Lori Garber

Practice Areas

Commercial Litigation, False Claims Act, Government Enforcement Defense & Investigations, Litigation

Career

Lori Garber leads the firm’s national Government Enforcement Defense & Investigations Practice Group. Based in Washington, D.C., she is a government enforcement defense lawyer, health care litigator, and False Claims Act attorney.

Lori defends clients all over the country in government investigations and enforcement actions, conducts internal investigations particularly as related to allegations of fraud or other wrongdoing, and files and defends health care litigation. Her clients are typically health care industry participants, government contractors, and other recipients of government funding.

Health Care Litigation, Investigations, and Enforcement Defense

Lori brings significant health care experience to investigations and litigation, particularly in matters initiated by or otherwise adverse to the government and whistleblowers. Her health care sector clients have included hospitals, health systems, physician groups, pharmacies, medical laboratories, emergency medical services providers, pharmaceutical manufacturers, pharmaceutical care services companies, durable medical equipment suppliers, medical device manufacturers, grant recipients, digital health providers, private equity funds, skilled nursing facilities, management companies, and consulting firms.

The matters Lori handles frequently arise under the False Claims Act, the Anti-Kickback Statute, the physician self-referral prohibition (the Stark law), the Administrative Procedure Act, and various state law Consumer Protection Act statutes, and from whistleblower or company concerns about compliance or potential wrongdoing.

COVID-19 Fraud Litigation, Investigations, and Enforcement Defense

Lori’s considerable False Claims Act experience includes conducting investigations and responding to government inquiries regarding various COVID-19 relief programs. She has responded to Department of Justice Civil Investigative Demands on behalf of several entities related to loans issued through the Small Business Administration’s Paycheck Protection Program.

Government Contract Litigation, Investigations, and Enforcement Defense

Lori’s False Claims Act practice extends to government contractors. She has responded to multiple Civil Investigative Demands and subpoenas to government contractors in the last several years, including one in which she represented a global government contractor in a multiyear investigation by multiple federal agencies and achieved a government declination of the case pre-litigation. In addition, she has defended False Claims Act cases in litigation on behalf of government contractors. She also has experience defending contractors in Anti-Terrorism Act litigation.

Investigations and Litigation About Data Security and Financial Improprieties

Lori conducts internal investigations, on behalf of companies and board committees, to investigate concerns of fraud, employee misconduct, data security, and billing irregularities, and she investigates and litigates a multitude of cases, particularly as related to allegations of wrongdoing.

Experience

Health Care Enforcement Defense

Defended a national durable medical equipment supplier against a multiyear U.S. Department of Justice (DOJ) investigation into allegations that the company violated the False Claims Act. Lori’s work included conducting an intensive internal investigation, coordinating the response to multiple Civil Investigative Demands and related, extensive negotiations with the government, and successfully resolving DOJ and whistleblower claims without her client having to step foot in a courtroom.

Successfully defended a nonprofit medical center against allegations that it violated the False Claims Act, New York False Claims Act, Anti-Kickback Statute, and Stark Law. Won motion to dismiss in federal court, achieving dismissal of the case.

Successfully defended a nonprofit medical center and a related pharmacy against allegations they violated the False Claims Act, Anti-Kickback Statute, and Stark Law. Won motion to dismiss in federal court, achieving dismissal with prejudice.

Represented a national medical laboratory in federal court against allegations that the laboratory violated the False Claims Act, the California False Claims Act, the Anti-Kickback Statute, and the California Insurance Frauds Prevention Act. Lori’s work included leading the litigation against the whistleblower, including a partially successful motion to dismiss, and successfully resolving the matter with the whistleblowers and federal and state governments in mediation.

Responded to multiple federal and state government subpoenas and inquiries related to the opioid crisis and successfully defended client in related investigations.

Counseled clients on potential litigation regarding state laws in the post-Dobbs era.

Other Health Care Litigation

Successfully challenged a Medicare rate reduction promulgated by the United States Department of Health & Human Services (HHS) in federal court, resulting in a remand to the agency and a related increase in payments to hospitals nationally.

Successfully challenged HHS approval of a Medicaid state plan amendment in federal court, achieving vacatur of HHS’s approval.

Successfully negotiated settlement agreements with HHS in multiple matters related to Medicare reimbursement, resulting in significant sums being paid to hospital and consulting firm clients.

Intervened in federal court litigation on behalf of a pharmaceutical manufacturer when its competitor challenged Food & Drug Administration agency action and inaction impacting the client. Successfully reached resolution.

Leads the Foley team that serves as lead counsel to, and regularly advises, a national hospital trade association on a variety of matters in the health care industry.

Government Contract Litigation, Investigations, and Enforcement Defense

Represented a global government contractor in a multiyear investigation by multiple federal agencies and achieved a government declination of case pre-litigation.

Defended a global government contractor in False Claims Act litigation in federal court against a whistleblower until a successful case resolution was reached.

Investigations and Litigation About Data Security and Financial Improprieties

Conducted an internal investigation on behalf of a large multinational company related to misappropriation of company funds and potential misappropriation of sensitive business data.

Conducted an internal investigation on behalf of a physician group related to competitor allegations of stolen business data.

Conducted an internal investigation on behalf of energy company related to suspected improper financial transactions.

Education