Healthcare Litigation, Compliance and Investigations Forum 2023

Emily Jane Cook serves as counsel to clients in the healthcare sector from start-ups to established market leaders on a wide range of critical regulatory matters to ensure compliant business operations. Her guidance allows these organizations to prospectively and retrospectively manage the risks associated with operating in a high-complexity and highly-regulated sector.

A national authority on the 340B drug pricing program, Emily also helps clients across the country navigate a wide range of complex federal and state healthcare regulations. Her counsel encompasses issues such as navigating federal and state fraud and abuse laws, development of innovative models for healthcare delivery, Medicare provider-based and co-location rules, pharmacy laws and licensure, graduate medical education, and federally qualified health centers. This depth of knowledge across many regulatory issues allows her to provide her clients with comprehensive legal advice and guidance, which allows them to fully evaluate risks in their business and clinical operations. She works closely with colleagues in McDermott’s diverse practice areas to deliver fully realized solutions for her clients.

Emily’s deep insights into US healthcare regulation stem from her previous tenure at the US Department of Health and Human Services (HHS), Health Resources and Services Administration (HRSA). For more than five years, she worked with providers and across government agencies to address regulatory barriers to healthcare delivery. She advised senior HHS leadership on Medicare and Medicaid regulation and reimbursement issues affecting rural communities and providers, and served as senior policy advisor to the National Advisory Committee on Rural Health and Human Services.

Emily is an active member of the American Health Law Association, where she most recently served as the Chair of their Medicare and Medicaid Institute. She is also a member of the firm’s Health/White Collar cross-practice group.

Edward (Ted) Diskant is a former federal prosecutor and the co-head of McDermott Will & Schulte’s global white-collar and government investigations practice. Ted leverages his background overseeing some of the most high-profile criminal matters brought by the US Attorney’s Office for the Southern District of New York to help companies and individuals navigate a wide range of white-collar, litigation, and regulatory enforcement matters. Recognized as a leading white-collar practitioner by Chambers USA, Ted is “super responsive and practical” in approaching clients’ most sensitive and complex issues. He is routinely hired to lead sensitive internal investigations and respond to government inquiries, with a particular focus on matters involving the False Claims Act (FCA), the Foreign Corrupt Practices Act (FCPA) and other anti-bribery laws, wire fraud, healthcare fraud, money laundering, and the Bank Secrecy Act (BSA).

An experienced trial lawyer, Ted also regularly takes complex civil and criminal cases to trial. Recognized as part of McDermott’s globally ranked team, Global Investigations Review (GIR) highlights that Ted “brings lots of trial experience to the table,” and clients rely on Ted’s extensive courtroom experience at all stages of litigation. Ted also frequently consults on compliance matters and helps clients design, implement, and audit compliance programs consistent with US Justice Department (DOJ) and other applicable guidance.

Prior to joining McDermott Will & Schulte, Ted spent nine years at the US Attorney’s Office for the Southern District of New York, most recently serving as Chief of the Public Corruption Unit. In that capacity, Ted supervised a team of approximately twenty senior prosecutors, overseeing some of the Office’s most sensitive and high-profile matters. Ted also led investigations and prosecutions of financial institutions related to compliance with the BSA, as well as US sanctions and AML requirements.

As part of his pro bono practice, Ted serves on the Criminal Justice Act (CJA) Panel for the Southern District of New York, representing defendants in federal criminal matters, appeals, and in habeas proceedings. Ted co-founded the LGBT White-Collar Working Group and serves on the Firm’s Diversity Committee.

Prior to joining the US Attorney’s Office, Ted clerked for the Hon. Debra Ann Livingston, Chief Judge, United States Court of Appeals for the Second Circuit, and for the Hon. Sidney H. Stein, United States District Court, Southern District of New York.

Highly experienced advocate with 10 US Supreme Court arguments and 100+ appellate and trial court arguments nationwide

Secures major victories across administrative law, intellectual property, immigration, life sciences, securities, transportation, and energy, including landmark Supreme Court cases

Designs and leads high-impact affirmative litigation, often against federal and state agencies to achieve regulatory and policy wins

Handles complex appeals and challenges to government actions

Matt Knowles advises companies, boards of directors and individuals in high-stakes commercial litigation as well as government and internal investigations. His work spans a broad range of litigation matters at the trial and appellate levels in federal and state courts across the country, including class actions and other complex matters. Matt also represents clients in investigations conducted by federal government agencies as well as state attorneys general.

Matt frequently represents companies and individuals in investigations and litigation under the False Claims Act. He also has substantial experience helping clients manage legal and reputational risk in crisis situations, including recent matters involving disease outbreaks at hospitals, allegations of misconduct at medical facilities and disputes involving educational institutions.

Matt has an active pro bono practice, where he has challenged wrongful convictions, a death penalty appeal, disputes between students and educational institutions concerning reasonable accommodation and racial discrimination, domestic violence victim protection cases and employment discrimination matters.  He recently represented a traveler in pro bono litigation against TSA after an abusive search and false arrest at an airport checkpoint. This case resulted in an en banc decision from the Third Circuit establishing travelers’ rights to pursue damages from the TSA under the Federal Tort Claims Act.

Matt graduated cum laude from Harvard Law School, where he was the recipient of the Charles H. Smith Bequest Scholarship and was named a Dean’s Scholar in the Federal Courts and the Federal System. He served as an honors legal intern in the Office of Legal Counsel for the US Department of Defense and as an intern in the office of the US Attorney for the District of Massachusetts. He also served as an intern to the Chief Justice of the Rhode Island Supreme Court.

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.

Dana McSherry is the Boston lead of McDermott Will & Schulte’s Litigation Practice Group and co-leads the firm’s False Claims Act (FCA) practice. She advises healthcare and life sciences companies in criminal and civil government enforcement matters and in related civil litigation, including civil False Claims Act (FCA) litigation. Dana guides clients through all aspects of civil and criminal investigations relating to Medicare and Medicaid billing and other government contracting issues, including negotiating with the government and managing clients’ responses to civil investigative demands and large-scale investigative subpoenas. She also assists clients in conducting internal investigations and counsels clients across the healthcare industry on compliance and risk management issues.

In late 2018, Dana successfully defended a pharmacist charged with racketeering, mail fraud, and Food, Drug and Cosmetics Act (FDCA) violations. Following a two-month jury trial in the US District Court for the District of Massachusetts, Dana’s client was acquitted of all charges.

In addition to her life sciences practice, Dana also represents individual clients in securities fraud related government enforcement matters, both civil and criminal.

Dana also maintains an extensive pro bono practice. In 2019, Dana successfully represented a parent in a Hague child custody case that involved a week-long trial in the US District Court for the District of Massachusetts. She also successfully represented a civilly committed individual in a civil rights action.

Brian Mead is an employment litigator and transactional advisor who leads McDermott’s employee mobility practice. Clients call upon Brian for his substantial experience prosecuting and defending employee mobility, restrictive covenant, and trade secret litigation cases across various industries including private equity, healthcare, professional services, technology and manufacturing.

Brian regularly advises private equity firms and strategic buyers and sellers on the employment aspects of M&A transactions on both the buy-side and sell-side, assisting clients to understand and mitigate employment-relate risks and exposure. He is experienced in drafting employment agreements and multi-jurisdictional restrictive covenants, as well as termination and separation agreements, ranging from non-exempt employees to CEOs.

On a daily basis, Brian leverages his experience on non-compete and non-solicit agreements to advise clients a recommended course of action that aligns with their business needs and the requirements outlined by federal and state laws. He also advises employers on policies related to employee leaves of absence, discipline and performance issues, disability accommodation, structuring of restrictive covenants and independent contractor relationships.

Brian also provides regular counsel to employers on employee handbooks and policies, employee leaves of absence, discipline and performance issues, disability accommodation, structuring of restrictive covenants and independent contractor relationships. He is skilled in researching multi-jurisdictional employment issues and preparing memoranda explaining the nuances of these issues and providing a recommended course of action.

Jennifer (Jenn) Routh is a trial lawyer who leads high-stakes, complex civil litigation, including matters involving billions of dollars of exposure. She has secured numerous jury verdicts and bench trial wins across a range of disputes, including trade secrets, breach of contract, fraud, breach of fiduciary duty, products liability, negligence, and unfair competition. She won the first jury verdict obtained by any litigant under the Defend Trade Secrets Act, the federal trade secret statute. She is the Partner in Charge of the firm’s Washington, DC, litigation practice.

Jenn represents clients in state and federal courts nationwide, with a particular focus on False Claims Act litigation. Her practice includes qui tam and enforcement actions, including those involving managed care (Medicare Part D and Medicare Advantage), and she represents pharmaceutical companies, payors, and providers in high-stakes healthcare disputes. She also handles disputes for private equity-backed companies, including ownership and control disputes.  Beyond the healthcare space, Jenn represents clients in high-profile, bet-the-company litigation involving novel and highly contested liability issues and significant reputational risk.

Jenn is actively engaged in pro bono representations. She previously clerked for the Honorable Thomas F. Hogan of the US District Court for the District of Columbia.

Mara Theophila regularly defends healthcare and life sciences clients across the country in high-stakes government investigations and complex commercial litigation. Her clients include pharmaceutical companies, medical device manufacturers, hospitals, ambulatory surgery centers, healthcare networks, physician practices, individual providers, laboratory diagnostic testing companies, insurance brokers, healthcare software companies, and private equity firms.

Mara’s practice focuses on the intersection of government oversight in the healthcare and life sciences space. She has substantial experience with the False Claims Act (FCA), the Food, Drug, and Cosmetic Act (FDCA), the Anti-Kickback Statute (AKS), the Stark Law, and related state laws. Mara has a proven track record of obtaining favorable results for clients in defending against claims being investigated or pursued by the US Department of Justice (DOJ), state attorneys generals, and private litigants. Additionally, Mara works closely with clients to manage their potential FCA and regulatory risks by developing compliance initiatives and other internal measures to minimize exposure moving forward.

Mara also maintains an active pro bono practice, including representation of indigent criminal defendants, non-profit organizations and visa and asylum applicants.

Mara previously served as a law clerk for the Honorable Judge Jane R. Roth of the US Court of Appeals for the Third Circuit and for the Honorable Paul A. Crotty of the US District Court for the Southern District of New York.

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.