Practice Areas
Dave Lazarus is a nationally recognized defense attorney, former federal prosecutor, and high-profile trial lawyer with more than 20 years of experience in high-stakes legal proceedings. Dave is Chambers ranked for both Litigation: White-Collar Crime & Government Investigations and Healthcare, is a Fellow of the prestigious Litigation Counsel of America, and serves on the faculty of the American Bar Association's False Claims Act Mock Trial Institute. Among his many significant trials, Dave served as one of the lead trial lawyers on the 53-day federal racketeering trial of the billionaire founder of opioid manufacturer Insys Therapeutics, Inc.—one of the most high-profile healthcare fraud prosecutions in the country.
Dave has significant and formidable experience leading complex jury trials, important bench trials, and other high-stakes adversarial proceedings. He aggressively represents organizations and individuals in government and internal investigations, hearings, administrative actions, trials, and enforcement proceedings brought by federal and state government agencies, including in the healthcare and life sciences industries, export control and sanctions, and financial services industries. In his nationwide practice, Dave defends companies and individuals in civil, criminal, administrative, and parallel investigations. His significant trial experience, practical approach to disputes, and cutting-edge utilization of artificial intelligence tools provide for streamlined and cost-effective representation.
Career
False Claims Act and Qui Tam Defense
Dave is a leading False Claims Act defense attorney with deep experience representing healthcare providers, pharmaceutical companies, laboratories, and other entities facing qui tam litigation and government investigations. He defends clients at every stage of FCA matters, from the initial seal period when the government investigates relator allegations, through the critical 60-day (and extended) government investigation period, and—if necessary—through trial. Dave has successfully guided clients through Civil Investigative Demands (CIDs), grand jury subpoenas, search warrants, negotiated favorable FCA settlements avoiding treble damages and significant per-claim penalties, and obtained outright dismissals of qui tam complaints. He also counsels clients on voluntary self-disclosure to the Department of Justice and advises on strategies to mitigate exposure when the government declines to intervene and whistleblowers pursue litigation independently.
Dave's FCA practice spans both federal qui tam defense and state False Claims Act matters, including actions under the Massachusetts False Claims Act, the Florida False Claims Act, the New York False Claims Act, and other state whistleblower statutes. He provides robust civil False Claims Act and qui tam/whistleblower defense at the federal and state levels.
Healthcare Industry Experience
In the healthcare industry, Dave represents medical providers, device manufacturers, medical practices, payors, hospital systems, opioid use disorder/recovery treatment centers, sober homes, pharmaceutical distributors and manufacturers, and corporate executives. A significant portion of Dave's practice involves providing compliance and regulatory advice to companies large and small, including pharmaceutical manufacturers, distributors, wholesalers, life science and technology companies, device manufacturers, genetic testing laboratories, clinical labs, pharmacies, electronic health record providers, insurers, and healthcare practitioners and practice groups.
Trial Counsel Services
Given his significant courtroom experience, Dave believes in always being trial-ready and approaches each matter with a plan for trial while working hard to explore other potential strategies, including mediation and favorable settlement. Dave also enjoys “parachuting in” shortly before trial to assist as trial counsel or co-counsel when it appears a civil or criminal case will not settle and an imminent jury or bench trial is the only path forward.
COVID-19 Government Funding
Dave has considerable experience with COVID-19 government funding, including the Paycheck Protection Program (PPP), Economic Injury Disaster Loan (EIDL), the Main Street Lending Program, and Provider Relief Funds (PRF). He has represented individuals under criminal investigation by the federal government in connection with the application for, receipt, and disposition of COVID-19 related funds. Dave has also advised corporations in connection with this emergency funding in both the civil and criminal contexts, and has successfully negotiated favorable resolutions for companies facing formal and informal inquiry from the Department of Justice regarding first and second-draw PPP loans.
Prosecutorial Background
Dave previously spent more than 16 years as a prosecutor and trial lawyer, including nearly a decade with the Department of Justice in both Massachusetts and Florida as an Assistant United States Attorney in the Criminal and Civil Divisions. In Boston, Dave held a senior leadership role and investigated and prosecuted some of the largest and most complex healthcare and white-collar cases in the country, including those relating to pharmaceuticals and opioids, pharmacies, charitable co-pay foundations, hospitals, physician practices, government and commercial insurers, payment and reimbursement, durable medical equipment manufacture and supply, and telemedicine.
Civil and Criminal Asset Forfeiture
Dave has significant experience with federal asset forfeiture laws, including under Title 18 (CAFRA) and 19 (Customs) of the United States Code. Dave supervised the asset forfeiture and financial litigation teams at the U.S. Attorney’s Office in Boston and is considered a leading asset forfeiture practitioner. He challenges administrative seizures by the DEA, ATF, CBP, and other federal agencies, prepares verified complaints and administrative forfeiture claims, and litigates civil forfeiture actions including discovery, and, if necessary, trial. On the criminal forfeiture front, Dave defends against (and attempts to minimize) any asset forfeiture consequences of a criminal conviction, including joining a defense team as specialty co-counsel focused on the financial penalties, such as restitution, fines, and forfeiture.
International Trade, Sanctions, and National Security
Dave advises companies and individuals in connection with sanctions (OFAC) and export controls (ITAR and EAR), as well as investigations involving alleged sanctions and export control violations (IEEPA), national security offenses, and investigations involving the Department of Justice's Task Force KleptoCapture, the National Security Division, the Money Laundering and Asset Recovery Section (MLARS), the Office of International Affairs, U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), and the Department of Commerce (DOC) Bureau of Industry and Security (BIS). Dave also delivers deep experience and knowledge in the Foreign Corrupt Practices Act (FCPA), money laundering, public corruption, and high-stakes financial penalties, including the pre-trial restraint and seizure of assets, such as complex assets and cryptocurrency.
Additional Practice Areas
Dave has experience in cybersecurity and privacy, including business email compromise matters, and received specialized training from the Department's Computer Crimes and Intellectual Property Section. He has worked with both the SEC and CFTC, including in matters involving alleged market manipulation and insider trading. Dave also has experience defending against state Attorney General consumer protection actions, including the Massachusetts AG, and Massachusetts Chapter 93A actions. As a member of the Criminal Justice Act (CJA) panel for the United States District Court for the District of Massachusetts, Dave also proudly serves as an appointed criminal defense attorney for indigent defendants.
