B. KurtCopper

Partner

(T) + 1.214.969.5163

Kurt Copper represents health care providers and other clients 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 hospitals and other clients in cases seeking hundreds of millions of dollars in claimed damages. He also counsels clients on compliance-related issues.

Kurt has significant experience with cases involving allegations of health care fraud. He recently has helped obtain dismissal of: (1) a qui tam claim in Illinois federal court against a national retail pharmacy alleging violations of the False Claims Act and Anti-Kickback Statute (AKS); (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 the submission of false claims due to purported violations of Medicaid billing regulations and the AKS; and (4) a qui tam lawsuit in Maine federal court alleging in part that a specialty pharmacy was liable for so-called "reverse false claims." He also has represented both out-of-network and in-network providers in litigation seeking appropriate reimbursement for their services from commercial payors.

Kurt also 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.

Experience

  • Leading laboratory services provider successfully resolves lengthy false claims case after obtaining partial summary judgment and multiple administrative victoriesThroughout several years of active litigation, Jones Day represented a laboratory services provider in a case alleging that the laboratory company violated the Florida False Claims Act by (1) failing to bill its "usual and customary charge" under the State's argued interpretation of that term; and (2) offering steep discounts in order to induce referrals in violation of Florida's anti-kickback statutes.
  • Hospice provider secures dismissal of False Claims Act caseJones Day successfully represented a hospice provider in a Department of Justice Investigation spurred by a qui tam lawsuit brought under the False Claims Act.
  • National retail pharmacy obtains dismissal of purported False Claims Act claimsJones Day prevailed on behalf of a national retail pharmacy on motions to dismiss two qui tam suits brought under the federal False Claims Act, Anti-Kickback Statute, and Civil Monetary Penalties Law.
  • Manufacturer of medical equipment obtains dismissal of False Claims Act qui tam action related to patent applicationsA manufacturer of medical equipment represented by Jones Day obtained dismissal of a False Claims Act qui tam action in which the relator alleged that the manufacturer lied on the patent applications for one of its medical products, making the patents invalid and unenforceable.
  • Specialty pharmacy secures dismissal of qui tam lawsuit under False Claims ActJones Day recently secured dismissal of all claims against a specialty pharmacy serving long-term care facilities in a qui tam lawsuit accusing Jones Day's client of violating the federal False Claims Act, including the FCA's recently amended prohibition on "reverse" false claims in 31 U.S.C. 3729(a)(1)(G).
  • LabCorp obtains complete dismissal of Virginia qui tam action alleging submission of false claims to MedicaidIn one of the first cases litigated under the Virginia Fraud Against Taxpayers Act, an analog to the federal False Claims Act, Jones Day represented Laboratory Corporation of America (LabCorp), a nationwide provider of health care diagnostic testing services.
  • LabCorp obtains dismissal of Georgia qui tam action alleging submission of false claims to MedicaidJones Day represented Laboratory Corporation of America (LabCorp), a nationwide provider of health care diagnostic testing services, in a case brought under the Georgia False Medicaid Claims Act, an analog to the federal False Claims Act.
  • National owner of multifamily residential and commercial apartment complexes resolves multiple claims against general contractor and design professionals for severe construction and design defectsJones Day represented a national owner of multifamily residential and commercial apartment complexes in Charlotte, North Carolina, Columbus, Ohio, and Pittsburgh, Pennsylvania, in connection with multiple claims against the general contractor and design professionals for severe construction and design defects.
  • Writ of habeas corpus is secured for indigent man imprisoned in DetroitEric Murphy and Kurt Copper (along with our former colleague Erin Barnhart) recently secured a writ of habeas corpus on behalf of Michael Brown, an indigent man imprisoned in Detroit.
  • Client's habeas claim of ineffective assistance of state appellate counsel prevails in the Sixth CircuitJones Day continued its string of appellate pro bono victories with the U.S. Court of Appeals for the Sixth Circuit's decision in Hardaway v. Robinson.
  • University of Notre Dame investigates death of student videographerJones Day served as counsel to the University of Notre Dame in connection with an investigation into the death of a student videographer at Notre Dame football practice.
  • GM defends dealership arbitrationsJones Day assisted General Motors and other GM firms in coordinating national defense efforts in hundreds of arbitrations seeking the claimed reinstatement or addition to the dealer network of the new company, General Motors LLC ("GM").
  • The Christ Hospital resolves False Claims Act caseJones Day represented The Christ Hospital, one of several defendants, in a False Claims Act case brought by the Department of Justice, in which the government alleged that the manner the hospital staffed its reading panel for noninterventional cardiology tests was in violation of the Anti-Kickback Statute.
  • Speaking Engagements

    • 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
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