Kurt Copper represents clients in the health care, pharmaceutical, and life sciences industries in litigation and investigations, particularly those arising under the False Claims Act (FCA). His practice includes qui tam actions, government and internal investigations, and payor-provider disputes. He has successfully represented clinical laboratories, hospital systems, and other clients in cases seeking hundreds of millions of dollars in claimed damages. He routinely represents clients opposite private relators' counsel, the U.S. Department of Justice and other federal agencies, state AGs, and commercial health insurers.
Kurt has significant experience with cases involving allegations of health care fraud. He recently helped defend a laboratory services provider in lengthy litigation brought by the Attorney General of the State of Florida where Jones Day's client secured partial summary judgment. He also recently has helped obtain dismissal of: (1) a qui tam claim in Illinois federal court against a national retail pharmacy; (2) an FCA action in California federal court alleging fraud on the patent office; (3) qui tam actions in Virginia and Georgia federal courts that alleged violations of Medicaid billing regulations and the Anti-Kickback Statute (AKS); and (4) a qui tam lawsuit in Maine federal court alleging so-called "reverse false claims." He also has represented out-of-network and in-network providers in litigation seeking appropriate reimbursement for their services from commercial payors.
Kurt maintains an active pro bono practice. He recently served as lead trial counsel in a case brought pursuant to an international treaty that was tried to a favorable verdict. And he successfully argued an appeal before the U.S. Court of Appeals for the Sixth Circuit regarding a prisoner's habeas petition.
Federal Court of Appeals Emphasizes Only Defendants Who Act "Knowingly" Can Be Liable Under the False Claims Act
DOJ Civil Division Gives Clarity on “Inability-to-Pay” Determinations in the Midst of Ongoing Pandemic
- December 2015
The False Claims Act: New Developments and Continued Expansion
- December 2014
The False Claims Act: The Government's Stick and Relator's Carrot
- The Ohio State University (J.D. magna cum laude 2007; Moritz Merit Scholar; Articles Editor, Ohio State Law Journal; ABA Moot Court Team; Order of the Coif); University of Notre Dame (B.A. cum laude 2004)
- Ohio, Florida, and Texas
- Ohio Super Lawyers "Rising Star" (2014, 2015, 2016, and 2017)
- Law Clerk to the Honorable Sara Lioi, United States District Court, Northern District of Ohio (2007-2008)