating to claims filed under the Coal Industry Retiree Health Benefit Act of 1993.{{ FIELD }}SEC v. Jarkesy (2023). Filed significant amicus curiae brief on behalf of the Pioneer Public Interest Law Center in major litigation involving constitutionality of the SEC's enforcement process.{{ FIELD }}Stirling v. Stokes (2023). Successfully opposed petition for certiorari, preserving judgment in favor of habeas corpus in high-profile capital case.{{ FIELD }}Hedican v. Walmart Stores East (2022). Successfully opposed petition for certiorari, preserving victory in U.S. Court of Appeals for the Seventh Circuit, in significant litigation involving the EEOC and attempts by a charging party to belatedly intervene in litigation.{{ FIELD }}Becerra v. Empire Health Foundation (2021). Representing hospitals in significant healthcare dispute relating to calculation of payments to hospitals that treat a disproportionate share of low-income and indigent patients{{ FIELD }}Wolfe v. Commonwealth of Virginia (2019). Obtained summary reversal and remand to Virginia courts in connection with high-profile death penalty matter.{{ FIELD }}Electric Power Supply Association v. FERC (2016). Represented the Electric Power Supply Association in major litigation challenging the Federal Energy Regulatory Commission’s regulation of “demand response.”{{ FIELD }}Ashley Furniture Industries, Inc. v. United States (2014). Successfully opposed petition for certiorari filed in major trade remedy case involving First Amendment challenge to the Continued Dumping and Subsidy Offset Act.{{ FIELD }}Bond. v. United States (2014). Secured victory in case addressing the federal government’s authority to prosecute a local offense under the Chemical Weapons Convention.{{ FIELD }}Utility Air Regulatory Group v. EPA (2014). Filed amicus curiae brief by a group of law professors, cited favorably by the Supreme Court for its \"felicitous\" explanation of arguments.{{ FIELD }}PPL Corporation v. Commissioner of Internal Revenue (2013). Obtain unanimous decision finding that a UK windfall tax was creditable for U.S. tax purposes.{{ FIELD }}PPL Montana v. Montana (2012). Obtained unanimous decision reversing the Montana Supreme Court’s ruling that riverbed lands under the Upper Missouri, Clark Fork and Madison rivers are state-owned because they were purportedly navigable in 1889 when Montana joined the Union.{{ FIELD }}Public Citizen, Inc. et al. v. United States (2012). Represented industry association in successfully opposing petition for certiorari filed by public interest groups and states challenging favorable decision upholding the federal market-based rate regime.{{ FIELD }}Bond v. United States (2011). Secured successful reversal in case confirming private-party standing to challenge federal prosecutions that exceed the treaty power under the Tenth Amendment.{{ FIELD }}Plata v. Coleman (2011). Represented a class of inmates suffering from mental illness and successfully defended order of three-judge panel requiring California to address its prison overcrowding crisis.{{ FIELD }}Horne v. Flores (2009). Represented Arizona legislative leaders in education reform litigation, obtaining certiorari and successful reversal of a Ninth Circuit decision addressing the standards for modifying an injunction and the interplay between the Equal Education Opportunity Act and the No Child Left Behind Act.{{ FIELD }}Massachusetts v. EPA (2007). Prepared merits brief on behalf of the Alliance of Automobile Manufacturers addressing the authority of the Environmental Protection Agency to regulate greenhouse gas emissions.{{ FIELD }}Elk Grove School District v. Newdow (2004). Represented the mother of the minor child identified as the plaintiff in a successful defense of a challenge to the constitutionality of the Pledge of Allegiance.{{ FIELD }}Other Appellate Matters and Strategic Ligitation Matters\nIberdola Energy Projects v. Oaktree Capital Management (N.Y. Supreme Court 2024). Prevailed in appeal dismissing complaint filed by contractor seeking to overcome non-recourse provision and re-litigate claims previously resolved through arbitration.{{ FIELD }}Americans for Beneficiary Choice v. HHS (N.D. Tex. 2024). Part of team obtaining emergency stay of effective date challenging agency regulations seeking to change payment structure for administrative services provided in connection with Medicare Advantage enrollment.{{ FIELD }}NextEra Energy Global Holdings B.V. v. Kingdom of Spain (D.C. Cir. 2024). Part of successful team representing 9REN Holding in major international arbitration matter.{{ FIELD }}Mosaic Health Inc. v. Sanofi-Aventis U.S., LLC (W.D.N.Y 2024). Successfully represented Novo Nordisk in obtaining dismissal of antitrust complaint challenging manufacturer policies regarding use of contract pharmacies under the federal 340B statute.{{ FIELD }}United States ex rel. Adventist Health System / West v. AbbVie, Inc. (C.D. Cal. 2024). Successfully obtained dismissal of False Claims Act case brought against manufacturers in connection with pricing under the federal 340B statute.{{ FIELD }}Redes Andinas de Comunicaciones S.R.L. v. Republic of Peru (D.D.C. 2024). Successfully obtained enforcement of arbitral awards under New York Convention and entry of default judgment.{{ FIELD }}Doe v. Becerra (C.D. Cal. 2024). Represented the American Kidney Foundation in successful First Amendment challenge to California law (AB 290) seeking to interfere with charitable services provided to patients suffering from end-stage renal disease.{{ FIELD }}Sanofi Aventis U.S. LLC v. HHS (3d Cir. 2023). Represented Novo Nordisk in successful appeal in major litigation under federal 340B statute relating to manufacturers' rights to impose reasonable conditions on when discounted drugs will be transferred to contract pharmacies.{{ FIELD }}Doe v. Snap, Inc. (5th Cir. 2023). Prevailed in appeal affirming dismissal of claims seeking to hold Snap liable for third-party conduct based on section 230 of the Communications Decency Act.{{ FIELD }}Khashoggi v. NSO Group Techologies Limited (E.D. Va. 2023). Obtained successful dismissal on personal jurisdiction grounds of litigation challenging use of cybersecurity software.{{ FIELD }}American Clinical Laboratory Association v. Becerra (D.C. Cir. 2022). Successfully represented trade association for the nation's laboratories regarding agency decision to exclude hospital-based outreach laboratories from reporting requirements under the Protecting Access to Medicare Act.{{ FIELD }}Everport Terminal Services, Inc. v. NLRB (D.C. Cir. 2022). Successful appeal challenging agency determinations over which union was entitled to represent mechanic workforce at terminal in Oakland, California.{{ FIELD }}In re United States Pipe \u0026amp; Foundry Co. (11th Cir. 2022). Successfully represented debtor in significant bankruptcy litigation addressing definition of \"claim\" under Bankruptcy Code and whether claims under the Coal Industry Retiree Health Benefit Act were discharged in Chapter 11 cas{{ FIELD }}R.J. Reynolds Tobacco Co. v. Estate of Konzelman (Fla. Ct. App, 4th Dist. 2022). Successful appeal obtaining reversal and remand of punitive damages award.{{ FIELD }}Thomas \u0026amp; Betts Corp. v. Trinity Meyer Utility Structures, LLC (2d Cir. 2021). Obtained favorable decision reversing trial court in significant construction contract dispute and allowing breach-of-contract claims to move forward.{{ FIELD }}Bethesda Health, Inc. v. Azar (D.C. Cir. 2021). Successfully represented the Florida Hospital Association and ten of its member hospitals in challenge to how CMS calculates Medicare reimbursement rates, paving the way for hospitals to gain millions of dollars in additional Medicare reimbursements.{{ FIELD }}Basic Capital Management, Inc. v. Dynex Capital, Inc. (5th Cir. 2021). Successfully defended district court judgment, reaffirming important principles of res judicata law and preventing plaintiffs from reviving their time-barred lawsuit.{{ FIELD }}Callinan v. Lexicon Pharmaceuticals, Inc. (5th Cir. 2021). Obtained favorable appellate court ruling dismissing major securities class action for failure to meet pleading requires under the securities law.{{ FIELD }}In re Triangle Corp. Securities Litigation (4th Cir. 2021). Obtain appellate decision dismissing securities fraud class action against Triangle Capital Corporation and certain of its officers and directors, reaffirming principle that speculative, hindsight pleadings are not permissible in cases alleging violations of the federal securities laws.{{ FIELD }}Stokes v. Stirling (4th Cir. 2021). Obtained favorable ruling reversing district court, granting habeas petition, and remanding for issuance of a writ or resentencing.{{ FIELD }}Nawai Wardak Transp. Co. v. RMA Group Afghanistan Limited (Mich. Ct. App. 2021). Obtained reversal of a trial court order dismissing claims for lack of personal jurisdiction, permitting case to proceed on merits in Michigan trial court.{{ FIELD }}Wojcicki v. SCANA/SCE\u0026amp;G (4th Cir. 2020). Obtained favorable decision affirming that relators cannot proceed pro se when bringing a False Claims Act lawsuit.{{ FIELD }}American Clinical Laboratory Association v. Azar (D.C. Cir. 2019). Obtained favorable jurisdictional ruling, reversing district court and holding that judicial review bar does not apply to challenge to CMS's failure to comply with the data collection requirements of the Protecting Access to Medicare Act.{{ FIELD }}Kapila v. Grant Thornton, LLP (11th Cir. 2019). Obtained favorable decision affirming district court's decision granting judgment in Grant Thornton's favor based on common law in pari delicto doctrine.{{ FIELD }}Alvarez v. The Johns Hopkins University, et al. (D. Md. 2019) Served as lead appellate lawyer and brief writer in major litigation seeking to hold Bristol Myers Squibb and other defendants liable for medical research experiments conducted in Guatemala between 1946 and 1948. Successful obtained voluntary dismissal with prejudice.{{ FIELD }}Malek v. Blackmer Pump (Cal. Ct. App. 2019). Obtained favorable ruling affirming grant of summary judgment in litigation arising out of Iranian refinery workers' exposure to asbestos in the 1950s through the 1970s.{{ FIELD }}Board of Comm’rs of the Southeast La. Flood Prot. Auth., et al. v. Tennessee Gas Pipeline Co. (5th Cir. 2017). Served as lead appellate lawyer representing Chevron Corporation on appeal, defending dismissal of litigation brought by a local levee board seeking to hold the oil and gas industry liable for coastal land loss.{{ FIELD }}Rozema v. U.S. Dept. of Health \u0026amp; Human Servs. (2d Cir. 2017). Served as lead appellate lawyer representing R.J. Reynolds Tobacco Company in successful defense of decision dismissing action seeking to compel the release of confidential and trade secret information.{{ FIELD }}Benton County Wind Farm LLC v. Duke Energy Indiana, Inc. (7th Cir. 2016). Represented wind farm in successful appeal reversing district court decision concerning contractual obligation of utility to purchase wind farm's output under long-term contract.{{ FIELD }}Delaware Dept. of Natural Res. \u0026amp; Envtl Control v. EPA (D.C. Cir. 2015). Served as counsel of record for the Electric Power Supply Association in a successful challenge to the EPA’s final rule exempting backup, diesel-fueled generators from emissions controls.{{ FIELD }}Frank v. Fuhrer Wholesale Co. v. MillerCoors LLC, et al. (3d Cir. 2015). Served as lead appellate counsel in successful appeal defending district court judgment in a contract dispute between MillerCoors and one of its largest distributors.{{ FIELD }}U.S. ex rel. Michael Keeler v. Eisai Inc. (11th Cir. 2014). Successfully represented pharmaceutical manufacturer in appeal defending dismissal of qui tam lawsuit.{{ FIELD }}Exelon Wind 1, LLC v. Nelson (5th Cir. 2014). Represented major energy company in successful appeal challenging order striking down the Texas Public Utilities Commission’s interpretation of statutory scheme governing the purchase of energy between public utilities and qualifying facilities.{{ FIELD }}West Deptford Energy, LLC v. FERC (D.C. Cir. 2014). Successfully represented petitioner in appeal challenging agency orders that failed to comply with file rate doctrine.{{ FIELD }}South Carolina Public Service Authority v. FERC (D.C. Cir. 2014). Represented LS Power in successful defense of agency decision regarding rights of first refusal in Order 1000 rulemaking.{{ FIELD }}Ashley Parrish is one of the partners that leads the firm’s Appellate, Constitutional and Administrative Law practice. He focuses his practice on appellate, administrative, and constitutional law, and on strategic, complex litigation. He  has significant experience handling administrative law cases in litigation against federal and state government agencies.\nAshley regularly advises clients in strategic litigation matters, as well as in federal administrative law and practice. He is experienced in numerous areas, including energy, life sciences, healthcare, labor, products liability, international trade, environmental, and bankruptcy. Ashley has handled appeals and complex litigation matters in courts across the country, including significant matters before the U.S. Supreme Court, almost all of the federal courts of appeal, and a variety of state appellate courts.\nA frequent author and speaker, Ashley has been recognized for his skill as an appellate lawyer. He has been ranked by Chambers USA, recommended by Legal 500, listed as a Washington D.C. Super Lawyer, and selected by Lawdragon as one of the nation's leading litigators. In 2012, he was one of only five appellate lawyers nationwide to be recognized as a Law360 Rising Star. And in 2014, he was identified by Reuters as one of “the top handful of lawyers in America” who have had remarkable success before the U.S. Supreme Court. Ashley C Parrish Partner Nationwide Appellate Law Chambers \u0026amp; Partners Supreme Court \u0026amp; Appellate Legal 500 500 Leading Litigators Lawdragon Washington D.C. Super Lawyer Super Lawyers One of “the top handful of lawyers in America” who have had remarkable success before the U.S. Supreme Court. Reuters, 2014 A Rising Star (one of five appellate lawyers nationwide)  Law360, 2012 University of Washington-Seattle Campus University of Washington School of Law University of Washington-Seattle Campus University of Washington School of Law University of Chicago University of Chicago Law School U.S. Court of Appeals for the Federal Circuit Supreme Court of the United States U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Third Circuit U.S. Court of Appeals for the Fourth Circuit U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Seventh Circuit U.S. Court of Appeals for the Eighth Circuit U.S. Court of Appeals for the Ninth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. Court of Appeals for the D.C. Circuit U.S. Court of Federal Claims U.S. District Court for the Eastern District of Virginia U.S. District Court for the District of Columbia District of Columbia Virginia Law Clerk, Hon. Emilio M. Garza, U.S. Court of Appeals for the Fifth Circuit U.S. Supreme Court Matters\nDoe v. Snap, Inc. (2024). Successfully opposed petition for certiorari in major litigation relating to internet service provider liability for third party conduct under section 230 of the Communications Decency Act, preserving victory before the U.S. Court of Appeals for the Fifth Circuit. Trustees of the United Mine Workers of Am. Combined Benefit Fund v. United States Pipe \u0026amp; Foundry Co. (2023). Successfully defeated petition for certiorari, preserving victory in U.S. Court of Appeals for the Eleventh Circuit, in major bankruptcy litigation relating to claims filed under the Coal Industry Retiree Health Benefit Act of 1993. SEC v. Jarkesy (2023). Filed significant amicus curiae brief on behalf of the Pioneer Public Interest Law Center in major litigation involving constitutionality of the SEC's enforcement process. Stirling v. Stokes (2023). Successfully opposed petition for certiorari, preserving judgment in favor of habeas corpus in high-profile capital case. Hedican v. Walmart Stores East (2022). Successfully opposed petition for certiorari, preserving victory in U.S. Court of Appeals for the Seventh Circuit, in significant litigation involving the EEOC and attempts by a charging party to belatedly intervene in litigation. Becerra v. Empire Health Foundation (2021). Representing hospitals in significant healthcare dispute relating to calculation of payments to hospitals that treat a disproportionate share of low-income and indigent patients Wolfe v. Commonwealth of Virginia (2019). Obtained summary reversal and remand to Virginia courts in connection with high-profile death penalty matter. Electric Power Supply Association v. FERC (2016). Represented the Electric Power Supply Association in major litigation challenging the Federal Energy Regulatory Commission’s regulation of “demand response.” Ashley Furniture Industries, Inc. v. United States (2014). Successfully opposed petition for certiorari filed in major trade remedy case involving First Amendment challenge to the Continued Dumping and Subsidy Offset Act. Bond. v. United States (2014). Secured victory in case addressing the federal government’s authority to prosecute a local offense under the Chemical Weapons Convention. Utility Air Regulatory Group v. EPA (2014). Filed amicus curiae brief by a group of law professors, cited favorably by the Supreme Court for its \"felicitous\" explanation of arguments. PPL Corporation v. Commissioner of Internal Revenue (2013). Obtain unanimous decision finding that a UK windfall tax was creditable for U.S. tax purposes. PPL Montana v. Montana (2012). Obtained unanimous decision reversing the Montana Supreme Court’s ruling that riverbed lands under the Upper Missouri, Clark Fork and Madison rivers are state-owned because they were purportedly navigable in 1889 when Montana joined the Union. Public Citizen, Inc. et al. v. United States (2012). Represented industry association in successfully opposing petition for certiorari filed by public interest groups and states challenging favorable decision upholding the federal market-based rate regime. Bond v. United States (2011). Secured successful reversal in case confirming private-party standing to challenge federal prosecutions that exceed the treaty power under the Tenth Amendment. Plata v. Coleman (2011). Represented a class of inmates suffering from mental illness and successfully defended order of three-judge panel requiring California to address its prison overcrowding crisis. Horne v. Flores (2009). Represented Arizona legislative leaders in education reform litigation, obtaining certiorari and successful reversal of a Ninth Circuit decision addressing the standards for modifying an injunction and the interplay between the Equal Education Opportunity Act and the No Child Left Behind Act. Massachusetts v. EPA (2007). Prepared merits brief on behalf of the Alliance of Automobile Manufacturers addressing the authority of the Environmental Protection Agency to regulate greenhouse gas emissions. Elk Grove School District v. Newdow (2004). Represented the mother of the minor child identified as the plaintiff in a successful defense of a challenge to the constitutionality of the Pledge of Allegiance. Other Appellate Matters and Strategic Ligitation Matters\nIberdola Energy Projects v. Oaktree Capital Management (N.Y. Supreme Court 2024). Prevailed in appeal dismissing complaint filed by contractor seeking to overcome non-recourse provision and re-litigate claims previously resolved through arbitration. Americans for Beneficiary Choice v. HHS (N.D. Tex. 2024). Part of team obtaining emergency stay of effective date challenging agency regulations seeking to change payment structure for administrative services provided in connection with Medicare Advantage enrollment. NextEra Energy Global Holdings B.V. v. Kingdom of Spain (D.C. Cir. 2024). Part of successful team representing 9REN Holding in major international arbitration matter. Mosaic Health Inc. v. Sanofi-Aventis U.S., LLC (W.D.N.Y 2024). Successfully represented Novo Nordisk in obtaining dismissal of antitrust complaint challenging manufacturer policies regarding use of contract pharmacies under the federal 340B statute. United States ex rel. Adventist Health System / West v. AbbVie, Inc. (C.D. Cal. 2024). Successfully obtained dismissal of False Claims Act case brought against manufacturers in connection with pricing under the federal 340B statute. Redes Andinas de Comunicaciones S.R.L. v. Republic of Peru (D.D.C. 2024). Successfully obtained enforcement of arbitral awards under New York Convention and entry of default judgment. Doe v. Becerra (C.D. Cal. 2024). Represented the American Kidney Foundation in successful First Amendment challenge to California law (AB 290) seeking to interfere with charitable services provided to patients suffering from end-stage renal disease. Sanofi Aventis U.S. LLC v. HHS (3d Cir. 2023). Represented Novo Nordisk in successful appeal in major litigation under federal 340B statute relating to manufacturers' rights to impose reasonable conditions on when discounted drugs will be transferred to contract pharmacies. Doe v. Snap, Inc. (5th Cir. 2023). Prevailed in appeal affirming dismissal of claims seeking to hold Snap liable for third-party conduct based on section 230 of the Communications Decency Act. Khashoggi v. NSO Group Techologies Limited (E.D. Va. 2023). Obtained successful dismissal on personal jurisdiction grounds of litigation challenging use of cybersecurity software. American Clinical Laboratory Association v. Becerra (D.C. Cir. 2022). Successfully represented trade association for the nation's laboratories regarding agency decision to exclude hospital-based outreach laboratories from reporting requirements under the Protecting Access to Medicare Act. Everport Terminal Services, Inc. v. NLRB (D.C. Cir. 2022). Successful appeal challenging agency determinations over which union was entitled to represent mechanic workforce at terminal in Oakland, California. In re United States Pipe \u0026amp; Foundry Co. (11th Cir. 2022). Successfully represented debtor in significant bankruptcy litigation addressing definition of \"claim\" under Bankruptcy Code and whether claims under the Coal Industry Retiree Health Benefit Act were discharged in Chapter 11 cas R.J. Reynolds Tobacco Co. v. Estate of Konzelman (Fla. Ct. App, 4th Dist. 2022). Successful appeal obtaining reversal and remand of punitive damages award. Thomas \u0026amp; Betts Corp. v. Trinity Meyer Utility Structures, LLC (2d Cir. 2021). Obtained favorable decision reversing trial court in significant construction contract dispute and allowing breach-of-contract claims to move forward. Bethesda Health, Inc. v. Azar (D.C. Cir. 2021). Successfully represented the Florida Hospital Association and ten of its member hospitals in challenge to how CMS calculates Medicare reimbursement rates, paving the way for hospitals to gain millions of dollars in additional Medicare reimbursements. Basic Capital Management, Inc. v. Dynex Capital, Inc. (5th Cir. 2021). Successfully defended district court judgment, reaffirming important principles of res judicata law and preventing plaintiffs from reviving their time-barred lawsuit. Callinan v. Lexicon Pharmaceuticals, Inc. (5th Cir. 2021). Obtained favorable appellate court ruling dismissing major securities class action for failure to meet pleading requires under the securities law. In re Triangle Corp. Securities Litigation (4th Cir. 2021). Obtain appellate decision dismissing securities fraud class action against Triangle Capital Corporation and certain of its officers and directors, reaffirming principle that speculative, hindsight pleadings are not permissible in cases alleging violations of the federal securities laws. Stokes v. Stirling (4th Cir. 2021). Obtained favorable ruling reversing district court, granting habeas petition, and remanding for issuance of a writ or resentencing. Nawai Wardak Transp. Co. v. RMA Group Afghanistan Limited (Mich. Ct. App. 2021). Obtained reversal of a trial court order dismissing claims for lack of personal jurisdiction, permitting case to proceed on merits in Michigan trial court. Wojcicki v. SCANA/SCE\u0026amp;G (4th Cir. 2020). Obtained favorable decision affirming that relators cannot proceed pro se when bringing a False Claims Act lawsuit. American Clinical Laboratory Association v. Azar (D.C. Cir. 2019). Obtained favorable jurisdictional ruling, reversing district court and holding that judicial review bar does not apply to challenge to CMS's failure to comply with the data collection requirements of the Protecting Access to Medicare Act. Kapila v. Grant Thornton, LLP (11th Cir. 2019). Obtained favorable decision affirming district court's decision granting judgment in Grant Thornton's favor based on common law in pari delicto doctrine. Alvarez v. The Johns Hopkins University, et al. (D. Md. 2019) Served as lead appellate lawyer and brief writer in major litigation seeking to hold Bristol Myers Squibb and other defendants liable for medical research experiments conducted in Guatemala between 1946 and 1948. Successful obtained voluntary dismissal with prejudice. Malek v. Blackmer Pump (Cal. Ct. App. 2019). Obtained favorable ruling affirming grant of summary judgment in litigation arising out of Iranian refinery workers' exposure to asbestos in the 1950s through the 1970s. Board of Comm’rs of the Southeast La. Flood Prot. Auth., et al. v. Tennessee Gas Pipeline Co. (5th Cir. 2017). Served as lead appellate lawyer representing Chevron Corporation on appeal, defending dismissal of litigation brought by a local levee board seeking to hold the oil and gas industry liable for coastal land loss. Rozema v. U.S. Dept. of Health \u0026amp; Human Servs. (2d Cir. 2017). Served as lead appellate lawyer representing R.J. Reynolds Tobacco Company in successful defense of decision dismissing action seeking to compel the release of confidential and trade secret information. Benton County Wind Farm LLC v. Duke Energy Indiana, Inc. (7th Cir. 2016). Represented wind farm in successful appeal reversing district court decision concerning contractual obligation of utility to purchase wind farm's output under long-term contract. Delaware Dept. of Natural Res. \u0026amp; Envtl Control v. EPA (D.C. Cir. 2015). Served as counsel of record for the Electric Power Supply Association in a successful challenge to the EPA’s final rule exempting backup, diesel-fueled generators from emissions controls. Frank v. Fuhrer Wholesale Co. v. MillerCoors LLC, et al. (3d Cir. 2015). Served as lead appellate counsel in successful appeal defending district court judgment in a contract dispute between MillerCoors and one of its largest distributors. U.S. ex rel. Michael Keeler v. Eisai Inc. (11th Cir. 2014). Successfully represented pharmaceutical manufacturer in appeal defending dismissal of qui tam lawsuit. Exelon Wind 1, LLC v. Nelson (5th Cir. 2014). Represented major energy company in successful appeal challenging order striking down the Texas Public Utilities Commission’s interpretation of statutory scheme governing the purchase of energy between public utilities and qualifying facilities. West Deptford Energy, LLC v. FERC (D.C. Cir. 2014). Successfully represented petitioner in appeal challenging agency orders that failed to comply with file rate doctrine. South Carolina Public Service Authority v. FERC (D.C. Cir. 2014). Represented LS Power in successful defense of agency decision regarding rights of first refusal in Order 1000 rulemaking.","searchable_name":"Ashley C. Parrish","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":442366,"version":1,"owner_type":"Person","owner_id":878,"payload":{"bio":"\u003cp\u003eMichael Pauz\u0026eacute; defends clients in high-stakes government investigations, enforcement proceedings, and parallel civil litigation. A former federal prosecutor, Michael regularly represents accounting and financial services firms, life sciences companies, and their boards and professionals in sensitive investigations.\u0026nbsp; Michael recently was selected by\u0026nbsp;national legal periodicals as among the Top 100 Trial Lawyers in America\u0026nbsp;and MVP of the Year for white-collar criminal defense, recognizing him as among an \"the best in breed for the coveted and in-demand, yet increasingly rare, art of trial law\"\u0026nbsp;with \"hard-earned success in high-stakes litigation.\u0026rdquo;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eMichael's practice focuses on regulatory and financial investigations by U.S. law enforcement agencies, such as the U.S. Department of Justice, U.S. Attorneys' Offices, the Federal Bureau of Investigation, and the Internal Revenue Service; U.S. regulatory agencies, including the Public Company Accounting Oversight Board, the Securities and Exchange Commission, the Food \u0026amp; Drug Administration, and the Commodity Futures Trading Commission; as well as congressional subcommittees.\u003c/p\u003e\n\u003cp\u003eMichael has considerable experience representing accounting firms in regulatory and congressional investigations, as well as securities litigation. He has represented firms on three continents in U.S. and cross-border regulatory investigations, quietly resolving more than two dozen SEC, PCAOB and CFTC investigations with no enforcement action.\u003c/p\u003e\n\u003cp\u003eMichael also represents life science companies in investigations of anti-kickback, off-label promotion and false claims matters. He served as lead trial counsel for Vascular Solutions, Inc., a publicly traded medical device company, in a groundbreaking federal criminal trial involving off-label promotion charges. After a five-year investigation and a three-week trial, the Texas jury acquitted the company and its CEO of all charges. The CEO observed that Michael \u0026ldquo;personally shouldered the stakes and injustice with tireless grace.\u0026rdquo;\u003c/p\u003e\n\u003cp\u003eMichael is a trial lawyer, having served as lead counsel in trials across the country. For 2018 and 2019, Benchmark Litigation ranked Michael as among the Top 100 Trial Lawyers in America, an \u0026ldquo;elite group of practitioners\u0026rdquo; who \u0026nbsp;\u0026ldquo;were recognized as\u0026nbsp;the best in breed for\u0026nbsp;the coveted and in-demand, yet increasingly rare, art of trial law based upon peer and client review as well as these attorneys'\u0026nbsp;lead role in spearheading some of the most high-stakes and high-profile cases to make their way to the trial level.\u0026rdquo;\u0026nbsp; Michael brings to bear over two decades of experience, including a dozen years trying cases for the Justice Department. As a Deputy Chief and Assistant U.S. Attorney, and trial attorney with the Enron Task Force, he supervised and personally conducted hundreds of investigations, and served as lead trial counsel in 16 federal jury trials involving regulatory, tax, financial and other offenses.\u003c/p\u003e","slug":"michael-pauze","email":"mpauze@kslaw.com","phone":null,"matters":["\u003cp\u003eSecured across-the-board acquittal for \u003cstrong data-redactor-tag=\"strong\"\u003eVascular Solutions, Inc.\u003c/strong\u003e in enterprise-threatening off-label-promotion charges in a federal criminal trial in Texas.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong data-redactor-tag=\"strong\"\u003ePricewaterhouseCoopers\u003c/strong\u003e in a hearing by the Senate Permanent Subcommittee on Investigations regarding tax strategy by Fortune 50 manufacturing icon Caterpillar, Inc.\u003c/p\u003e","\u003cp\u003eCo-lead counsel for \u003cstrong data-redactor-tag=\"strong\"\u003ePricewaterhouseCoopers\u003c/strong\u003e \u003cstrong data-redactor-tag=\"strong\"\u003eBrazil\u003c/strong\u003e in the \u003cem data-redactor-tag=\"em\"\u003ePetrobras Securities Litigation\u003c/em\u003e, securing dismissal of securities fraud claims against auditor stemming from allegations of billions of dollars in corrupt payments for contacts with the Brazilian energy giant.\u003c/p\u003e","\u003cp\u003eRepresented global financial institution \u003cstrong data-redactor-tag=\"strong\"\u003eCredit Suisse AG\u003c/strong\u003e in one of the most significant criminal tax investigations ever conducted by the DOJ.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":19,"guid":"19.capabilities","index":0,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":1,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":2,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":3,"source":"capabilities"},{"id":18,"guid":"18.capabilities","index":4,"source":"capabilities"},{"id":20,"guid":"20.capabilities","index":5,"source":"capabilities"},{"id":684,"guid":"684.smart_tags","index":6,"source":"smartTags"},{"id":766,"guid":"766.smart_tags","index":7,"source":"smartTags"},{"id":780,"guid":"780.smart_tags","index":8,"source":"smartTags"},{"id":11,"guid":"11.capabilities","index":9,"source":"capabilities"},{"id":952,"guid":"952.smart_tags","index":10,"source":"smartTags"},{"id":114,"guid":"114.capabilities","index":11,"source":"capabilities"},{"id":1153,"guid":"1153.smart_tags","index":12,"source":"smartTags"},{"id":1188,"guid":"1188.smart_tags","index":13,"source":"smartTags"},{"id":1241,"guid":"1241.smart_tags","index":14,"source":"smartTags"},{"id":1261,"guid":"1261.smart_tags","index":15,"source":"smartTags"},{"id":132,"guid":"132.capabilities","index":16,"source":"capabilities"}],"is_active":true,"last_name":"Pauze","nick_name":"Michael","clerkships":[],"first_name":"Michael","title_rank":9999,"updated_by":34,"law_schools":[{"id":2442,"meta":{"degree":"J.D.","honors":"Order of the Coif","is_law_school":1,"graduation_date":"1994-01-01 00:00:00 UTC"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"R.","name_suffix":"","recognitions":[{"title":"Top 100 Trial Lawyers in America","detail":"Benchmark Litigation 2018"},{"title":"Among “elite trial strategists” in the field","detail":"Benchmark Litigation 2018"},{"title":"MVP of the Year: White-Collar Criminal Defense","detail":"Law360"},{"title":"Among an “elite slate of attorneys” with \"hard-earned success in high-stakes litigation.” ","detail":"Law360"},{"title":"White-Collar Criminal Defense","detail":"Legal 500"},{"title":"Trial strategy was “quite simply, a master class in defense work.” ","detail":"Above the Law"},{"title":"Director’s Award — For superior performance as an Assistant U.S. Attorney ","detail":"Executive Office for U.S. Attorneys"},{"title":"Assistant Attorney General’s Award — For safeguarding confidence in the American marketplace","detail":"Criminal Division Assistant Attorney General"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eMichael Pauz\u0026eacute; defends clients in high-stakes government investigations, enforcement proceedings, and parallel civil litigation. A former federal prosecutor, Michael regularly represents accounting and financial services firms, life sciences companies, and their boards and professionals in sensitive investigations.\u0026nbsp; Michael recently was selected by\u0026nbsp;national legal periodicals as among the Top 100 Trial Lawyers in America\u0026nbsp;and MVP of the Year for white-collar criminal defense, recognizing him as among an \"the best in breed for the coveted and in-demand, yet increasingly rare, art of trial law\"\u0026nbsp;with \"hard-earned success in high-stakes litigation.\u0026rdquo;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eMichael's practice focuses on regulatory and financial investigations by U.S. law enforcement agencies, such as the U.S. Department of Justice, U.S. Attorneys' Offices, the Federal Bureau of Investigation, and the Internal Revenue Service; U.S. regulatory agencies, including the Public Company Accounting Oversight Board, the Securities and Exchange Commission, the Food \u0026amp; Drug Administration, and the Commodity Futures Trading Commission; as well as congressional subcommittees.\u003c/p\u003e\n\u003cp\u003eMichael has considerable experience representing accounting firms in regulatory and congressional investigations, as well as securities litigation. He has represented firms on three continents in U.S. and cross-border regulatory investigations, quietly resolving more than two dozen SEC, PCAOB and CFTC investigations with no enforcement action.\u003c/p\u003e\n\u003cp\u003eMichael also represents life science companies in investigations of anti-kickback, off-label promotion and false claims matters. He served as lead trial counsel for Vascular Solutions, Inc., a publicly traded medical device company, in a groundbreaking federal criminal trial involving off-label promotion charges. After a five-year investigation and a three-week trial, the Texas jury acquitted the company and its CEO of all charges. The CEO observed that Michael \u0026ldquo;personally shouldered the stakes and injustice with tireless grace.\u0026rdquo;\u003c/p\u003e\n\u003cp\u003eMichael is a trial lawyer, having served as lead counsel in trials across the country. For 2018 and 2019, Benchmark Litigation ranked Michael as among the Top 100 Trial Lawyers in America, an \u0026ldquo;elite group of practitioners\u0026rdquo; who \u0026nbsp;\u0026ldquo;were recognized as\u0026nbsp;the best in breed for\u0026nbsp;the coveted and in-demand, yet increasingly rare, art of trial law based upon peer and client review as well as these attorneys'\u0026nbsp;lead role in spearheading some of the most high-stakes and high-profile cases to make their way to the trial level.\u0026rdquo;\u0026nbsp; Michael brings to bear over two decades of experience, including a dozen years trying cases for the Justice Department. As a Deputy Chief and Assistant U.S. Attorney, and trial attorney with the Enron Task Force, he supervised and personally conducted hundreds of investigations, and served as lead trial counsel in 16 federal jury trials involving regulatory, tax, financial and other offenses.\u003c/p\u003e","matters":["\u003cp\u003eSecured across-the-board acquittal for \u003cstrong data-redactor-tag=\"strong\"\u003eVascular Solutions, Inc.\u003c/strong\u003e in enterprise-threatening off-label-promotion charges in a federal criminal trial in Texas.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong data-redactor-tag=\"strong\"\u003ePricewaterhouseCoopers\u003c/strong\u003e in a hearing by the Senate Permanent Subcommittee on Investigations regarding tax strategy by Fortune 50 manufacturing icon Caterpillar, Inc.\u003c/p\u003e","\u003cp\u003eCo-lead counsel for \u003cstrong data-redactor-tag=\"strong\"\u003ePricewaterhouseCoopers\u003c/strong\u003e \u003cstrong data-redactor-tag=\"strong\"\u003eBrazil\u003c/strong\u003e in the \u003cem data-redactor-tag=\"em\"\u003ePetrobras Securities Litigation\u003c/em\u003e, securing dismissal of securities fraud claims against auditor stemming from allegations of billions of dollars in corrupt payments for contacts with the Brazilian energy giant.\u003c/p\u003e","\u003cp\u003eRepresented global financial institution \u003cstrong data-redactor-tag=\"strong\"\u003eCredit Suisse AG\u003c/strong\u003e in one of the most significant criminal tax investigations ever conducted by the DOJ.\u003c/p\u003e"],"recognitions":[{"title":"Top 100 Trial Lawyers in America","detail":"Benchmark Litigation 2018"},{"title":"Among “elite trial strategists” in the field","detail":"Benchmark Litigation 2018"},{"title":"MVP of the Year: White-Collar Criminal Defense","detail":"Law360"},{"title":"Among an “elite slate of attorneys” with \"hard-earned success in high-stakes litigation.” ","detail":"Law360"},{"title":"White-Collar Criminal Defense","detail":"Legal 500"},{"title":"Trial strategy was “quite simply, a master class in defense work.” ","detail":"Above the Law"},{"title":"Director’s Award — For superior performance as an Assistant U.S. Attorney ","detail":"Executive Office for U.S. Attorneys"},{"title":"Assistant Attorney General’s Award — For safeguarding confidence in the American marketplace","detail":"Criminal Division Assistant Attorney General"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":5188}]},"capability_group_id":2},"created_at":"2025-11-05T05:03:37.000Z","updated_at":"2025-11-05T05:03:37.000Z","searchable_text":"Pauze{{ FIELD }}{:title=\u0026gt;\"Top 100 Trial Lawyers in America\", :detail=\u0026gt;\"Benchmark Litigation 2018\"}{{ FIELD }}{:title=\u0026gt;\"Among “elite trial strategists” in the field\", :detail=\u0026gt;\"Benchmark Litigation 2018\"}{{ FIELD }}{:title=\u0026gt;\"MVP of the Year: White-Collar Criminal Defense\", :detail=\u0026gt;\"Law360\"}{{ FIELD }}{:title=\u0026gt;\"Among an “elite slate of attorneys” with \\\"hard-earned success in high-stakes litigation.” \", :detail=\u0026gt;\"Law360\"}{{ FIELD }}{:title=\u0026gt;\"White-Collar Criminal Defense\", :detail=\u0026gt;\"Legal 500\"}{{ FIELD }}{:title=\u0026gt;\"Trial strategy was “quite simply, a master class in defense work.” \", :detail=\u0026gt;\"Above the Law\"}{{ FIELD }}{:title=\u0026gt;\"Director’s Award — For superior performance as an Assistant U.S. Attorney \", :detail=\u0026gt;\"Executive Office for U.S. Attorneys\"}{{ FIELD }}{:title=\u0026gt;\"Assistant Attorney General’s Award — For safeguarding confidence in the American marketplace\", :detail=\u0026gt;\"Criminal Division Assistant Attorney General\"}{{ FIELD }}Secured across-the-board acquittal for Vascular Solutions, Inc. in enterprise-threatening off-label-promotion charges in a federal criminal trial in Texas.{{ FIELD }}Represented PricewaterhouseCoopers in a hearing by the Senate Permanent Subcommittee on Investigations regarding tax strategy by Fortune 50 manufacturing icon Caterpillar, Inc.{{ FIELD }}Co-lead counsel for PricewaterhouseCoopers Brazil in the Petrobras Securities Litigation, securing dismissal of securities fraud claims against auditor stemming from allegations of billions of dollars in corrupt payments for contacts with the Brazilian energy giant.{{ FIELD }}Represented global financial institution Credit Suisse AG in one of the most significant criminal tax investigations ever conducted by the DOJ.{{ FIELD }}Michael Pauzé defends clients in high-stakes government investigations, enforcement proceedings, and parallel civil litigation. A former federal prosecutor, Michael regularly represents accounting and financial services firms, life sciences companies, and their boards and professionals in sensitive investigations.  Michael recently was selected by national legal periodicals as among the Top 100 Trial Lawyers in America and MVP of the Year for white-collar criminal defense, recognizing him as among an \"the best in breed for the coveted and in-demand, yet increasingly rare, art of trial law\" with \"hard-earned success in high-stakes litigation.”\nMichael's practice focuses on regulatory and financial investigations by U.S. law enforcement agencies, such as the U.S. Department of Justice, U.S. Attorneys' Offices, the Federal Bureau of Investigation, and the Internal Revenue Service; U.S. regulatory agencies, including the Public Company Accounting Oversight Board, the Securities and Exchange Commission, the Food \u0026amp; Drug Administration, and the Commodity Futures Trading Commission; as well as congressional subcommittees.\nMichael has considerable experience representing accounting firms in regulatory and congressional investigations, as well as securities litigation. He has represented firms on three continents in U.S. and cross-border regulatory investigations, quietly resolving more than two dozen SEC, PCAOB and CFTC investigations with no enforcement action.\nMichael also represents life science companies in investigations of anti-kickback, off-label promotion and false claims matters. He served as lead trial counsel for Vascular Solutions, Inc., a publicly traded medical device company, in a groundbreaking federal criminal trial involving off-label promotion charges. After a five-year investigation and a three-week trial, the Texas jury acquitted the company and its CEO of all charges. The CEO observed that Michael “personally shouldered the stakes and injustice with tireless grace.”\nMichael is a trial lawyer, having served as lead counsel in trials across the country. For 2018 and 2019, Benchmark Litigation ranked Michael as among the Top 100 Trial Lawyers in America, an “elite group of practitioners” who  “were recognized as the best in breed for the coveted and in-demand, yet increasingly rare, art of trial law based upon peer and client review as well as these attorneys' lead role in spearheading some of the most high-stakes and high-profile cases to make their way to the trial level.”  Michael brings to bear over two decades of experience, including a dozen years trying cases for the Justice Department. As a Deputy Chief and Assistant U.S. Attorney, and trial attorney with the Enron Task Force, he supervised and personally conducted hundreds of investigations, and served as lead trial counsel in 16 federal jury trials involving regulatory, tax, financial and other offenses. Partner Top 100 Trial Lawyers in America Benchmark Litigation 2018 Among “elite trial strategists” in the field Benchmark Litigation 2018 MVP of the Year: White-Collar Criminal Defense Law360 Among an “elite slate of attorneys” with \"hard-earned success in high-stakes litigation.”  Law360 White-Collar Criminal Defense Legal 500 Trial strategy was “quite simply, a master class in defense work.”  Above the Law Director’s Award — For superior performance as an Assistant U.S. Attorney  Executive Office for U.S. Attorneys Assistant Attorney General’s Award — For safeguarding confidence in the American marketplace Criminal Division Assistant Attorney General Indiana University Indiana University School of Law Vanderbilt University Vanderbilt University School of Law U.S. Court of Appeals for the Fourth Circuit U.S. Court of Appeals for the D.C. Circuit U.S. District Court for the District of Maryland U.S. District Court for the District of Columbia District of Columbia Lecturer, Justice Department’s National Advocacy Center Instructor, IRS Criminal Investigation Training Academy Secured across-the-board acquittal for Vascular Solutions, Inc. in enterprise-threatening off-label-promotion charges in a federal criminal trial in Texas. Represented PricewaterhouseCoopers in a hearing by the Senate Permanent Subcommittee on Investigations regarding tax strategy by Fortune 50 manufacturing icon Caterpillar, Inc. Co-lead counsel for PricewaterhouseCoopers Brazil in the Petrobras Securities Litigation, securing dismissal of securities fraud claims against auditor stemming from allegations of billions of dollars in corrupt payments for contacts with the Brazilian energy giant. Represented global financial institution Credit Suisse AG in one of the most significant criminal tax investigations ever conducted by the DOJ.","searchable_name":"Michael R. Pauze","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":34,"capability_group_featured":null,"home_page_featured":null},{"id":443931,"version":1,"owner_type":"Person","owner_id":6665,"payload":{"bio":"\u003cp\u003eMichael Plotnick is a highly experienced enforcement litigator and investigations practitioner, having served as the Chief Trial Counsel with the Public Company Accounting Oversight Board (PCAOB), where he worked for more than 17 years. Mike focuses on the representation of global financial institutions, accounting firms and individuals in regulatory and enforcement actions before a variety government entities. Mike draws from his experience as a former regulator to advise on corporate governance, compliance, due diligence and fraud matters, as well as complex commercial litigation in federal and state courts.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eMike leverages his intimate knowledge of PCAOB rules to help clients resolve complex, business-critical auditing and financial disclosure issues. As Chief Trial Counsel with the PCAOB\u0026rsquo;s Division of Enforcement and Investigations, Mike supervised all division litigation, from commencement of disciplinary proceedings through final Board resolution. During his tenure with the PCAOB, he successfully led litigation teams in hearings and presented two appellate oral arguments to the Board, including the first in Board history. Mike also led significant investigations and adjudications of auditors\u0026rsquo; failures to comply with PCAOB rules and standards. For example, Mike oversaw the investigation of an affiliate of a multinational accounting firm, in a matter that became the largest civil money penalty for an audit violation matter of its time. In a separate matter, Mike led an investigation of a globally known accounting firm, that became the second largest civil money penalty in PCAOB history.\u003c/p\u003e\n\u003cp\u003ePrior to joining the PCAOB, Mike served as counsel at the international law firm, WilmerHale, where he focused on securities investigations and commercial litigation.\u003c/p\u003e","slug":"michael-plotnick","email":"mplotnick@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":11,"guid":"11.capabilities","index":0,"source":"capabilities"},{"id":18,"guid":"18.capabilities","index":1,"source":"capabilities"},{"id":1241,"guid":"1241.smart_tags","index":2,"source":"smartTags"},{"id":20,"guid":"20.capabilities","index":3,"source":"capabilities"},{"id":19,"guid":"19.capabilities","index":4,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":5,"source":"capabilities"},{"id":699,"guid":"699.smart_tags","index":6,"source":"smartTags"},{"id":81,"guid":"81.capabilities","index":7,"source":"capabilities"},{"id":1248,"guid":"1248.smart_tags","index":8,"source":"smartTags"}],"is_active":true,"last_name":"Plotnick","nick_name":"Mike","clerkships":[],"first_name":"Michael","title_rank":9999,"updated_by":35,"law_schools":[{"id":753,"meta":{"degree":"J.D.","honors":"With highest honors, the Order of the Coif, John Ordronaux Award, and the Kappa Beta Pi Award","is_law_school":"1","graduation_date":"1997-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"A.","name_suffix":"","recognitions":[{"title":"Division Director’s Award","detail":"PCAOB’s Division of Enforcement and Investigations, 2016"}],"linked_in_url":"https://www.linkedin.com/in/michael-plotnick-063918177/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eMichael Plotnick is a highly experienced enforcement litigator and investigations practitioner, having served as the Chief Trial Counsel with the Public Company Accounting Oversight Board (PCAOB), where he worked for more than 17 years. Mike focuses on the representation of global financial institutions, accounting firms and individuals in regulatory and enforcement actions before a variety government entities. Mike draws from his experience as a former regulator to advise on corporate governance, compliance, due diligence and fraud matters, as well as complex commercial litigation in federal and state courts.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eMike leverages his intimate knowledge of PCAOB rules to help clients resolve complex, business-critical auditing and financial disclosure issues. As Chief Trial Counsel with the PCAOB\u0026rsquo;s Division of Enforcement and Investigations, Mike supervised all division litigation, from commencement of disciplinary proceedings through final Board resolution. During his tenure with the PCAOB, he successfully led litigation teams in hearings and presented two appellate oral arguments to the Board, including the first in Board history. Mike also led significant investigations and adjudications of auditors\u0026rsquo; failures to comply with PCAOB rules and standards. For example, Mike oversaw the investigation of an affiliate of a multinational accounting firm, in a matter that became the largest civil money penalty for an audit violation matter of its time. In a separate matter, Mike led an investigation of a globally known accounting firm, that became the second largest civil money penalty in PCAOB history.\u003c/p\u003e\n\u003cp\u003ePrior to joining the PCAOB, Mike served as counsel at the international law firm, WilmerHale, where he focused on securities investigations and commercial litigation.\u003c/p\u003e","recognitions":[{"title":"Division Director’s Award","detail":"PCAOB’s Division of Enforcement and Investigations, 2016"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":11585}]},"capability_group_id":2},"created_at":"2025-12-05T05:01:32.000Z","updated_at":"2025-12-05T05:01:32.000Z","searchable_text":"Plotnick{{ FIELD }}{:title=\u0026gt;\"Division Director’s Award\", :detail=\u0026gt;\"PCAOB’s Division of Enforcement and Investigations, 2016\"}{{ FIELD }}Michael Plotnick is a highly experienced enforcement litigator and investigations practitioner, having served as the Chief Trial Counsel with the Public Company Accounting Oversight Board (PCAOB), where he worked for more than 17 years. Mike focuses on the representation of global financial institutions, accounting firms and individuals in regulatory and enforcement actions before a variety government entities. Mike draws from his experience as a former regulator to advise on corporate governance, compliance, due diligence and fraud matters, as well as complex commercial litigation in federal and state courts.\nMike leverages his intimate knowledge of PCAOB rules to help clients resolve complex, business-critical auditing and financial disclosure issues. As Chief Trial Counsel with the PCAOB’s Division of Enforcement and Investigations, Mike supervised all division litigation, from commencement of disciplinary proceedings through final Board resolution. During his tenure with the PCAOB, he successfully led litigation teams in hearings and presented two appellate oral arguments to the Board, including the first in Board history. Mike also led significant investigations and adjudications of auditors’ failures to comply with PCAOB rules and standards. For example, Mike oversaw the investigation of an affiliate of a multinational accounting firm, in a matter that became the largest civil money penalty for an audit violation matter of its time. In a separate matter, Mike led an investigation of a globally known accounting firm, that became the second largest civil money penalty in PCAOB history.\nPrior to joining the PCAOB, Mike served as counsel at the international law firm, WilmerHale, where he focused on securities investigations and commercial litigation. Partner Division Director’s Award PCAOB’s Division of Enforcement and Investigations, 2016 Tufts University  George Washington University George Washington University Law School Supreme Court of the United States District of Columbia Maryland D.C. Bar Maryland Bar","searchable_name":"Michael A. Plotnick (Mike)","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":35,"capability_group_featured":null,"home_page_featured":null},{"id":447053,"version":1,"owner_type":"Person","owner_id":5947,"payload":{"bio":"\u003cp\u003eDrew Pollekoff concentrates his practice in\u0026nbsp;the areas of mergers and acquisitions and private equity transactions, as well as corporate governance, corporate finance, securities law\u0026nbsp;and general corporate matters. Drew\u0026nbsp;has extensive experience representing public and private companies, private equity funds and financial advisors in a variety of complex and significant\u0026nbsp;business\u0026nbsp;transactions, including public and private mergers, acquisitions and divestitures, leveraged\u0026nbsp;buyouts, auctions, contested takeovers, tender offers, proxy fights and shareholder activism response situations, SPAC transactions, venture capital transactions, financings and\u0026nbsp;securities offerings, reorganizations, spin-offs, majority and minority\u0026nbsp;investments, joint ventures and other strategic alliances. Drew\u0026nbsp;began his career at Skadden, Arps, Slate, Meagher \u0026amp; Flom LLP.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDrew has represented the full range of parties, including acquirers, bidders, targets, sellers, public and private strategic companies, private equity firms and their portfolio companies, consortiums,\u0026nbsp;management teams, special committees, private investors, investment banks and financial advisors in these transactions. He has been involved in all deal phases, including initial planning, structuring, negotiation, implementation and advice.\u003c/p\u003e\n\u003cp\u003eDrew has significant experience\u0026nbsp;across a wide variety of industries, including aerospace, defense and government technology/services, technology, energy,\u0026nbsp;infrastructure,\u0026nbsp;real estate, healthcare, life sciences, insurance, financial institutions, media, telecommunications and other regulated businesses. He has experience in both domestic and international transactions, including the representation of parties in cross-border transactions. Drew\u0026nbsp;also regularly advises and counsels companies,\u0026nbsp;boards of directors and C-suite executives on a broad\u0026nbsp;range of corporate governance, securities law and other corporate matters, including with respect to\u0026nbsp;directors\u0026rsquo; duties and responsibilities, disclosure issues, securities and\u0026nbsp;corporate compliance\u0026nbsp;matters, shareholder activism and takeover defense\u0026nbsp;matters.\u003c/p\u003e\n\u003cp\u003eSelected\u0026nbsp;representations\u0026nbsp;include, among others:\u0026nbsp;\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eAflac\u0026nbsp;\u003c/strong\u003ein its (i) sale of an ~7% stake to Japan Post Holdings and (ii) purchase of an ~9% stake in and strategic alliance with Trupanion\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eBooz Allen Hamilton Inc.\u003c/strong\u003e\u0026nbsp;(NYSE: BAH) in its acquisition of EverWatch Corp., a portfolio company of Enlightenment Capital\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eCentene\u0026nbsp;\u003c/strong\u003ein its $17.3 billion merger with WellCare Health Plans\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eDuke Energy\u003c/strong\u003e\u0026nbsp;in its $2.4 billion sale of its Latin America power holdings\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eDynegy\u003c/strong\u003e\u0026nbsp;in its $3.3 billion acquisition of ENGIE, S.A.'s U.S. fossil electric generation portfolio\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eGannett\u0026nbsp;\u003c/strong\u003ein its (i) receipt of an unsolicited acquisition proposal from and successful proxy contest against hedge-fund owned publishing company\u0026nbsp;MNG Enterprises, Inc. and (ii) $1.4 billion acquisition by New Media Investment Group Inc.\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eHighmark\u003c/strong\u003e\u0026nbsp;in its sale of Davis Vision and a minority interest in Visionworks to Centerbridge Partners, and the subsequent sale of Visionworks to Vision Services Plan\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eManTech\u003c/strong\u003e\u0026nbsp;in its $4.2 billion acquisition by and sale to funds managed by The Carlyle Group\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eThe AES Corporation\u0026nbsp;\u003c/strong\u003eand\u0026nbsp;\u003cstrong\u003eAIMCo\u003cem\u003e\u0026nbsp;\u003c/em\u003e\u003c/strong\u003ein their $1.6 billion joint venture acquisition of sPower\u003c/p\u003e","slug":"drew-pollekoff","email":"dpollekoff@kslaw.com","phone":null,"matters":["\u003cp\u003e\u003cem\u003eAerospace, Defense and Government Technology/Services\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eManTech International Corporation\u003c/strong\u003e\u0026nbsp;(NASDAQ: MANT) in its ~$4.2 billion take-private sale to The Carlyle Group\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eATL Partners / Trident Solutions\u003c/strong\u003e\u0026nbsp;in its acquisition of Ibeos, a specialized developer of space-qualified electronics\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eBooz Allen Hamilton Inc.\u003c/strong\u003e\u0026nbsp;(NYSE: BAH) in its acquisition of EverWatch Corp., a portfolio company of Enlightenment Capital\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eManTech International Corporation\u003c/strong\u003e, a Carlyle Group portfolio company, in its:\u003c/p\u003e\n\u003cp\u003e- acquisition of Elder Research Inc.;\u003c/p\u003e\n\u003cp\u003e- sale of its DARPA, NRO and OSD SCO Technical Advisory Services programs to Systems Planning \u0026amp; Analysis, an Arlington Capital Partners portfolio company; and\u003c/p\u003e\n\u003cp\u003e- acquisition of Definitive Logic Corporation\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRenovus Capital Partners\u003c/strong\u003e\u0026nbsp;\u003cstrong\u003e/\u003c/strong\u003e\u0026nbsp;\u003cstrong\u003ePanum Telecom, LLC\u003c/strong\u003e\u0026nbsp;in the acquisition of Miracle Systems, LLC and formation of\u003cstrong\u003e\u0026nbsp;Aretum, LLC\u003c/strong\u003e, a new government services platform\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eScience Applications International Corp. (SAIC)\u0026nbsp;\u003c/strong\u003e(NYSE: SAIC) in its:\u003c/p\u003e\n\u003cp\u003e- $350 million sale of its logistics and supply chain management business to ASRC Federal Holding Company, LLC, a subsidiary of Arctic Slope Regional Corporation; and\u003c/p\u003e\n\u003cp\u003e- $250 million acquisition of Halfaker and Associates, LLC, a leading federal health technology solutions provider\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eAcentra Health, LLC\u003c/strong\u003e, a Carlyle Group portfolio company, in its acquisition of EAP Consultants, LLC (d/b/a Espyr)\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eSA Photonics, Inc.\u0026nbsp;\u003c/strong\u003ein its acquisition by CACI International Inc. (NYSE: CACI)\u003c/p\u003e","\u003cp\u003e\u003cem\u003eTechnology, Media and Telecommunications\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eAccuLynx\u003c/strong\u003e\u0026nbsp;in its announced (and subsequently terminated) $2.35 billion acquisition by Verisk (Nasdaq: VRSK)\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eDrone Racing League, Inc.\u0026nbsp;\u003c/strong\u003ein its $250 million acquisition by Infinite Reality, Inc.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eDigital Media Solutions, LLC\u003c/strong\u003e\u0026nbsp;in its $757 million de-SPAC business combination transaction with Leo Holdings Corp.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eDigital Media Solutions, Inc.\u0026nbsp;\u003c/strong\u003e(NYSE: DMS) in its acquisitions of:\u003c/p\u003e\n\u003cp\u003eSmarterChaos, a digital marketing and online performance management agency\u003c/p\u003e\n\u003cp\u003eAimtell and PushPros, providers of mobile and web-based push notification technology and solutions\u003c/p\u003e\n\u003cp\u003eThe assets of Crisp Marketing, LLC, a digital performance advertising company\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGannett Co., Inc.\u003c/strong\u003e\u0026nbsp;in its:\u003c/p\u003e\n\u003cp\u003e$1.4 billion take-private acquisition by New Media Investment Group Inc., a publicly traded media company managed by an affiliate of Fortress Investment Group LLC\u003c/p\u003e\n\u003cp\u003eReceipt of an unsolicited acquisition proposal from and subsequent successful proxy contest against MNG Enterprises, Inc.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eThe private equity arm of a pension fund\u003c/strong\u003e\u0026nbsp;in various transactions, including strategic co-investments in the technology, communication, energy and transportation industries\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eThreatQuotient, Inc.\u0026nbsp;\u003c/strong\u003ein its acquisition by Securonix, a portfolio company of Vista Equity Partners\u003c/p\u003e","\u003cp\u003e\u003cem\u003eHealthcare and Insurance\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eAflac Incorporated\u003c/strong\u003e\u0026nbsp;in its:\u003c/p\u003e\n\u003cp\u003ePurchase of an approximately 9% stake in and strategic alliance agreement with Trupanion\u003c/p\u003e\n\u003cp\u003eSale of an approximately 7% stake to Japan Post Holdings\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eAquarian Holdings LLC\u0026nbsp;\u003c/strong\u003ein its initial formation and related acquisition of Investors Heritage Capital Corporation\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eCentene Corporation\u003c/strong\u003e\u0026nbsp;(NYSE: CNC) in a number of transactions, including its:\u003c/p\u003e\n\u003cp\u003e$17.3 billion merger with WellCare Health Plans, Inc.\u003c/p\u003e\n\u003cp\u003eMedicare Advantage joint venture with Ascension Care Management\u003c/p\u003e\n\u003cp\u003eInvestment in RxAdvance Corporation, a cloud-based pharmacy benefit manager\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eHighmark Inc.\u003c/strong\u003e\u0026nbsp;in its sale of Davis Vision, Inc. and a minority interest in Visionworks of America, Inc. to Centerbridge Partners, L.P., and the subsequent sale of Visionworks of America, Inc. to Vision Services Plan\u003c/p\u003e","\u003cp\u003e\u0026nbsp;\u003cem\u003eEnergy, Infrastructure and Real Estate\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRidgewood Infrastructure LLC\u003c/strong\u003e, a New York City-based infrastructure private equity fund, in its acquisition of APP Jet Center, a fixed\u0026ndash;base operator (FBO) that owns and operates essential aviation infrastructure\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eBOA Acquisition Corp.\u0026nbsp;\u003c/strong\u003e(NYSE: BOAS), a special purpose acquisition company (SPAC), in its $1.2 billion de-SPAC business combination transaction with Selina Hospitality\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eDuke Energy Corporation\u003c/strong\u003e\u0026nbsp;(NYSE: DUK) in connection with two transactions totaling $2.4 billion: (i) the $1.2 billion sale of its power holdings in Brazil to China Three Gorges Corporation and (ii) the $1.2 billion sale of its power holdings in Peru, Chile, Ecuador, Guatemala, El Salvador and Argentina to I Squared Capital Advisors. This transaction was named Latin America Power M\u0026amp;A Deal of 2016 by\u0026nbsp;\u003cem\u003ePower Finance \u0026amp; Risk.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eDynegy Inc.\u003c/strong\u003e\u0026nbsp;in its $3.3 billion acquisition of ENGIE, S.A.'s U.S. fossil electric generation portfolio\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eMoelis \u0026amp; Company LLC\u003c/strong\u003e\u0026nbsp;as financial advisor to the Empire District Electric Company in its $2.4 billion acquisition by Algonquin Power \u0026amp; Utilities Corporation\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eThe AES Corporation and Alberta Investment Management Corporation (AIMCo)\u003c/strong\u003e\u0026nbsp;in their joint venture acquisition of sPower from Fir Tree Partners and its minority owners for approximately $1.6 billion (enterprise value). This transaction was named North America M\u0026amp;A Deal of the Year for 2017 by\u0026nbsp;\u003cem\u003ePower Finance \u0026amp; Risk.\u003c/em\u003e\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":75,"guid":"75.capabilities","index":0,"source":"capabilities"},{"id":33,"guid":"33.capabilities","index":1,"source":"capabilities"},{"id":126,"guid":"126.capabilities","index":2,"source":"capabilities"},{"id":1147,"guid":"1147.smart_tags","index":3,"source":"smartTags"},{"id":1141,"guid":"1141.smart_tags","index":4,"source":"smartTags"},{"id":118,"guid":"118.capabilities","index":5,"source":"capabilities"},{"id":27,"guid":"27.capabilities","index":6,"source":"capabilities"},{"id":123,"guid":"123.capabilities","index":7,"source":"capabilities"},{"id":102,"guid":"102.capabilities","index":8,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":9,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":10,"source":"capabilities"},{"id":133,"guid":"133.capabilities","index":11,"source":"capabilities"},{"id":72,"guid":"72.capabilities","index":12,"source":"capabilities"},{"id":1142,"guid":"1142.smart_tags","index":13,"source":"smartTags"},{"id":1472,"guid":"1472.smart_tags","index":14,"source":"smartTags"}],"is_active":true,"last_name":"Pollekoff","nick_name":"Drew","clerkships":[],"first_name":"Drew","title_rank":9999,"updated_by":202,"law_schools":[{"id":755,"meta":{"degree":"J.D.","honors":"cum laude, Editor, The Georgetown Law Journal","is_law_school":"1","graduation_date":"2015-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"L.","name_suffix":"","recognitions":null,"linked_in_url":"https://www.linkedin.com/in/dpollekoff/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eDrew Pollekoff concentrates his practice in\u0026nbsp;the areas of mergers and acquisitions and private equity transactions, as well as corporate governance, corporate finance, securities law\u0026nbsp;and general corporate matters. Drew\u0026nbsp;has extensive experience representing public and private companies, private equity funds and financial advisors in a variety of complex and significant\u0026nbsp;business\u0026nbsp;transactions, including public and private mergers, acquisitions and divestitures, leveraged\u0026nbsp;buyouts, auctions, contested takeovers, tender offers, proxy fights and shareholder activism response situations, SPAC transactions, venture capital transactions, financings and\u0026nbsp;securities offerings, reorganizations, spin-offs, majority and minority\u0026nbsp;investments, joint ventures and other strategic alliances. Drew\u0026nbsp;began his career at Skadden, Arps, Slate, Meagher \u0026amp; Flom LLP.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDrew has represented the full range of parties, including acquirers, bidders, targets, sellers, public and private strategic companies, private equity firms and their portfolio companies, consortiums,\u0026nbsp;management teams, special committees, private investors, investment banks and financial advisors in these transactions. He has been involved in all deal phases, including initial planning, structuring, negotiation, implementation and advice.\u003c/p\u003e\n\u003cp\u003eDrew has significant experience\u0026nbsp;across a wide variety of industries, including aerospace, defense and government technology/services, technology, energy,\u0026nbsp;infrastructure,\u0026nbsp;real estate, healthcare, life sciences, insurance, financial institutions, media, telecommunications and other regulated businesses. He has experience in both domestic and international transactions, including the representation of parties in cross-border transactions. Drew\u0026nbsp;also regularly advises and counsels companies,\u0026nbsp;boards of directors and C-suite executives on a broad\u0026nbsp;range of corporate governance, securities law and other corporate matters, including with respect to\u0026nbsp;directors\u0026rsquo; duties and responsibilities, disclosure issues, securities and\u0026nbsp;corporate compliance\u0026nbsp;matters, shareholder activism and takeover defense\u0026nbsp;matters.\u003c/p\u003e\n\u003cp\u003eSelected\u0026nbsp;representations\u0026nbsp;include, among others:\u0026nbsp;\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eAflac\u0026nbsp;\u003c/strong\u003ein its (i) sale of an ~7% stake to Japan Post Holdings and (ii) purchase of an ~9% stake in and strategic alliance with Trupanion\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eBooz Allen Hamilton Inc.\u003c/strong\u003e\u0026nbsp;(NYSE: BAH) in its acquisition of EverWatch Corp., a portfolio company of Enlightenment Capital\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eCentene\u0026nbsp;\u003c/strong\u003ein its $17.3 billion merger with WellCare Health Plans\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eDuke Energy\u003c/strong\u003e\u0026nbsp;in its $2.4 billion sale of its Latin America power holdings\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eDynegy\u003c/strong\u003e\u0026nbsp;in its $3.3 billion acquisition of ENGIE, S.A.'s U.S. fossil electric generation portfolio\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eGannett\u0026nbsp;\u003c/strong\u003ein its (i) receipt of an unsolicited acquisition proposal from and successful proxy contest against hedge-fund owned publishing company\u0026nbsp;MNG Enterprises, Inc. and (ii) $1.4 billion acquisition by New Media Investment Group Inc.\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eHighmark\u003c/strong\u003e\u0026nbsp;in its sale of Davis Vision and a minority interest in Visionworks to Centerbridge Partners, and the subsequent sale of Visionworks to Vision Services Plan\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eManTech\u003c/strong\u003e\u0026nbsp;in its $4.2 billion acquisition by and sale to funds managed by The Carlyle Group\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eThe AES Corporation\u0026nbsp;\u003c/strong\u003eand\u0026nbsp;\u003cstrong\u003eAIMCo\u003cem\u003e\u0026nbsp;\u003c/em\u003e\u003c/strong\u003ein their $1.6 billion joint venture acquisition of sPower\u003c/p\u003e","matters":["\u003cp\u003e\u003cem\u003eAerospace, Defense and Government Technology/Services\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eManTech International Corporation\u003c/strong\u003e\u0026nbsp;(NASDAQ: MANT) in its ~$4.2 billion take-private sale to The Carlyle Group\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eATL Partners / Trident Solutions\u003c/strong\u003e\u0026nbsp;in its acquisition of Ibeos, a specialized developer of space-qualified electronics\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eBooz Allen Hamilton Inc.\u003c/strong\u003e\u0026nbsp;(NYSE: BAH) in its acquisition of EverWatch Corp., a portfolio company of Enlightenment Capital\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eManTech International Corporation\u003c/strong\u003e, a Carlyle Group portfolio company, in its:\u003c/p\u003e\n\u003cp\u003e- acquisition of Elder Research Inc.;\u003c/p\u003e\n\u003cp\u003e- sale of its DARPA, NRO and OSD SCO Technical Advisory Services programs to Systems Planning \u0026amp; Analysis, an Arlington Capital Partners portfolio company; and\u003c/p\u003e\n\u003cp\u003e- acquisition of Definitive Logic Corporation\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRenovus Capital Partners\u003c/strong\u003e\u0026nbsp;\u003cstrong\u003e/\u003c/strong\u003e\u0026nbsp;\u003cstrong\u003ePanum Telecom, LLC\u003c/strong\u003e\u0026nbsp;in the acquisition of Miracle Systems, LLC and formation of\u003cstrong\u003e\u0026nbsp;Aretum, LLC\u003c/strong\u003e, a new government services platform\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eScience Applications International Corp. (SAIC)\u0026nbsp;\u003c/strong\u003e(NYSE: SAIC) in its:\u003c/p\u003e\n\u003cp\u003e- $350 million sale of its logistics and supply chain management business to ASRC Federal Holding Company, LLC, a subsidiary of Arctic Slope Regional Corporation; and\u003c/p\u003e\n\u003cp\u003e- $250 million acquisition of Halfaker and Associates, LLC, a leading federal health technology solutions provider\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eAcentra Health, LLC\u003c/strong\u003e, a Carlyle Group portfolio company, in its acquisition of EAP Consultants, LLC (d/b/a Espyr)\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eSA Photonics, Inc.\u0026nbsp;\u003c/strong\u003ein its acquisition by CACI International Inc. (NYSE: CACI)\u003c/p\u003e","\u003cp\u003e\u003cem\u003eTechnology, Media and Telecommunications\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eAccuLynx\u003c/strong\u003e\u0026nbsp;in its announced (and subsequently terminated) $2.35 billion acquisition by Verisk (Nasdaq: VRSK)\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eDrone Racing League, Inc.\u0026nbsp;\u003c/strong\u003ein its $250 million acquisition by Infinite Reality, Inc.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eDigital Media Solutions, LLC\u003c/strong\u003e\u0026nbsp;in its $757 million de-SPAC business combination transaction with Leo Holdings Corp.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eDigital Media Solutions, Inc.\u0026nbsp;\u003c/strong\u003e(NYSE: DMS) in its acquisitions of:\u003c/p\u003e\n\u003cp\u003eSmarterChaos, a digital marketing and online performance management agency\u003c/p\u003e\n\u003cp\u003eAimtell and PushPros, providers of mobile and web-based push notification technology and solutions\u003c/p\u003e\n\u003cp\u003eThe assets of Crisp Marketing, LLC, a digital performance advertising company\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eGannett Co., Inc.\u003c/strong\u003e\u0026nbsp;in its:\u003c/p\u003e\n\u003cp\u003e$1.4 billion take-private acquisition by New Media Investment Group Inc., a publicly traded media company managed by an affiliate of Fortress Investment Group LLC\u003c/p\u003e\n\u003cp\u003eReceipt of an unsolicited acquisition proposal from and subsequent successful proxy contest against MNG Enterprises, Inc.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eThe private equity arm of a pension fund\u003c/strong\u003e\u0026nbsp;in various transactions, including strategic co-investments in the technology, communication, energy and transportation industries\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eThreatQuotient, Inc.\u0026nbsp;\u003c/strong\u003ein its acquisition by Securonix, a portfolio company of Vista Equity Partners\u003c/p\u003e","\u003cp\u003e\u003cem\u003eHealthcare and Insurance\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eAflac Incorporated\u003c/strong\u003e\u0026nbsp;in its:\u003c/p\u003e\n\u003cp\u003ePurchase of an approximately 9% stake in and strategic alliance agreement with Trupanion\u003c/p\u003e\n\u003cp\u003eSale of an approximately 7% stake to Japan Post Holdings\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eAquarian Holdings LLC\u0026nbsp;\u003c/strong\u003ein its initial formation and related acquisition of Investors Heritage Capital Corporation\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eCentene Corporation\u003c/strong\u003e\u0026nbsp;(NYSE: CNC) in a number of transactions, including its:\u003c/p\u003e\n\u003cp\u003e$17.3 billion merger with WellCare Health Plans, Inc.\u003c/p\u003e\n\u003cp\u003eMedicare Advantage joint venture with Ascension Care Management\u003c/p\u003e\n\u003cp\u003eInvestment in RxAdvance Corporation, a cloud-based pharmacy benefit manager\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eHighmark Inc.\u003c/strong\u003e\u0026nbsp;in its sale of Davis Vision, Inc. and a minority interest in Visionworks of America, Inc. to Centerbridge Partners, L.P., and the subsequent sale of Visionworks of America, Inc. to Vision Services Plan\u003c/p\u003e","\u003cp\u003e\u0026nbsp;\u003cem\u003eEnergy, Infrastructure and Real Estate\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRidgewood Infrastructure LLC\u003c/strong\u003e, a New York City-based infrastructure private equity fund, in its acquisition of APP Jet Center, a fixed\u0026ndash;base operator (FBO) that owns and operates essential aviation infrastructure\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eBOA Acquisition Corp.\u0026nbsp;\u003c/strong\u003e(NYSE: BOAS), a special purpose acquisition company (SPAC), in its $1.2 billion de-SPAC business combination transaction with Selina Hospitality\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eDuke Energy Corporation\u003c/strong\u003e\u0026nbsp;(NYSE: DUK) in connection with two transactions totaling $2.4 billion: (i) the $1.2 billion sale of its power holdings in Brazil to China Three Gorges Corporation and (ii) the $1.2 billion sale of its power holdings in Peru, Chile, Ecuador, Guatemala, El Salvador and Argentina to I Squared Capital Advisors. This transaction was named Latin America Power M\u0026amp;A Deal of 2016 by\u0026nbsp;\u003cem\u003ePower Finance \u0026amp; Risk.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eDynegy Inc.\u003c/strong\u003e\u0026nbsp;in its $3.3 billion acquisition of ENGIE, S.A.'s U.S. fossil electric generation portfolio\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eMoelis \u0026amp; Company LLC\u003c/strong\u003e\u0026nbsp;as financial advisor to the Empire District Electric Company in its $2.4 billion acquisition by Algonquin Power \u0026amp; Utilities Corporation\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eThe AES Corporation and Alberta Investment Management Corporation (AIMCo)\u003c/strong\u003e\u0026nbsp;in their joint venture acquisition of sPower from Fir Tree Partners and its minority owners for approximately $1.6 billion (enterprise value). This transaction was named North America M\u0026amp;A Deal of the Year for 2017 by\u0026nbsp;\u003cem\u003ePower Finance \u0026amp; Risk.\u003c/em\u003e\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":8930},{"id":8930}]},"capability_group_id":1},"created_at":"2026-03-27T15:24:38.000Z","updated_at":"2026-03-27T15:24:38.000Z","searchable_text":"Pollekoff{{ FIELD }}Aerospace, Defense and Government Technology/Services{{ FIELD }}ManTech International Corporation (NASDAQ: MANT) in its ~$4.2 billion take-private sale to The Carlyle Group{{ FIELD }}ATL Partners / Trident Solutions in its acquisition of Ibeos, a specialized developer of space-qualified electronics{{ FIELD }}Booz Allen Hamilton Inc. (NYSE: BAH) in its acquisition of EverWatch Corp., a portfolio company of Enlightenment Capital{{ FIELD }}ManTech International Corporation, a Carlyle Group portfolio company, in its:\n- acquisition of Elder Research Inc.;\n- sale of its DARPA, NRO and OSD SCO Technical Advisory Services programs to Systems Planning \u0026amp; Analysis, an Arlington Capital Partners portfolio company; and\n- acquisition of Definitive Logic Corporation{{ FIELD }}Renovus Capital Partners / Panum Telecom, LLC in the acquisition of Miracle Systems, LLC and formation of Aretum, LLC, a new government services platform{{ FIELD }}Science Applications International Corp. (SAIC) (NYSE: SAIC) in its:\n- $350 million sale of its logistics and supply chain management business to ASRC Federal Holding Company, LLC, a subsidiary of Arctic Slope Regional Corporation; and\n- $250 million acquisition of Halfaker and Associates, LLC, a leading federal health technology solutions provider{{ FIELD }}Acentra Health, LLC, a Carlyle Group portfolio company, in its acquisition of EAP Consultants, LLC (d/b/a Espyr){{ FIELD }}SA Photonics, Inc. in its acquisition by CACI International Inc. (NYSE: CACI){{ FIELD }}Technology, Media and Telecommunications{{ FIELD }}AccuLynx in its announced (and subsequently terminated) $2.35 billion acquisition by Verisk (Nasdaq: VRSK){{ FIELD }}Drone Racing League, Inc. in its $250 million acquisition by Infinite Reality, Inc.{{ FIELD }}Digital Media Solutions, LLC in its $757 million de-SPAC business combination transaction with Leo Holdings Corp.{{ FIELD }}Digital Media Solutions, Inc. (NYSE: DMS) in its acquisitions of:\nSmarterChaos, a digital marketing and online performance management agency\nAimtell and PushPros, providers of mobile and web-based push notification technology and solutions\nThe assets of Crisp Marketing, LLC, a digital performance advertising company\n {{ FIELD }}Gannett Co., Inc. in its:\n$1.4 billion take-private acquisition by New Media Investment Group Inc., a publicly traded media company managed by an affiliate of Fortress Investment Group LLC\nReceipt of an unsolicited acquisition proposal from and subsequent successful proxy contest against MNG Enterprises, Inc.{{ FIELD }}The private equity arm of a pension fund in various transactions, including strategic co-investments in the technology, communication, energy and transportation industries{{ FIELD }}ThreatQuotient, Inc. in its acquisition by Securonix, a portfolio company of Vista Equity Partners{{ FIELD }}Healthcare and Insurance{{ FIELD }}Aflac Incorporated in its:\nPurchase of an approximately 9% stake in and strategic alliance agreement with Trupanion\nSale of an approximately 7% stake to Japan Post Holdings{{ FIELD }}Aquarian Holdings LLC in its initial formation and related acquisition of Investors Heritage Capital Corporation{{ FIELD }}Centene Corporation (NYSE: CNC) in a number of transactions, including its:\n$17.3 billion merger with WellCare Health Plans, Inc.\nMedicare Advantage joint venture with Ascension Care Management\nInvestment in RxAdvance Corporation, a cloud-based pharmacy benefit manager\n {{ FIELD }}Highmark Inc. in its sale of Davis Vision, Inc. and a minority interest in Visionworks of America, Inc. to Centerbridge Partners, L.P., and the subsequent sale of Visionworks of America, Inc. to Vision Services Plan{{ FIELD }} Energy, Infrastructure and Real Estate{{ FIELD }}Ridgewood Infrastructure LLC, a New York City-based infrastructure private equity fund, in its acquisition of APP Jet Center, a fixed–base operator (FBO) that owns and operates essential aviation infrastructure{{ FIELD }}BOA Acquisition Corp. (NYSE: BOAS), a special purpose acquisition company (SPAC), in its $1.2 billion de-SPAC business combination transaction with Selina Hospitality{{ FIELD }}Duke Energy Corporation (NYSE: DUK) in connection with two transactions totaling $2.4 billion: (i) the $1.2 billion sale of its power holdings in Brazil to China Three Gorges Corporation and (ii) the $1.2 billion sale of its power holdings in Peru, Chile, Ecuador, Guatemala, El Salvador and Argentina to I Squared Capital Advisors. This transaction was named Latin America Power M\u0026amp;A Deal of 2016 by Power Finance \u0026amp; Risk.{{ FIELD }}Dynegy Inc. in its $3.3 billion acquisition of ENGIE, S.A.'s U.S. fossil electric generation portfolio{{ FIELD }}Moelis \u0026amp; Company LLC as financial advisor to the Empire District Electric Company in its $2.4 billion acquisition by Algonquin Power \u0026amp; Utilities Corporation{{ FIELD }}The AES Corporation and Alberta Investment Management Corporation (AIMCo) in their joint venture acquisition of sPower from Fir Tree Partners and its minority owners for approximately $1.6 billion (enterprise value). This transaction was named North America M\u0026amp;A Deal of the Year for 2017 by Power Finance \u0026amp; Risk.{{ FIELD }}Drew Pollekoff concentrates his practice in the areas of mergers and acquisitions and private equity transactions, as well as corporate governance, corporate finance, securities law and general corporate matters. Drew has extensive experience representing public and private companies, private equity funds and financial advisors in a variety of complex and significant business transactions, including public and private mergers, acquisitions and divestitures, leveraged buyouts, auctions, contested takeovers, tender offers, proxy fights and shareholder activism response situations, SPAC transactions, venture capital transactions, financings and securities offerings, reorganizations, spin-offs, majority and minority investments, joint ventures and other strategic alliances. Drew began his career at Skadden, Arps, Slate, Meagher \u0026amp; Flom LLP. \nDrew has represented the full range of parties, including acquirers, bidders, targets, sellers, public and private strategic companies, private equity firms and their portfolio companies, consortiums, management teams, special committees, private investors, investment banks and financial advisors in these transactions. He has been involved in all deal phases, including initial planning, structuring, negotiation, implementation and advice.\nDrew has significant experience across a wide variety of industries, including aerospace, defense and government technology/services, technology, energy, infrastructure, real estate, healthcare, life sciences, insurance, financial institutions, media, telecommunications and other regulated businesses. He has experience in both domestic and international transactions, including the representation of parties in cross-border transactions. Drew also regularly advises and counsels companies, boards of directors and C-suite executives on a broad range of corporate governance, securities law and other corporate matters, including with respect to directors’ duties and responsibilities, disclosure issues, securities and corporate compliance matters, shareholder activism and takeover defense matters.\nSelected representations include, among others: \nAflac in its (i) sale of an ~7% stake to Japan Post Holdings and (ii) purchase of an ~9% stake in and strategic alliance with Trupanion\nBooz Allen Hamilton Inc. (NYSE: BAH) in its acquisition of EverWatch Corp., a portfolio company of Enlightenment Capital\nCentene in its $17.3 billion merger with WellCare Health Plans\nDuke Energy in its $2.4 billion sale of its Latin America power holdings\nDynegy in its $3.3 billion acquisition of ENGIE, S.A.'s U.S. fossil electric generation portfolio\nGannett in its (i) receipt of an unsolicited acquisition proposal from and successful proxy contest against hedge-fund owned publishing company MNG Enterprises, Inc. and (ii) $1.4 billion acquisition by New Media Investment Group Inc.\nHighmark in its sale of Davis Vision and a minority interest in Visionworks to Centerbridge Partners, and the subsequent sale of Visionworks to Vision Services Plan\nManTech in its $4.2 billion acquisition by and sale to funds managed by The Carlyle Group\nThe AES Corporation and AIMCo in their $1.6 billion joint venture acquisition of sPower Partner University of Michigan University of Michigan Law School Georgetown University Georgetown University Law Center District of Columbia Maryland Virginia Aerospace, Defense and Government Technology/Services ManTech International Corporation (NASDAQ: MANT) in its ~$4.2 billion take-private sale to The Carlyle Group ATL Partners / Trident Solutions in its acquisition of Ibeos, a specialized developer of space-qualified electronics Booz Allen Hamilton Inc. (NYSE: BAH) in its acquisition of EverWatch Corp., a portfolio company of Enlightenment Capital ManTech International Corporation, a Carlyle Group portfolio company, in its:\n- acquisition of Elder Research Inc.;\n- sale of its DARPA, NRO and OSD SCO Technical Advisory Services programs to Systems Planning \u0026amp; Analysis, an Arlington Capital Partners portfolio company; and\n- acquisition of Definitive Logic Corporation Renovus Capital Partners / Panum Telecom, LLC in the acquisition of Miracle Systems, LLC and formation of Aretum, LLC, a new government services platform Science Applications International Corp. (SAIC) (NYSE: SAIC) in its:\n- $350 million sale of its logistics and supply chain management business to ASRC Federal Holding Company, LLC, a subsidiary of Arctic Slope Regional Corporation; and\n- $250 million acquisition of Halfaker and Associates, LLC, a leading federal health technology solutions provider Acentra Health, LLC, a Carlyle Group portfolio company, in its acquisition of EAP Consultants, LLC (d/b/a Espyr) SA Photonics, Inc. in its acquisition by CACI International Inc. (NYSE: CACI) Technology, Media and Telecommunications AccuLynx in its announced (and subsequently terminated) $2.35 billion acquisition by Verisk (Nasdaq: VRSK) Drone Racing League, Inc. in its $250 million acquisition by Infinite Reality, Inc. Digital Media Solutions, LLC in its $757 million de-SPAC business combination transaction with Leo Holdings Corp. Digital Media Solutions, Inc. (NYSE: DMS) in its acquisitions of:\nSmarterChaos, a digital marketing and online performance management agency\nAimtell and PushPros, providers of mobile and web-based push notification technology and solutions\nThe assets of Crisp Marketing, LLC, a digital performance advertising company\n  Gannett Co., Inc. in its:\n$1.4 billion take-private acquisition by New Media Investment Group Inc., a publicly traded media company managed by an affiliate of Fortress Investment Group LLC\nReceipt of an unsolicited acquisition proposal from and subsequent successful proxy contest against MNG Enterprises, Inc. The private equity arm of a pension fund in various transactions, including strategic co-investments in the technology, communication, energy and transportation industries ThreatQuotient, Inc. in its acquisition by Securonix, a portfolio company of Vista Equity Partners Healthcare and Insurance Aflac Incorporated in its:\nPurchase of an approximately 9% stake in and strategic alliance agreement with Trupanion\nSale of an approximately 7% stake to Japan Post Holdings Aquarian Holdings LLC in its initial formation and related acquisition of Investors Heritage Capital Corporation Centene Corporation (NYSE: CNC) in a number of transactions, including its:\n$17.3 billion merger with WellCare Health Plans, Inc.\nMedicare Advantage joint venture with Ascension Care Management\nInvestment in RxAdvance Corporation, a cloud-based pharmacy benefit manager\n  Highmark Inc. in its sale of Davis Vision, Inc. and a minority interest in Visionworks of America, Inc. to Centerbridge Partners, L.P., and the subsequent sale of Visionworks of America, Inc. to Vision Services Plan  Energy, Infrastructure and Real Estate Ridgewood Infrastructure LLC, a New York City-based infrastructure private equity fund, in its acquisition of APP Jet Center, a fixed–base operator (FBO) that owns and operates essential aviation infrastructure BOA Acquisition Corp. (NYSE: BOAS), a special purpose acquisition company (SPAC), in its $1.2 billion de-SPAC business combination transaction with Selina Hospitality Duke Energy Corporation (NYSE: DUK) in connection with two transactions totaling $2.4 billion: (i) the $1.2 billion sale of its power holdings in Brazil to China Three Gorges Corporation and (ii) the $1.2 billion sale of its power holdings in Peru, Chile, Ecuador, Guatemala, El Salvador and Argentina to I Squared Capital Advisors. This transaction was named Latin America Power M\u0026amp;A Deal of 2016 by Power Finance \u0026amp; Risk. Dynegy Inc. in its $3.3 billion acquisition of ENGIE, S.A.'s U.S. fossil electric generation portfolio Moelis \u0026amp; Company LLC as financial advisor to the Empire District Electric Company in its $2.4 billion acquisition by Algonquin Power \u0026amp; Utilities Corporation The AES Corporation and Alberta Investment Management Corporation (AIMCo) in their joint venture acquisition of sPower from Fir Tree Partners and its minority owners for approximately $1.6 billion (enterprise value). This transaction was named North America M\u0026amp;A Deal of the Year for 2017 by Power Finance \u0026amp; Risk.","searchable_name":"Drew L. Pollekoff","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":447573,"version":1,"owner_type":"Person","owner_id":3360,"payload":{"bio":"\u003cp\u003eMark is a Partner in the firm\u0026rsquo;s Healthcare practice and Co-Chairs the firm\u0026rsquo;s Life Sciences and Healthcare Industry Group, which is comprised of more than 300 lawyers across the firm.\u0026nbsp; As the former HHS Deputy Associate General Counsel for Litigation for the Centers for Medicare \u0026amp; Medicaid Services, Mark has over 20\u0026nbsp;years of experience in Medicare reimbursement policy and Medicare fraud defense and represents numerous health care systems and hospitals in navigating the Medicare regulatory environment.\u0026nbsp; Mark has served as the lead litigator on numerous Medicare reimbursement litigation cases defending providers against government enforcement actions, and frequently advises clients on Medicare reimbursement strategy and regulatory and compliance requirements.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eFor more than 20 years, Mark has counseled clients in navigating through the complex realm of Medicare, a regulatory environment so intricate that the Supreme Court has described it as \u0026ldquo;unintelligible to the uninitiated.\u0026rdquo;\u0026nbsp; In that vein, Mark specializes in representing clients and litigating complicated Medicare reimbursement issues, including the successful challenge to Medicare\u0026rsquo;s so-called \u0026ldquo;Two Midnight\u0026rdquo; 0.2 percent rate cut.\u0026nbsp; As a former high-ranking litigator within the Department of Health and Human Services, Mark brings credibility and an insider\u0026rsquo;s knowledge when advocating before the Centers for Medicare \u0026amp; Medicaid Services and Congress on Medicare and Medicaid issues.\u003c/p\u003e\n\u003cp\u003eDrawing upon his experience as CMS\u0026rsquo;s\u0026nbsp;former chief litigation counsel, Mark represents hundreds of hospitals in Medicare reimbursement appeals.\u0026nbsp; His cases typically challenge national Medicare reimbursement policies, with hundreds of millions of dollars at stake.\u0026nbsp; On the defense side, Mark\u0026rsquo;s years of government fraud enforcement experience and Medicare knowledge translates to surgically effective representation of providers in Medicare fraud investigations.\u003c/p\u003e\n\u003cp\u003eMark is more than just a litigator.\u0026nbsp; According to Chambers USA, sources praise Mark\u0026rsquo;s ability to \u0026ldquo;distill issues carefully and thoughtfully,\u0026rdquo; while also praising his \u0026ldquo;very client service-oriented\u0026rdquo; approach.\u0026nbsp; Given Mark\u0026rsquo;s vast knowledge of the pitfalls and complexities woven throughout the regulatory and compliance labyrinth of Medicare and Medicaid, Mark is able to counsel and strategize with clients on diverse topics such as Graduate Medical Education reimbursement for teaching hospitals, Medicare\u0026rsquo;s \u0026ldquo;provider-based\u0026rdquo; rules, and Medicare coverage standards for inpatient services.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eHis extensive and lengthy experience in handling complex Medicare and Medicaid issues has led Mark to be deemed a nationally-recognized expert, particularly on matters related to Medicare reimbursement.\u0026nbsp; Mark is also a frequent speaker and a Faculty Member of the Institute on Medicare and Medicaid Payment, and participates annually in the Institute\u0026rsquo;s conference sponsored by the American Health Lawyers\u0026rsquo; Association.\u0026nbsp; Mark is also co-editor of the\u0026nbsp;\u003cem\u003eReimbursement Advisor\u003c/em\u003e, a leading publication within the healthcare finance community.\u003c/p\u003e","slug":"mark-polston","email":"mpolston@kslaw.com","phone":null,"matters":["\u003cp\u003e\"Represented over 200 hospitals in a successful lawsuit challenging CMS's decision to cut inpatient Medicare hospital rates to offset the financial impact of the so-called Two Midnight rule, leading to a reversal of the policy by CMS and an influx of approximately $660 million in additional Medicare reimbursement to the nation's acute care hospitals.\"\u003c/p\u003e","\u003cp\u003e\"Won an $18 million arbitration award for a national healthcare company involving breach of contract and fraud claims against sellers of a Medicare-reimbursed hospice.\"\u003c/p\u003e","\u003cp\u003e\"Spearheaded the RAC Coalition, a group of the nation's leading hospitals which successfully lobbied for reform of the Medicare Recovery Audit Contractor program.\"\u003c/p\u003e","\u003cp\u003e\"Leading the Stark Reform Coalition, a consortium of hospitals seeking reform of the Stark Physician Self Referral Law.\"\u003c/p\u003e","\u003cp\u003e\"Representing an academic medical center in a False Claims Act investigation involving allegations of violations of the Medicare provider-based facility rule.\"\u003c/p\u003e","\u003cp\u003e\"Representing Community Health Systems in numerous cost report reimbursement appeals before the Provider Reimbursement Review Board and in federal court.\"\u003c/p\u003e","\u003cp\u003e\"Representing the Florida Hospital Association and several Florida hospitals in multi-million dollar group appeal challenge to CMS policy excluding Low Income Pool Section 1115 expansion waiver days from the Medicare DSH payment calculation.\"\u003c/p\u003e","\u003cp\u003e\"Counseled major Mid-Western hospital chain on reorganization of its Medicare Graduate Medical Education programs, including seeking rural re-designation of certain hospitals in order to maximize FTE 'cap space' and take advantage of relaxed rules for creation of 'new' medical education programs, all of which resulted in millions of dollars of additional Medicare reimbursement.\"\u003c/p\u003e","\u003cp\u003e\"Successfully assisted academic medical center in seeking 'on-campus' status from CMS for provider-based facility located more than 250 yards from campus, resulting in millions of dollars of additional Medicare reimbursement.\"\u003c/p\u003e","\u003cp\u003e\"Counseled numerous providers on the 60-day overpayment rule, including advising a hospice provider in identifying and returning a $10 million overpayment refund to the Medicare program.\"\u003c/p\u003e","\u003cp\u003e\"Representing 30 hospitals in a multi-million dollar challenge to CMS regulation which arbitrarily penalizes teaching hospitals for training medical fellows above their 'FTE cap.'\"\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":2,"guid":"2.capabilities","index":0,"source":"capabilities"},{"id":23,"guid":"23.capabilities","index":1,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":2,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":3,"source":"capabilities"},{"id":24,"guid":"24.capabilities","index":4,"source":"capabilities"},{"id":826,"guid":"826.smart_tags","index":5,"source":"smartTags"},{"id":952,"guid":"952.smart_tags","index":6,"source":"smartTags"},{"id":970,"guid":"970.smart_tags","index":7,"source":"smartTags"},{"id":109,"guid":"109.capabilities","index":8,"source":"capabilities"},{"id":1097,"guid":"1097.smart_tags","index":9,"source":"smartTags"},{"id":110,"guid":"110.capabilities","index":10,"source":"capabilities"},{"id":112,"guid":"112.capabilities","index":11,"source":"capabilities"},{"id":114,"guid":"114.capabilities","index":12,"source":"capabilities"},{"id":120,"guid":"120.capabilities","index":13,"source":"capabilities"},{"id":122,"guid":"122.capabilities","index":14,"source":"capabilities"},{"id":1202,"guid":"1202.smart_tags","index":15,"source":"smartTags"}],"is_active":true,"last_name":"Polston","nick_name":"Mark","clerkships":[{"name":"Law Clerk, Pierce Lively, U.S. Court of Appeals for the Sixth Circuit","years_held":"1988-1989"}],"first_name":"Mark","title_rank":9999,"updated_by":202,"law_schools":[{"id":824,"meta":{"degree":"J.D.","honors":"cum laude","is_law_school":"1","graduation_date":"1988-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"D.","name_suffix":"","recognitions":[{"title":"Source notes, “tremendous understanding of how enforcement agencies view and interpret the law...”","detail":"Chambers 2020 Healthcare"},{"title":"Sources praise his ability to “distill issues carefully and thoughtfully\"","detail":"Chambers 2017 Healthcare"},{"title":"Named a “Life Sciences Star”","detail":"LMG Life Sciences, 2016-2021"},{"title":"Ranked in the Healthcare: Service Providers category","detail":"The Legal 500, 2015"},{"title":"Received the Superior Achievement Award","detail":"HHS, Office of General Counsel"},{"title":"Received the Special Service Citation","detail":"CMS Administrator"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eMark is a Partner in the firm\u0026rsquo;s Healthcare practice and Co-Chairs the firm\u0026rsquo;s Life Sciences and Healthcare Industry Group, which is comprised of more than 300 lawyers across the firm.\u0026nbsp; As the former HHS Deputy Associate General Counsel for Litigation for the Centers for Medicare \u0026amp; Medicaid Services, Mark has over 20\u0026nbsp;years of experience in Medicare reimbursement policy and Medicare fraud defense and represents numerous health care systems and hospitals in navigating the Medicare regulatory environment.\u0026nbsp; Mark has served as the lead litigator on numerous Medicare reimbursement litigation cases defending providers against government enforcement actions, and frequently advises clients on Medicare reimbursement strategy and regulatory and compliance requirements.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eFor more than 20 years, Mark has counseled clients in navigating through the complex realm of Medicare, a regulatory environment so intricate that the Supreme Court has described it as \u0026ldquo;unintelligible to the uninitiated.\u0026rdquo;\u0026nbsp; In that vein, Mark specializes in representing clients and litigating complicated Medicare reimbursement issues, including the successful challenge to Medicare\u0026rsquo;s so-called \u0026ldquo;Two Midnight\u0026rdquo; 0.2 percent rate cut.\u0026nbsp; As a former high-ranking litigator within the Department of Health and Human Services, Mark brings credibility and an insider\u0026rsquo;s knowledge when advocating before the Centers for Medicare \u0026amp; Medicaid Services and Congress on Medicare and Medicaid issues.\u003c/p\u003e\n\u003cp\u003eDrawing upon his experience as CMS\u0026rsquo;s\u0026nbsp;former chief litigation counsel, Mark represents hundreds of hospitals in Medicare reimbursement appeals.\u0026nbsp; His cases typically challenge national Medicare reimbursement policies, with hundreds of millions of dollars at stake.\u0026nbsp; On the defense side, Mark\u0026rsquo;s years of government fraud enforcement experience and Medicare knowledge translates to surgically effective representation of providers in Medicare fraud investigations.\u003c/p\u003e\n\u003cp\u003eMark is more than just a litigator.\u0026nbsp; According to Chambers USA, sources praise Mark\u0026rsquo;s ability to \u0026ldquo;distill issues carefully and thoughtfully,\u0026rdquo; while also praising his \u0026ldquo;very client service-oriented\u0026rdquo; approach.\u0026nbsp; Given Mark\u0026rsquo;s vast knowledge of the pitfalls and complexities woven throughout the regulatory and compliance labyrinth of Medicare and Medicaid, Mark is able to counsel and strategize with clients on diverse topics such as Graduate Medical Education reimbursement for teaching hospitals, Medicare\u0026rsquo;s \u0026ldquo;provider-based\u0026rdquo; rules, and Medicare coverage standards for inpatient services.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eHis extensive and lengthy experience in handling complex Medicare and Medicaid issues has led Mark to be deemed a nationally-recognized expert, particularly on matters related to Medicare reimbursement.\u0026nbsp; Mark is also a frequent speaker and a Faculty Member of the Institute on Medicare and Medicaid Payment, and participates annually in the Institute\u0026rsquo;s conference sponsored by the American Health Lawyers\u0026rsquo; Association.\u0026nbsp; Mark is also co-editor of the\u0026nbsp;\u003cem\u003eReimbursement Advisor\u003c/em\u003e, a leading publication within the healthcare finance community.\u003c/p\u003e","matters":["\u003cp\u003e\"Represented over 200 hospitals in a successful lawsuit challenging CMS's decision to cut inpatient Medicare hospital rates to offset the financial impact of the so-called Two Midnight rule, leading to a reversal of the policy by CMS and an influx of approximately $660 million in additional Medicare reimbursement to the nation's acute care hospitals.\"\u003c/p\u003e","\u003cp\u003e\"Won an $18 million arbitration award for a national healthcare company involving breach of contract and fraud claims against sellers of a Medicare-reimbursed hospice.\"\u003c/p\u003e","\u003cp\u003e\"Spearheaded the RAC Coalition, a group of the nation's leading hospitals which successfully lobbied for reform of the Medicare Recovery Audit Contractor program.\"\u003c/p\u003e","\u003cp\u003e\"Leading the Stark Reform Coalition, a consortium of hospitals seeking reform of the Stark Physician Self Referral Law.\"\u003c/p\u003e","\u003cp\u003e\"Representing an academic medical center in a False Claims Act investigation involving allegations of violations of the Medicare provider-based facility rule.\"\u003c/p\u003e","\u003cp\u003e\"Representing Community Health Systems in numerous cost report reimbursement appeals before the Provider Reimbursement Review Board and in federal court.\"\u003c/p\u003e","\u003cp\u003e\"Representing the Florida Hospital Association and several Florida hospitals in multi-million dollar group appeal challenge to CMS policy excluding Low Income Pool Section 1115 expansion waiver days from the Medicare DSH payment calculation.\"\u003c/p\u003e","\u003cp\u003e\"Counseled major Mid-Western hospital chain on reorganization of its Medicare Graduate Medical Education programs, including seeking rural re-designation of certain hospitals in order to maximize FTE 'cap space' and take advantage of relaxed rules for creation of 'new' medical education programs, all of which resulted in millions of dollars of additional Medicare reimbursement.\"\u003c/p\u003e","\u003cp\u003e\"Successfully assisted academic medical center in seeking 'on-campus' status from CMS for provider-based facility located more than 250 yards from campus, resulting in millions of dollars of additional Medicare reimbursement.\"\u003c/p\u003e","\u003cp\u003e\"Counseled numerous providers on the 60-day overpayment rule, including advising a hospice provider in identifying and returning a $10 million overpayment refund to the Medicare program.\"\u003c/p\u003e","\u003cp\u003e\"Representing 30 hospitals in a multi-million dollar challenge to CMS regulation which arbitrarily penalizes teaching hospitals for training medical fellows above their 'FTE cap.'\"\u003c/p\u003e"],"recognitions":[{"title":"Source notes, “tremendous understanding of how enforcement agencies view and interpret the law...”","detail":"Chambers 2020 Healthcare"},{"title":"Sources praise his ability to “distill issues carefully and thoughtfully\"","detail":"Chambers 2017 Healthcare"},{"title":"Named a “Life Sciences Star”","detail":"LMG Life Sciences, 2016-2021"},{"title":"Ranked in the Healthcare: Service Providers category","detail":"The Legal 500, 2015"},{"title":"Received the Superior Achievement Award","detail":"HHS, Office of General Counsel"},{"title":"Received the Special Service Citation","detail":"CMS Administrator"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":11658}]},"capability_group_id":2},"created_at":"2026-04-15T20:55:41.000Z","updated_at":"2026-04-15T20:55:41.000Z","searchable_text":"Polston{{ FIELD }}{:title=\u0026gt;\"Source notes, “tremendous understanding of how enforcement agencies view and interpret the law...”\", :detail=\u0026gt;\"Chambers 2020 Healthcare\"}{{ FIELD }}{:title=\u0026gt;\"Sources praise his ability to “distill issues carefully and thoughtfully\\\"\", :detail=\u0026gt;\"Chambers 2017 Healthcare\"}{{ FIELD }}{:title=\u0026gt;\"Named a “Life Sciences Star”\", :detail=\u0026gt;\"LMG Life Sciences, 2016-2021\"}{{ FIELD }}{:title=\u0026gt;\"Ranked in the Healthcare: Service Providers category\", :detail=\u0026gt;\"The Legal 500, 2015\"}{{ FIELD }}{:title=\u0026gt;\"Received the Superior Achievement Award\", :detail=\u0026gt;\"HHS, Office of General Counsel\"}{{ FIELD }}{:title=\u0026gt;\"Received the Special Service Citation\", :detail=\u0026gt;\"CMS Administrator\"}{{ FIELD }}\"Represented over 200 hospitals in a successful lawsuit challenging CMS's decision to cut inpatient Medicare hospital rates to offset the financial impact of the so-called Two Midnight rule, leading to a reversal of the policy by CMS and an influx of approximately $660 million in additional Medicare reimbursement to the nation's acute care hospitals.\"{{ FIELD }}\"Won an $18 million arbitration award for a national healthcare company involving breach of contract and fraud claims against sellers of a Medicare-reimbursed hospice.\"{{ FIELD }}\"Spearheaded the RAC Coalition, a group of the nation's leading hospitals which successfully lobbied for reform of the Medicare Recovery Audit Contractor program.\"{{ FIELD }}\"Leading the Stark Reform Coalition, a consortium of hospitals seeking reform of the Stark Physician Self Referral Law.\"{{ FIELD }}\"Representing an academic medical center in a False Claims Act investigation involving allegations of violations of the Medicare provider-based facility rule.\"{{ FIELD }}\"Representing Community Health Systems in numerous cost report reimbursement appeals before the Provider Reimbursement Review Board and in federal court.\"{{ FIELD }}\"Representing the Florida Hospital Association and several Florida hospitals in multi-million dollar group appeal challenge to CMS policy excluding Low Income Pool Section 1115 expansion waiver days from the Medicare DSH payment calculation.\"{{ FIELD }}\"Counseled major Mid-Western hospital chain on reorganization of its Medicare Graduate Medical Education programs, including seeking rural re-designation of certain hospitals in order to maximize FTE 'cap space' and take advantage of relaxed rules for creation of 'new' medical education programs, all of which resulted in millions of dollars of additional Medicare reimbursement.\"{{ FIELD }}\"Successfully assisted academic medical center in seeking 'on-campus' status from CMS for provider-based facility located more than 250 yards from campus, resulting in millions of dollars of additional Medicare reimbursement.\"{{ FIELD }}\"Counseled numerous providers on the 60-day overpayment rule, including advising a hospice provider in identifying and returning a $10 million overpayment refund to the Medicare program.\"{{ FIELD }}\"Representing 30 hospitals in a multi-million dollar challenge to CMS regulation which arbitrarily penalizes teaching hospitals for training medical fellows above their 'FTE cap.'\"{{ FIELD }}Mark is a Partner in the firm’s Healthcare practice and Co-Chairs the firm’s Life Sciences and Healthcare Industry Group, which is comprised of more than 300 lawyers across the firm.  As the former HHS Deputy Associate General Counsel for Litigation for the Centers for Medicare \u0026amp; Medicaid Services, Mark has over 20 years of experience in Medicare reimbursement policy and Medicare fraud defense and represents numerous health care systems and hospitals in navigating the Medicare regulatory environment.  Mark has served as the lead litigator on numerous Medicare reimbursement litigation cases defending providers against government enforcement actions, and frequently advises clients on Medicare reimbursement strategy and regulatory and compliance requirements.\nFor more than 20 years, Mark has counseled clients in navigating through the complex realm of Medicare, a regulatory environment so intricate that the Supreme Court has described it as “unintelligible to the uninitiated.”  In that vein, Mark specializes in representing clients and litigating complicated Medicare reimbursement issues, including the successful challenge to Medicare’s so-called “Two Midnight” 0.2 percent rate cut.  As a former high-ranking litigator within the Department of Health and Human Services, Mark brings credibility and an insider’s knowledge when advocating before the Centers for Medicare \u0026amp; Medicaid Services and Congress on Medicare and Medicaid issues.\nDrawing upon his experience as CMS’s former chief litigation counsel, Mark represents hundreds of hospitals in Medicare reimbursement appeals.  His cases typically challenge national Medicare reimbursement policies, with hundreds of millions of dollars at stake.  On the defense side, Mark’s years of government fraud enforcement experience and Medicare knowledge translates to surgically effective representation of providers in Medicare fraud investigations.\nMark is more than just a litigator.  According to Chambers USA, sources praise Mark’s ability to “distill issues carefully and thoughtfully,” while also praising his “very client service-oriented” approach.  Given Mark’s vast knowledge of the pitfalls and complexities woven throughout the regulatory and compliance labyrinth of Medicare and Medicaid, Mark is able to counsel and strategize with clients on diverse topics such as Graduate Medical Education reimbursement for teaching hospitals, Medicare’s “provider-based” rules, and Medicare coverage standards for inpatient services. \nHis extensive and lengthy experience in handling complex Medicare and Medicaid issues has led Mark to be deemed a nationally-recognized expert, particularly on matters related to Medicare reimbursement.  Mark is also a frequent speaker and a Faculty Member of the Institute on Medicare and Medicaid Payment, and participates annually in the Institute’s conference sponsored by the American Health Lawyers’ Association.  Mark is also co-editor of the Reimbursement Advisor, a leading publication within the healthcare finance community. Partner Source notes, “tremendous understanding of how enforcement agencies view and interpret the law...” Chambers 2020 Healthcare Sources praise his ability to “distill issues carefully and thoughtfully\" Chambers 2017 Healthcare Named a “Life Sciences Star” LMG Life Sciences, 2016-2021 Ranked in the Healthcare: Service Providers category The Legal 500, 2015 Received the Superior Achievement Award HHS, Office of General Counsel Received the Special Service Citation CMS Administrator University of Dayton University of Dayton School of Law Harvard University Harvard Law School Supreme Court of the United States U.S. Court of Appeals for the Ninth Circuit U.S. Court of Appeals for the D.C. Circuit California District of Columbia Maryland Law Clerk, Pierce Lively, U.S. Court of Appeals for the Sixth Circuit \"Represented over 200 hospitals in a successful lawsuit challenging CMS's decision to cut inpatient Medicare hospital rates to offset the financial impact of the so-called Two Midnight rule, leading to a reversal of the policy by CMS and an influx of approximately $660 million in additional Medicare reimbursement to the nation's acute care hospitals.\" \"Won an $18 million arbitration award for a national healthcare company involving breach of contract and fraud claims against sellers of a Medicare-reimbursed hospice.\" \"Spearheaded the RAC Coalition, a group of the nation's leading hospitals which successfully lobbied for reform of the Medicare Recovery Audit Contractor program.\" \"Leading the Stark Reform Coalition, a consortium of hospitals seeking reform of the Stark Physician Self Referral Law.\" \"Representing an academic medical center in a False Claims Act investigation involving allegations of violations of the Medicare provider-based facility rule.\" \"Representing Community Health Systems in numerous cost report reimbursement appeals before the Provider Reimbursement Review Board and in federal court.\" \"Representing the Florida Hospital Association and several Florida hospitals in multi-million dollar group appeal challenge to CMS policy excluding Low Income Pool Section 1115 expansion waiver days from the Medicare DSH payment calculation.\" \"Counseled major Mid-Western hospital chain on reorganization of its Medicare Graduate Medical Education programs, including seeking rural re-designation of certain hospitals in order to maximize FTE 'cap space' and take advantage of relaxed rules for creation of 'new' medical education programs, all of which resulted in millions of dollars of additional Medicare reimbursement.\" \"Successfully assisted academic medical center in seeking 'on-campus' status from CMS for provider-based facility located more than 250 yards from campus, resulting in millions of dollars of additional Medicare reimbursement.\" \"Counseled numerous providers on the 60-day overpayment rule, including advising a hospice provider in identifying and returning a $10 million overpayment refund to the Medicare program.\" \"Representing 30 hospitals in a multi-million dollar challenge to CMS regulation which arbitrarily penalizes teaching hospitals for training medical fellows above their 'FTE cap.'\"","searchable_name":"Mark D. Polston","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":444700,"version":1,"owner_type":"Person","owner_id":6216,"payload":{"bio":"\u003cp\u003eAlison Pearman is a staff attorney in our Corporate, Finance and Investments practice. Alison specializes in structured finance and securitization matters, representing issuers, underwriters, and other clients in a variety of asset-backed financing transactions, both public and private. Alison primarily represents data center clients in connection with their asset-backed securitizations and other financing transactions.\u003c/p\u003e","slug":"alison-pearman","email":"apearman@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":107,"guid":"107.capabilities","index":0,"source":"capabilities"},{"id":75,"guid":"75.capabilities","index":1,"source":"capabilities"}],"is_active":true,"last_name":"Pearman","nick_name":"Alison","clerkships":[],"first_name":"Alison","title_rank":9999,"updated_by":35,"law_schools":[{"id":2162,"meta":{"degree":"J.D.","honors":null,"is_law_school":1,"graduation_date":"2006-01-01 00:00:00 UTC"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"Elizabeth","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":14,"translated_fields":{"en":{"bio":"\u003cp\u003eAlison Pearman is a staff attorney in our Corporate, Finance and Investments practice. Alison specializes in structured finance and securitization matters, representing issuers, underwriters, and other clients in a variety of asset-backed financing transactions, both public and private. Alison primarily represents data center clients in connection with their asset-backed securitizations and other financing transactions.\u003c/p\u003e"},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":11992}]},"capability_group_id":1},"created_at":"2026-01-02T16:00:32.000Z","updated_at":"2026-01-02T16:00:32.000Z","searchable_text":"Pearman{{ FIELD }}Alison Pearman is a staff attorney in our Corporate, Finance and Investments practice. Alison specializes in structured finance and securitization matters, representing issuers, underwriters, and other clients in a variety of asset-backed financing transactions, both public and private. Alison primarily represents data center clients in connection with their asset-backed securitizations and other financing transactions. Counsel University of California, Berkeley University of California, Berkeley, School of Law University of California-Los Angeles UCLA School of Law California District of Columbia","searchable_name":"Alison Elizabeth Pearman","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":35,"capability_group_featured":null,"home_page_featured":null},{"id":426405,"version":1,"owner_type":"Person","owner_id":3306,"payload":{"bio":"\u003cp\u003eEd\u0026nbsp;Power is counsel in King \u0026amp; Spalding\u0026rsquo;s Special Matters and Investigations practice.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eEd is a seasoned trial attorney, investigator, and advocate who represents companies and individuals in government and internal investigations, regulatory proceedings, criminal defense matters, and related civil litigation.\u0026nbsp; He has significant experience in both government and private practice, and defends\u0026nbsp;clients in investigations brought by the U.S. Department of Justice and Securities and Exchange Commission, and in particular against allegations involving the False Claims Act and criminal tax laws.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003ePrior to joining our firm, Ed\u0026nbsp;was a federal prosecutor, first with the Criminal Enforcement Section of the U.S. Department of Justice\u0026rsquo;s Tax Division and then as an Assistant U.S. Attorney with the United States Attorney's Office for the Eastern District of Virginia.\u0026nbsp; In those roles, Ed\u0026nbsp;led investigations and eleven jury trials that resulted in the convictions of more than 100 individuals and entities for felony offenses.\u003c/p\u003e\n\u003cp\u003eBefore beginning his legal career, Ed\u0026nbsp;served as an infantry officer in the United States Marine Corps and attained the rank of Captain.\u003c/p\u003e","slug":"edmund-power","email":"epower@kslaw.com","phone":null,"matters":["\u003cp\u003eRepresenting former CFO of regenerative medicine company in long-running defense against complaint filed by SEC alleging securities fraud in connection with revenue recognition.\u003c/p\u003e","\u003cp\u003eObtained dismissal of False Claims Act complaint in the Eastern District of Virginia alleging improper conduct by major accounting firm in connection with defense contract submissions.\u003c/p\u003e","\u003cp\u003eObtained dismissal of False Claims Act whistleblower lawsuit alleging off-label marketing and kickback violations against publicly traded pharmaceutical company.\u003c/p\u003e","\u003cp\u003eOngoing defense of investment firm in confidential federal criminal tax investigation.\u003c/p\u003e","\u003cp\u003eMember of trial team that obtained full jury acquittal on all charges of Vascular Solutions, Inc., a publicly traded medical device company, in federal criminal trial stemming from alleged conspiracy and off-label marketing charges.\u003c/p\u003e","\u003cp\u003eSuccessful representation of\u0026nbsp;\u003cem\u003eFortune\u003c/em\u003e\u0026nbsp;50 logistics company in resolving False Claims Act\u0026nbsp;\u003cem\u003equi tam\u003c/em\u003e\u0026nbsp;litigation brought by the federal government and 17 state attorneys general in the Eastern District of Virginia.\u003c/p\u003e","\u003cp\u003eRepresented international financial institution during criminal tax proceedings in the Eastern District of Virginia.\u003c/p\u003e","\u003cp\u003eDeclination of DOJ criminal and civil investigation of a publicly traded global medical device company based on allegations of off-label marketing and violations of the federal false claims act.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":11,"guid":"11.capabilities","index":0,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":1,"source":"capabilities"},{"id":1199,"guid":"1199.smart_tags","index":2,"source":"smartTags"},{"id":952,"guid":"952.smart_tags","index":3,"source":"smartTags"},{"id":1153,"guid":"1153.smart_tags","index":4,"source":"smartTags"},{"id":20,"guid":"20.capabilities","index":5,"source":"capabilities"},{"id":750,"guid":"750.smart_tags","index":6,"source":"smartTags"}],"is_active":true,"last_name":"Power","nick_name":"Edmund","clerkships":[],"first_name":"Edmund","title_rank":9999,"updated_by":35,"law_schools":[{"id":2484,"meta":{"degree":"J.D.","honors":"Magna Cum Laude","is_law_school":1,"graduation_date":"2003-01-01 00:00:00 UTC"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":14,"translated_fields":{"en":{"bio":"\u003cp\u003eEd\u0026nbsp;Power is counsel in King \u0026amp; Spalding\u0026rsquo;s Special Matters and Investigations practice.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eEd is a seasoned trial attorney, investigator, and advocate who represents companies and individuals in government and internal investigations, regulatory proceedings, criminal defense matters, and related civil litigation.\u0026nbsp; He has significant experience in both government and private practice, and defends\u0026nbsp;clients in investigations brought by the U.S. Department of Justice and Securities and Exchange Commission, and in particular against allegations involving the False Claims Act and criminal tax laws.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003ePrior to joining our firm, Ed\u0026nbsp;was a federal prosecutor, first with the Criminal Enforcement Section of the U.S. Department of Justice\u0026rsquo;s Tax Division and then as an Assistant U.S. Attorney with the United States Attorney's Office for the Eastern District of Virginia.\u0026nbsp; In those roles, Ed\u0026nbsp;led investigations and eleven jury trials that resulted in the convictions of more than 100 individuals and entities for felony offenses.\u003c/p\u003e\n\u003cp\u003eBefore beginning his legal career, Ed\u0026nbsp;served as an infantry officer in the United States Marine Corps and attained the rank of Captain.\u003c/p\u003e","matters":["\u003cp\u003eRepresenting former CFO of regenerative medicine company in long-running defense against complaint filed by SEC alleging securities fraud in connection with revenue recognition.\u003c/p\u003e","\u003cp\u003eObtained dismissal of False Claims Act complaint in the Eastern District of Virginia alleging improper conduct by major accounting firm in connection with defense contract submissions.\u003c/p\u003e","\u003cp\u003eObtained dismissal of False Claims Act whistleblower lawsuit alleging off-label marketing and kickback violations against publicly traded pharmaceutical company.\u003c/p\u003e","\u003cp\u003eOngoing defense of investment firm in confidential federal criminal tax investigation.\u003c/p\u003e","\u003cp\u003eMember of trial team that obtained full jury acquittal on all charges of Vascular Solutions, Inc., a publicly traded medical device company, in federal criminal trial stemming from alleged conspiracy and off-label marketing charges.\u003c/p\u003e","\u003cp\u003eSuccessful representation of\u0026nbsp;\u003cem\u003eFortune\u003c/em\u003e\u0026nbsp;50 logistics company in resolving False Claims Act\u0026nbsp;\u003cem\u003equi tam\u003c/em\u003e\u0026nbsp;litigation brought by the federal government and 17 state attorneys general in the Eastern District of Virginia.\u003c/p\u003e","\u003cp\u003eRepresented international financial institution during criminal tax proceedings in the Eastern District of Virginia.\u003c/p\u003e","\u003cp\u003eDeclination of DOJ criminal and civil investigation of a publicly traded global medical device company based on allegations of off-label marketing and violations of the federal false claims act.\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":11985}]},"capability_group_id":2},"created_at":"2025-05-26T04:52:29.000Z","updated_at":"2025-05-26T04:52:29.000Z","searchable_text":"Power{{ FIELD }}Representing former CFO of regenerative medicine company in long-running defense against complaint filed by SEC alleging securities fraud in connection with revenue recognition.{{ FIELD }}Obtained dismissal of False Claims Act complaint in the Eastern District of Virginia alleging improper conduct by major accounting firm in connection with defense contract submissions.{{ FIELD }}Obtained dismissal of False Claims Act whistleblower lawsuit alleging off-label marketing and kickback violations against publicly traded pharmaceutical company.{{ FIELD }}Ongoing defense of investment firm in confidential federal criminal tax investigation.{{ FIELD }}Member of trial team that obtained full jury acquittal on all charges of Vascular Solutions, Inc., a publicly traded medical device company, in federal criminal trial stemming from alleged conspiracy and off-label marketing charges.{{ FIELD }}Successful representation of Fortune 50 logistics company in resolving False Claims Act qui tam litigation brought by the federal government and 17 state attorneys general in the Eastern District of Virginia.{{ FIELD }}Represented international financial institution during criminal tax proceedings in the Eastern District of Virginia.{{ FIELD }}Declination of DOJ criminal and civil investigation of a publicly traded global medical device company based on allegations of off-label marketing and violations of the federal false claims act.{{ FIELD }}Ed Power is counsel in King \u0026amp; Spalding’s Special Matters and Investigations practice.\nEd is a seasoned trial attorney, investigator, and advocate who represents companies and individuals in government and internal investigations, regulatory proceedings, criminal defense matters, and related civil litigation.  He has significant experience in both government and private practice, and defends clients in investigations brought by the U.S. Department of Justice and Securities and Exchange Commission, and in particular against allegations involving the False Claims Act and criminal tax laws. \nPrior to joining our firm, Ed was a federal prosecutor, first with the Criminal Enforcement Section of the U.S. Department of Justice’s Tax Division and then as an Assistant U.S. Attorney with the United States Attorney's Office for the Eastern District of Virginia.  In those roles, Ed led investigations and eleven jury trials that resulted in the convictions of more than 100 individuals and entities for felony offenses.\nBefore beginning his legal career, Ed served as an infantry officer in the United States Marine Corps and attained the rank of Captain. Counsel College of the Holy Cross  Washington and Lee University Washington and Lee University School of Law U.S. District Court for the Eastern District of Virginia District of Columbia Virginia Representing former CFO of regenerative medicine company in long-running defense against complaint filed by SEC alleging securities fraud in connection with revenue recognition. Obtained dismissal of False Claims Act complaint in the Eastern District of Virginia alleging improper conduct by major accounting firm in connection with defense contract submissions. Obtained dismissal of False Claims Act whistleblower lawsuit alleging off-label marketing and kickback violations against publicly traded pharmaceutical company. Ongoing defense of investment firm in confidential federal criminal tax investigation. Member of trial team that obtained full jury acquittal on all charges of Vascular Solutions, Inc., a publicly traded medical device company, in federal criminal trial stemming from alleged conspiracy and off-label marketing charges. Successful representation of Fortune 50 logistics company in resolving False Claims Act qui tam litigation brought by the federal government and 17 state attorneys general in the Eastern District of Virginia. Represented international financial institution during criminal tax proceedings in the Eastern District of Virginia. Declination of DOJ criminal and civil investigation of a publicly traded global medical device company based on allegations of off-label marketing and violations of the federal false claims act.","searchable_name":"Edmund Power","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":35,"capability_group_featured":null,"home_page_featured":null},{"id":444648,"version":1,"owner_type":"Person","owner_id":5204,"payload":{"bio":"\u003cp\u003eRebecca Paradis is an associate in King \u0026amp; Spalding\u0026rsquo;s FDA and Life Sciences Practice Group and is based in the firm\u0026rsquo;s Washington, D.C. office. She advises life sciences and food companies on a broad range of regulatory matters and provides strategic counsel in product liability and false advertising litigation where regulatory issues are at the forefront.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eRebecca earned her J.D. from Georgetown University Law Center, where she also served as a fellow with the Health Justice Alliance, advocating for low-income families facing legal barriers to medical care. She also gained valuable experience in public policy and government through roles with the U.S. Senate Judiciary Committee and the New York Attorney General\u0026rsquo;s Office.\u003c/p\u003e\n\u003cp\u003eBefore law school, Rebecca was a program director at the Network for Excellence in Health Innovation (NEHI), where she led multi-stakeholder policy initiatives and authored publications on key issues impacting the pharmaceutical and medical device industries. She holds both an M.P.A. and a B.A. from Clark University.\u003c/p\u003e","slug":"rebecca-paradis","email":"rparadis@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":21,"guid":"21.capabilities","index":0,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":1,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":2,"source":"capabilities"},{"id":11,"guid":"11.capabilities","index":3,"source":"capabilities"},{"id":114,"guid":"114.capabilities","index":4,"source":"capabilities"},{"id":17,"guid":"17.capabilities","index":5,"source":"capabilities"},{"id":105,"guid":"105.capabilities","index":6,"source":"capabilities"}],"is_active":true,"last_name":"Paradis","nick_name":"Becka","clerkships":[],"first_name":"Rebecca","title_rank":9999,"updated_by":202,"law_schools":[{"id":755,"meta":{"degree":"J.D.","honors":"","is_law_school":"1","graduation_date":"2019-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"L.","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":75,"translated_fields":{"en":{"bio":"\u003cp\u003eRebecca Paradis is an associate in King \u0026amp; Spalding\u0026rsquo;s FDA and Life Sciences Practice Group and is based in the firm\u0026rsquo;s Washington, D.C. office. She advises life sciences and food companies on a broad range of regulatory matters and provides strategic counsel in product liability and false advertising litigation where regulatory issues are at the forefront.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eRebecca earned her J.D. from Georgetown University Law Center, where she also served as a fellow with the Health Justice Alliance, advocating for low-income families facing legal barriers to medical care. She also gained valuable experience in public policy and government through roles with the U.S. Senate Judiciary Committee and the New York Attorney General\u0026rsquo;s Office.\u003c/p\u003e\n\u003cp\u003eBefore law school, Rebecca was a program director at the Network for Excellence in Health Innovation (NEHI), where she led multi-stakeholder policy initiatives and authored publications on key issues impacting the pharmaceutical and medical device industries. She holds both an M.P.A. and a B.A. from Clark University.\u003c/p\u003e"},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":9986}]},"capability_group_id":2},"created_at":"2026-01-02T15:57:00.000Z","updated_at":"2026-01-02T15:57:00.000Z","searchable_text":"Paradis{{ FIELD }}Rebecca Paradis is an associate in King \u0026amp; Spalding’s FDA and Life Sciences Practice Group and is based in the firm’s Washington, D.C. office. She advises life sciences and food companies on a broad range of regulatory matters and provides strategic counsel in product liability and false advertising litigation where regulatory issues are at the forefront.\nRebecca earned her J.D. from Georgetown University Law Center, where she also served as a fellow with the Health Justice Alliance, advocating for low-income families facing legal barriers to medical care. She also gained valuable experience in public policy and government through roles with the U.S. Senate Judiciary Committee and the New York Attorney General’s Office.\nBefore law school, Rebecca was a program director at the Network for Excellence in Health Innovation (NEHI), where she led multi-stakeholder policy initiatives and authored publications on key issues impacting the pharmaceutical and medical device industries. She holds both an M.P.A. and a B.A. from Clark University. Senior Associate Clark University Clark University Georgetown University Georgetown University Law Center Clark University Clark University U.S. District Court for the District of Massachusetts District of Columbia Massachusetts","searchable_name":"Rebecca L. Paradis (Becka)","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":434202,"version":1,"owner_type":"Person","owner_id":4087,"payload":{"bio":"\u003cp\u003eAlek Pivec is an associate in the Washington, D.C. office of King \u0026amp; Spalding and a member of the firm\u0026rsquo;s Healthcare practice.\u0026nbsp; Alek specializes in representing hospitals and other healthcare providers in reimbursement controversies involving government payors such as Medicare and Medicaid.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eHis practice focuses primarily on Medicare reimbursement litigation before the Provider Reimbursement Review Board and strategic reimbursement counseling.\u0026nbsp; Alek has represented hospitals, academic medical centers and other providers in Medicare reimbursement matters involving graduate medical education, nursing and allied health education, and disproportionate share hospital payments.\u0026nbsp; He has also advised clients on enrollment and compliance issues related to the 340B Drug Pricing Program and on False Claims Act investigations and litigation.\u0026nbsp;\u003c/p\u003e","slug":"alek-pivec","email":"apivec@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":81,"guid":"81.capabilities","index":0,"source":"capabilities"},{"id":24,"guid":"24.capabilities","index":1,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":2,"source":"capabilities"}],"is_active":true,"last_name":"Pivec","nick_name":"Alek","clerkships":[],"first_name":"Alek","title_rank":9999,"updated_by":202,"law_schools":[{"id":755,"meta":{"degree":"J.D.","honors":"","is_law_school":"1","graduation_date":"2015-01-01 00:00:00"},"order":0,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"Associates to watch: Healthcare","detail":"Chambers and Partners (2025)"}],"linked_in_url":null,"seodescription":null,"primary_title_id":75,"translated_fields":{"en":{"bio":"\u003cp\u003eAlek Pivec is an associate in the Washington, D.C. office of King \u0026amp; Spalding and a member of the firm\u0026rsquo;s Healthcare practice.\u0026nbsp; Alek specializes in representing hospitals and other healthcare providers in reimbursement controversies involving government payors such as Medicare and Medicaid.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eHis practice focuses primarily on Medicare reimbursement litigation before the Provider Reimbursement Review Board and strategic reimbursement counseling.\u0026nbsp; Alek has represented hospitals, academic medical centers and other providers in Medicare reimbursement matters involving graduate medical education, nursing and allied health education, and disproportionate share hospital payments.\u0026nbsp; He has also advised clients on enrollment and compliance issues related to the 340B Drug Pricing Program and on False Claims Act investigations and litigation.\u0026nbsp;\u003c/p\u003e","recognitions":[{"title":"Associates to watch: Healthcare","detail":"Chambers and Partners (2025)"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":12358}]},"capability_group_id":2},"created_at":"2025-08-11T17:19:17.000Z","updated_at":"2025-08-11T17:19:17.000Z","searchable_text":"Pivec{{ FIELD }}{:title=\u0026gt;\"Associates to watch: Healthcare\", :detail=\u0026gt;\"Chambers and Partners (2025)\"}{{ FIELD }}Alek Pivec is an associate in the Washington, D.C. office of King \u0026amp; Spalding and a member of the firm’s Healthcare practice.  Alek specializes in representing hospitals and other healthcare providers in reimbursement controversies involving government payors such as Medicare and Medicaid. \nHis practice focuses primarily on Medicare reimbursement litigation before the Provider Reimbursement Review Board and strategic reimbursement counseling.  Alek has represented hospitals, academic medical centers and other providers in Medicare reimbursement matters involving graduate medical education, nursing and allied health education, and disproportionate share hospital payments.  He has also advised clients on enrollment and compliance issues related to the 340B Drug Pricing Program and on False Claims Act investigations and litigation.  Senior Associate Associates to watch: Healthcare Chambers and Partners (2025) Georgetown University Georgetown University Law Center District of Columbia Virginia","searchable_name":"Alek Pivec","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":447542,"version":1,"owner_type":"Person","owner_id":6848,"payload":{"bio":"\u003cp\u003eEvelyn Pereira is an associate in King \u0026amp; Spalding\u0026rsquo;s Washington D.C. office and a member of the firm\u0026rsquo;s FDA \u0026amp; Life Sciences practice. Evelyn advises medical device, pharmaceutical, food, beverage and supplement\u0026nbsp;companies with regulatory, compliance, litigation and enforcement matters. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePrior to joining the firm, Evelyn spent eight years as a Biologist in FDA's Center for Food Safety and Applied Nutrition (CFSAN), where she led emergency preparedness and response activities related to outbreak investigations involving food, cosmetics, and dietary supplements. In that capacity, Evelyn managed multidisciplinary investigation teams composed of FDA subject-matter experts and local, state, federal, and international regulatory and public health partners. She provided subject-matter expertise for food traceability assessments and coordinated inspections, product sampling, recalls, public advisories, and industry engagement. Evelyn has also delivered outbreak response trainings to state, federal, and international partners and has authored multiple publications.\u003c/p\u003e\n\u003cp\u003e\u003cbr data-cke-eol=\"1\"\u003e\u003cbr\u003e\u003c/p\u003e","slug":"evelyn-pereira","email":"epereira@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":21,"guid":"21.capabilities","index":0,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":1,"source":"capabilities"},{"id":105,"guid":"105.capabilities","index":2,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":3,"source":"capabilities"}],"is_active":true,"last_name":"Pereira","nick_name":"Evelyn","clerkships":[{"name":"Intern, Hon. Moxila A. Upadhyaya, U.S. District Court for the District of Columbia","years_held":"2024 - 2024"}],"first_name":"Evelyn","title_rank":9999,"updated_by":202,"law_schools":[{"id":753,"meta":{"degree":"J.D.","honors":"","is_law_school":"1","graduation_date":null},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":2,"translated_fields":{"en":{"bio":"\u003cp\u003eEvelyn Pereira is an associate in King \u0026amp; Spalding\u0026rsquo;s Washington D.C. office and a member of the firm\u0026rsquo;s FDA \u0026amp; Life Sciences practice. Evelyn advises medical device, pharmaceutical, food, beverage and supplement\u0026nbsp;companies with regulatory, compliance, litigation and enforcement matters. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePrior to joining the firm, Evelyn spent eight years as a Biologist in FDA's Center for Food Safety and Applied Nutrition (CFSAN), where she led emergency preparedness and response activities related to outbreak investigations involving food, cosmetics, and dietary supplements. In that capacity, Evelyn managed multidisciplinary investigation teams composed of FDA subject-matter experts and local, state, federal, and international regulatory and public health partners. She provided subject-matter expertise for food traceability assessments and coordinated inspections, product sampling, recalls, public advisories, and industry engagement. Evelyn has also delivered outbreak response trainings to state, federal, and international partners and has authored multiple publications.\u003c/p\u003e\n\u003cp\u003e\u003cbr data-cke-eol=\"1\"\u003e\u003cbr\u003e\u003c/p\u003e"},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":12356}]},"capability_group_id":null},"created_at":"2026-04-15T17:41:08.000Z","updated_at":"2026-04-15T17:41:08.000Z","searchable_text":"Pereira{{ FIELD }}Evelyn Pereira is an associate in King \u0026amp; Spalding’s Washington D.C. office and a member of the firm’s FDA \u0026amp; Life Sciences practice. Evelyn advises medical device, pharmaceutical, food, beverage and supplement companies with regulatory, compliance, litigation and enforcement matters. \nPrior to joining the firm, Evelyn spent eight years as a Biologist in FDA's Center for Food Safety and Applied Nutrition (CFSAN), where she led emergency preparedness and response activities related to outbreak investigations involving food, cosmetics, and dietary supplements. In that capacity, Evelyn managed multidisciplinary investigation teams composed of FDA subject-matter experts and local, state, federal, and international regulatory and public health partners. She provided subject-matter expertise for food traceability assessments and coordinated inspections, product sampling, recalls, public advisories, and industry engagement. Evelyn has also delivered outbreak response trainings to state, federal, and international partners and has authored multiple publications.\n Associate The College of New Jersey  George Washington University George Washington University Law School George Washington University George Washington University Law School Hispanic Bar Association of DC (HBA-DC) Intern, Hon. Moxila A. Upadhyaya, U.S. District Court for the District of Columbia","searchable_name":"Evelyn Pereira","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":444183,"version":1,"owner_type":"Person","owner_id":7212,"payload":{"bio":"\u003cp\u003eLori Peters is a Consultant in the FDA \u0026amp; Life Sciences practice group. She is a regulatory strategist and scientific advisor with over 20 years of experience in biologics, pharmaceuticals and advanced manufacturing. Lori most recently served as Acting Director of the Division of Manufacturing and Product Quality (DMPQ) at FDA\u0026rsquo;s Center for Biologics Evaluation and Research (CBER), where she led regulatory oversight of complex biological products and facilities, including COVID-19 vaccines, gene and cell therapies, blood derivatives, tissues and novel diagnostic devices. Prior to her leadership positions, Lori was a Chemistry, Manufacturing, and Controls (CMC) reviewer and lead manufacturing inspector.\u003c/p\u003e\n\u003cp\u003eLori is widely recognized for her technical depth, regulatory insight and collaborative leadership across government, industry and legal sectors. Biologics and pharmaceutical manufacturers value her unique insights and experience navigating the FDA review process, regulatory strategy, cGMP compliance risk and manufacturing process development for advanced therapies. Her manufacturing know-how encompasses a breadth of topics including equipment qualification, facility design and validation, cross-contamination prevention, aseptic manufacturing and sterilization methods.\u003c/p\u003e\n\u003cp\u003eAt FDA, Lori managed a division of 65 professionals across six work units, overseeing regulatory decisions for Biologics License Applications (BLAs), Premarket Approvals (PMAs), supplements, and cGMP facility inspections. In 2024 alone, she supervised regulatory activities for 19 BLAs and PMAs, 200+ supplements, and nearly 30 manufacturing site inspections. She ensured product quality and compliance with cGMP regulations under 21 CFR Parts 210, 211, 600, 820, and 1271. As a former lead inspector for the Agency, she has a keen understanding of compliance issues resulting from FDA Form 483 or Warning Letters.\u003c/p\u003e\n\u003cp\u003eLori played a pivotal role in FDA\u0026rsquo;s COVID-19 response, guiding the evaluation and authorization of multiple vaccine manufacturing operations under compressed timelines. She also contributed to the 2024\u0026ndash;2028 Strategic Plan and helped develop inspector training programs and performance metrics to strengthen regulatory consistency and staff development.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eBefore joining FDA, Lori served as an engineer for the Program Manager for Biological Defense at the U.S. Army, where she led test and evaluation programs and quality assurance oversight for a biological agent detection system designed to protect the U.S. military and American public from risk of biological agent terrorist attacks.\u003c/p\u003e","slug":"lori-peters","email":"lpeters@kslaw.com","phone":"+1 202 836 3776","matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":21,"guid":"21.capabilities","index":0,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":1,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":2,"source":"capabilities"},{"id":826,"guid":"826.smart_tags","index":3,"source":"smartTags"},{"id":1193,"guid":"1193.smart_tags","index":4,"source":"smartTags"},{"id":579,"guid":"579.smart_tags","index":5,"source":"smartTags"},{"id":761,"guid":"761.smart_tags","index":6,"source":"smartTags"}],"is_active":true,"last_name":"Peters","nick_name":"Lori","clerkships":[],"first_name":"Lori","title_rank":9999,"updated_by":202,"law_schools":[],"middle_name":"","name_suffix":"","recognitions":[{"title":"COVID-19 Vaccine EUA Review Team","detail":"FDA Commissioner Citation, 2021-2023"},{"title":"Managerial Excellence","detail":"FDA Honor Award, 2021"},{"title":"Outstanding Service Award","detail":"FDA Honor Award, 2015"},{"title":"Mentoring Award","detail":"FDA Honor Award, 2013"}],"linked_in_url":null,"seodescription":null,"primary_title_id":11,"translated_fields":{"en":{"bio":"\u003cp\u003eLori Peters is a Consultant in the FDA \u0026amp; Life Sciences practice group. She is a regulatory strategist and scientific advisor with over 20 years of experience in biologics, pharmaceuticals and advanced manufacturing. Lori most recently served as Acting Director of the Division of Manufacturing and Product Quality (DMPQ) at FDA\u0026rsquo;s Center for Biologics Evaluation and Research (CBER), where she led regulatory oversight of complex biological products and facilities, including COVID-19 vaccines, gene and cell therapies, blood derivatives, tissues and novel diagnostic devices. Prior to her leadership positions, Lori was a Chemistry, Manufacturing, and Controls (CMC) reviewer and lead manufacturing inspector.\u003c/p\u003e\n\u003cp\u003eLori is widely recognized for her technical depth, regulatory insight and collaborative leadership across government, industry and legal sectors. Biologics and pharmaceutical manufacturers value her unique insights and experience navigating the FDA review process, regulatory strategy, cGMP compliance risk and manufacturing process development for advanced therapies. Her manufacturing know-how encompasses a breadth of topics including equipment qualification, facility design and validation, cross-contamination prevention, aseptic manufacturing and sterilization methods.\u003c/p\u003e\n\u003cp\u003eAt FDA, Lori managed a division of 65 professionals across six work units, overseeing regulatory decisions for Biologics License Applications (BLAs), Premarket Approvals (PMAs), supplements, and cGMP facility inspections. In 2024 alone, she supervised regulatory activities for 19 BLAs and PMAs, 200+ supplements, and nearly 30 manufacturing site inspections. She ensured product quality and compliance with cGMP regulations under 21 CFR Parts 210, 211, 600, 820, and 1271. 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She also contributed to the 2024\u0026ndash;2028 Strategic Plan and helped develop inspector training programs and performance metrics to strengthen regulatory consistency and staff development.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eBefore joining FDA, Lori served as an engineer for the Program Manager for Biological Defense at the U.S. Army, where she led test and evaluation programs and quality assurance oversight for a biological agent detection system designed to protect the U.S. military and American public from risk of biological agent terrorist attacks.\u003c/p\u003e","recognitions":[{"title":"COVID-19 Vaccine EUA Review Team","detail":"FDA Commissioner Citation, 2021-2023"},{"title":"Managerial Excellence","detail":"FDA Honor Award, 2021"},{"title":"Outstanding Service Award","detail":"FDA Honor Award, 2015"},{"title":"Mentoring Award","detail":"FDA Honor Award, 2013"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":12955}]},"capability_group_id":2},"created_at":"2025-12-11T17:29:24.000Z","updated_at":"2025-12-11T17:29:24.000Z","searchable_text":"Peters{{ FIELD }}{:title=\u0026gt;\"COVID-19 Vaccine EUA Review Team\", :detail=\u0026gt;\"FDA Commissioner Citation, 2021-2023\"}{{ FIELD }}{:title=\u0026gt;\"Managerial Excellence\", :detail=\u0026gt;\"FDA Honor Award, 2021\"}{{ FIELD }}{:title=\u0026gt;\"Outstanding Service Award\", :detail=\u0026gt;\"FDA Honor Award, 2015\"}{{ FIELD }}{:title=\u0026gt;\"Mentoring Award\", :detail=\u0026gt;\"FDA Honor Award, 2013\"}{{ FIELD }}Lori Peters is a Consultant in the FDA \u0026amp; Life Sciences practice group. She is a regulatory strategist and scientific advisor with over 20 years of experience in biologics, pharmaceuticals and advanced manufacturing. Lori most recently served as Acting Director of the Division of Manufacturing and Product Quality (DMPQ) at FDA’s Center for Biologics Evaluation and Research (CBER), where she led regulatory oversight of complex biological products and facilities, including COVID-19 vaccines, gene and cell therapies, blood derivatives, tissues and novel diagnostic devices. Prior to her leadership positions, Lori was a Chemistry, Manufacturing, and Controls (CMC) reviewer and lead manufacturing inspector.\nLori is widely recognized for her technical depth, regulatory insight and collaborative leadership across government, industry and legal sectors. 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Consultant COVID-19 Vaccine EUA Review Team FDA Commissioner Citation, 2021-2023 Managerial Excellence FDA Honor Award, 2021 Outstanding Service Award FDA Honor Award, 2015 Mentoring Award FDA Honor Award, 2013 Pennsylvania State University Pennsylvania State University, Dickinson School of Law Pennsylvania State University Pennsylvania State University, Dickinson School of Law Johns Hopkins University ","searchable_name":"Lori Peters","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null}]}}