Diana L. Calla

Partner

San Francisco + 1.415.875.5723

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Diana Calla represents companies in litigation and government investigations, primarily in the health care and financial services industries. She has litigated cases involving the False Claims Act (FCA), the Racketeer Influenced and Corrupt Organizations Act (RICO), the Fair Credit Reporting Act (FCRA), and consumer class actions, among others. She has extensive experience with investigations, pretrial discovery, motions practice, and expert witnesses.

Diana's recent experience includes prevailing in a five-week jury trial for pharmaceutical company Celgene. In that case, Diana managed all aspects of pretrial discovery in which the parties exchanged more than 10 million pages of documents, deposed 31 fact witnesses, and designated 18 experts.

Diana also maintains an active pro bono practice and has worked on matters including an asylum trial and actions seeking domestic violence restraining orders. During law school she represented Section 8 tenants in administrative hearings with local housing authorities.

Prior to attending law school Diana worked as a paralegal for the Antitrust Division of the Department of Justice.

Experience

  • Sanofi defeats class certification in putative nationwide consumer class actionThe United States District Court for the District of New Jersey recently denied a motion for class certification brought by plaintiffs seeking to represent all consumers nationwide who purchased insulin products sold by Jones Day’s client Sanofi-Aventis U.S. LLC.
  • Celgene wins complete defense verdict in case filed by health insurer, Humana Inc., relating to off-label use of cancer medicationsOn March 2, 2023, Jones Day prevailed in a five-week jury trial on behalf of Celgene Corporation in a lawsuit brought by health insurance company Humana, Inc.
  • Medical device company obtains dismissal with prejudice in False Claims Act qui tam actionJones Day successfully represented a medical device company in a government investigation by the United States Attorney's Office (C.D. Cal.) and the Department of Justice relating to alleged violations of the Anti-Kickback Statute ("AKS") and allegations of off-label promotion with respect to a medical device.
  • HDR Global Trading obtains dismissal with prejudice in 33-count lawsuitJones Day client HDR Global Trading Limited ("HDR"), the Seychelles-incorporated owner and operator of the BitMEX cryptocurrency derivatives trading platform, obtained dismissal with prejudice of a 33-count lawsuit alleging violations of the Commodity Exchange Act, RICO, and various California statutory and common law claims.
  • ICANN obtains advice in highly publicized decision regarding proposed sale of .ORG registryJones Day successfully advised ICANN in conjunction with its highly publicized decision over whether to reject the proposed sale of the .ORG registry on the Internet to a private equity firm that had offered to pay over $1 billion for the registry.
  • Quicken Loans successfully defends against RMBS putback suit in New York State courtJones Day successfully defended Quicken Loans, Inc., a mortgage lender based in Detroit, Michigan, against a suit brought on behalf of investors in a residential mortgage-backed securities ("RMBS") trust in New York state court.
  • Celgene resolves False Claims Act case related to alleged off-label promotion of Thalomid® and Revlimid®Jones Day represented Celgene Corporation in a False Claims Act lawsuit related to allegations that Celgene promoted the cancer treatment drugs Thalomid® and Revlimid® for off-label uses prior to their FDA approval for such uses, and paid kickbacks to physicians in order to get them to promote and prescribe those drugs.
  • Atlantic Health System acquires Hackettstown Regional Medical CenterJones Day represented Atlantic Health System in the transfer of ownership of Hackettstown Regional Medical Center from Adventist HealthCare to Atlantic Health System.
    • View All

    September 2018 Commentary

    Ninth Circuit Clarifies Import of Escobar in False Claims Act Litigation

    January 2018 Commentary

    Third Circuit Rejects False Claims Act Theory that Anti-Kickback Violations "Taint" All Related Claims

    January 2018 Commentary

    False Claims Act's "Rigorous" Materiality Standard Enforced by Second Circuit

    November 2017 Commentary

    Third Circuit Confirms Government Knowledge Can Defeat Scienter and Materiality Requirements for False Claims Act Liability

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