2016 Health Care Investigations & Litigation Forum

Gary Scott Davis, PA, advises clients on issues concerning managed care, including emerging health benefit plans, strategic restructurings and reorganizations, dispositions, mergers, joint ventures and contractual matters. The Florida Bar Board of Legal Specialization and Education recognizes Gary as a Board Certified Health Law Attorney.

Gary is a nationally recognized speaker on organizational and reimbursement transactions relating to managed health care, health care contracting and joint ventures. He is also a published author of numerous writings on managed care.

Gary has served as an adjunct lecturer of health care law for the Graduate School of Business Administration (MBA Programs for Executives), University of Miami and on the Advisory Board and faculty of the Nova Southeastern University Institute of Continuing Education for Health Care Professionals.

Ashley Fischer advises clients across all sectors of the healthcare industry on their most critical transactions and collaborations. Her health antitrust practice makes her a valuable partner to healthcare businesses as they work to expand and pursue their strategic business initiatives.

Ashley routinely counsels on potential healthcare transactions and has successfully defended numerous provider mergers and competitor collaborations through federal and state antitrust enforcement agency review. Her counsel, with respect to the antitrust implications of the formation and operation of joint ventures and competitor collaborations, including managed care contracting networks such as clinically integrated networks (CINs), accountable care organizations (ACOs) and independent practice associations (IPAs), is highly sought-after.

Ashley also counsels health industry clients on ongoing conduct and compliance matters, including managed care contracting practices, exclusive services agreements, restrictive covenants, integrated delivery systems and vertical integration, and participation in information exchanges.

Ashley is partner-in-charge of the firm’s Health Practice Group in Chicago. Previously, she served as a member of the firm’s Management Committee and as a vice chair of the American Health Lawyers Association’s Antitrust Practice Group.

Russell Hayman represents companies in the technology, health, life sciences, and in other sectors in complex civil litigation nationwide. Drawing on his background as a federal prosecutor, he has also represented companies in government investigations and criminal proceedings. A successful trial lawyer having taken over 25 cases to trial, Russell has successfully defended clients in complex federal antitrust, patent infringement, and theft of trade secret cases involving acoustic, cellular, Wi-Fi, software, mobile app, semiconductor, and memory technologies. Russell’s trial experience in antitrust matters includes both horizontal and vertical restraint claims.

For providers of healthcare services, Russell has handled complex civil as well as criminal fraud matters for healthcare insurance plans, providers of pharmaceuticals, biologics and medical devices, and hospital, home health, hospice and skilled nursing facility (SNF) services, including alleged violations of the Federal Anti-Kickback Statute, the False Claims Act and matters arising under the Stark law.

Previously, Russell served as a federal prosecutor in Los Angeles and as a senior official of the US Justice Department in Washington, DC. As a federal prosecutor, he tried the first espionage case ever brought by the US against an agent of the Federal Bureau of Investigation (US v. Richard W. Miller). Additionally, Russell served as a deputy chief of the Criminal Division of the US Attorney’s Office in Los Angeles, California.

Tony Maida counsels health care and life sciences clients on government investigations, regulatory compliance and compliance program development. Having served as a government official, Tony has extensive experience in health care fraud and abuse and compliance issues, including the federal and state Anti-Kickback and Stark Laws and Medicare and Medicaid coverage and payment rules. Tony is a practice area leader for the Healthcare Regulatory & Compliance practice.

He represents clients in False Claims Act (FCA) qui tam matters, government audits, civil monetary penalty and exclusion investigations, and Centers for Medicare and Medicaid Services (CMS) suspension, and revocation actions, negotiating and implementing corporate integrity agreements, and making government self-disclosures. Tony also draws on his background in government investigations to assist clients in evaluating, developing and implementing corporate compliance programs.

Tony previously served as deputy chief of the Administrative and Civil Remedies Branch of the US Department of Health and Human Services (HHS) Office of Inspector General (OIG), where he represented the agency on investigating FCA and civil monetary penalty cases, negotiating and monitoring corporate integrity agreements, and defending exclusion appeals. While serving at HHS, Tony was a principal author of the OIG's current Self-Disclosure Protocol. He also has advised CMS on policy issues, including the Medicare Overpayment Rule and the creation of the Self-Referral Disclosure Protocol.

Tony represents a wide variety of clients, including

• Hospitals and health systems
• Professional services organizations and physician practice management companies, such as anesthesia, dentistry, dermatology, emergency medicine, oncology, primary care, radiology and wellness practices
• Pharmaceutical and medical device manufacturers and distributors
• Long-term care, home health, hospice and other post/sub-acute providers
• Pharmacies and pharmacy benefit managers
• Dialysis providers
• Laboratories
• Ambulance companies
• Health plans
• Electronic health records and revenue cycle management vendors
• Investors and other financial institutions that invest in and/or support the health care and life science industries

Tony writes and speaks frequently on health care regulatory topics and has lectured on health care fraud and abuse issues at Boston University School of Law and American University Washington College of Law.

Prior to his government service, Tony represented hospitals and physician practices on health care regulatory and corporate compliance issues. During law school, Tony was the editor of the 2001 Symposium issues of the American Journal of Law and Medicine.

Laura McLane co-leads McDermott’s white-collar and government investigations practice as well as the Firm’s False Claims Act (FCA) practice, and is a nationally renowned FCA litigator. For over 25 years, Laura has defended companies touching all aspects of the healthcare and life sciences industries in government investigations, qui tam litigation under the FCA, and related matters. Clients call Laura “an exquisite lawyer, very smart and incisive,” and a “fierce advocate for her clients” (Chambers USA). Laura was named Boston’s Lawyer of Year in Healthcare Litigation by Best Lawyers in America for 2025-2026.

Laura’s experience spans the spectrum of government oversight in healthcare and life sciences. Her clients include healthcare providers of all types as well as laboratories, pharmaceutical and device manufacturers, private equity investors, and an array of other entities that reach the healthcare space. Laura represents clients in FCA matters throughout the country, as well as in federal courts of appeals and the Supreme Court of the United States. She has extensively litigated the myriad issues that typically arise in FCA cases, including representing her client in the landmark Escobar case in the Supreme Court. Clients state that Laura is “fantastic, . . . efficient and able to pull in knowledgeable resources right to the issue” (Legal 500 US).  Her recent experience includes guiding multiple clients through government investigations and related matters arising from the novel issues presented by the Covid-19 pandemic, including issues relating to testing, vaccination and treatment. In addition to her healthcare experience, Laura defends clients facing FCA and other forms of government scrutiny in other industries, such as defense contracting and technology.

Beyond defending clients in investigations and litigation, Laura’s practice includes working closely with clients on FCA risk management and compliance assessments, and counseling buyers and sellers in transactions involving enforcement issues.

Michael (Mike) Morgan is recognized as one of the nation’s leading lawyers in cybersecurity and data privacy. He has guided clients through some of the largest and most complex data breaches, breaches involving more than 50 million records, incidents affecting persons in over 100 countries around the world, and incidents involving sensitive defense-related information. He counsels clients on compliance with US and international regulations relating to cybersecurity and data privacy, including compliance with the California Consumer Privacy Act (CCPA), the EU’s General Data Protection Regulation (GDPR) and China’s Network Security Law. Mike leads the firm's Data, Privacy & Cybersecurity Group.

Mike has particular experience on complex legal issues arising from advanced technologies. He represents companies on privacy and cybersecurity issues arising from vehicle autonomy and connectivity and is an expert on the fast-changing regulatory environment relating to autonomous vehicles and in the US and around the world. He also advises clients on matters relating to international data transfers (e.g., EU model clauses and Privacy Shield), cryptocurrency, e-commerce security and blockchain applications. He represents clients in a range of industries, including financial services, big data, automotive, telecommunications, healthcare, insurance and automotive, as well as defense contractors and subcontractors subject to requirements under DFARS and the CMMC Framework.

Mike has handled scores of privacy and cybersecurity-related cases, including more than one hundred lawsuits involving claims under the Fair Credit Reporting Act (FCRA); unfair, deceptive or abusive acts and practice (UDAAP) statutes; and consumer protection statutes. He has particular expertise in the defense of cases involving claims for statutory damages and advises clients on mitigation of legal risks arising from the CCPA’s statutory damages provisions applicable to data breaches. He has defended against government investigations by the Federal Trade Commission, Consumer Financial Protection Bureau, Federal Communications Commission and state attorneys general. Mike is a Certified Information Privacy Professional (CIPP/US) by the International Association of Privacy Professionals (IAPP).

Tom is a 35-year veteran of the firm. Tom’s practice focuses on healthcare litigation. He represents major health providers in mass tort litigation, class actions, antitrust cases, and qui tam False Claims Act cases involving allegations of violation of federal and state healthcare laws and regulations.

Monica A. Wallace focuses her practice on complex regulatory and transactional counseling to healthcare organizations, including health systems, hospitals, ambulatory surgery centers, physician groups, dental providers, behavioral health clients, integrated delivery systems, academic medical centers, DMEPOS and pharmaceutical manufacturers and suppliers, home health agencies, and venture capital and private equity firms and their health-related portfolio companies. Monica is a practice area leader for the Healthcare Regulatory & Compliance practice.

Monica concentrates her regulatory practice on healthcare fraud and abuse, Medicare and Medicaid enrollment, reimbursement and billing, legal assessments and audits, compliance programs, and other general regulatory matters including licensure, survey/certification and accreditation. Her transactional practice includes mergers, acquisitions and affiliations, divestitures, hospital/physician joint ventures and corporate reorganization.

Previously, Monica worked with hospital executive management at the University of Iowa Hospitals and Clinics on strategic academic medical center issues.

Stephen Wu is a nationally recognized antitrust lawyer with more than twenty-five years’ experience defending clients against antitrust litigation and government investigations into mergers and acquisitions and business practices. Stephen is also a trusted strategic advisor who counsels clients on antitrust compliance issues.

Stephen has successfully defended clients in class actions and other complex litigation brought by purchasers, competitors, and employees alleging unlawful price-fixing, wage-fixing, exclusive dealing, group boycott, market allocation, tying, and monopolization claims in federal courts around the country. In addition, Stephen has successfully defended numerous mergers and acquisitions and clients’ business practices from Federal Trade Commission (FTC), Department of Justice, and State Attorneys General investigations. He also regularly advises clients on pricing, distribution, and joint venture matters.

Stephen represents clients in a wide variety of industries, ranging from consumer goods to healthcare to packaging. He is co-head of the Firm’s Health Antitrust Practice Group.

Stephen has been recognized as a leading antitrust lawyer by The Best Lawyers in America, BTI Consulting, Chambers USA, Global Competition Review, Lawyers of Color, The Legal 500 USA, LMG Life Sciences, The National Law Journal, Super Lawyers, and Thomson Reuters Stand-Out Lawyers.

Prior to joining the Firm, Stephen was an attorney for the FTC, where he received its Award for Meritorious Service. At the Firm, Stephen received McDermott’s Pro Bono and Community Service Award for his pro bono efforts.

Guides development and launch of digital health products and AI-enabled products and services

Structures data use, disclosure, and commercialization strategies for health technology clients

Leads full scale ransomware and other cybersecurity incident remediation and response for private and public companies

Manages government investigations related to privacy, cybersecurity, and consumer protection issues

Advises on HIPAA, HITECH, and health information privacy compliance

Counsels on website and mobile app tracking technologies and wiretapping risk