Life Sciences Bootcamp for In-House Counsel

Michelle Lowery is the go-to litigator for West Coast state and federal antitrust and unfair competition matters and for California Attorney General antitrust and general litigation matters. She has nearly two decades of experience achieving exceptional results for clients in antitrust and unfair competition litigation and investigations, including class actions. Michelle routinely achieves victories for her clients in high-stakes cases on the papers and in the courtroom.

Michelle has specific experience handling cases involving federal and state antitrust and unfair competition law matters, as well as a range of general complex litigation and investigation matters in the health, high-tech and manufacturing sectors. She has served as both plaintiff and defense counsel, with a focus on litigation between competitors and along the supply chain. Michelle regularly defends clients against civil investigations by the US Department of Justice (DOJ), the Federal Trade Commission (FTC) and the California Attorney General’s Office. She helps her clients compete intensely by guiding and defending competitive strategies through and around litigation and investigations.

Michelle is the West Coast lead for the Firm’s antitrust and unfair competition practice, which is ranked “Global Elite” as one of the top 25 competition practices in the world by Global Competition Review. She has been recognized by Legal 500 US and Benchmark Litigation as excelling in antitrust and unfair competition litigation.

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.