Tara A.Fumerton

Partner

(T) + 1.312.269.4335

Tara Fumerton is a trial lawyer with a broad range of experience in complex commercial litigation, arbitrations, government investigations, and internal investigations. She has litigated cases in state and federal courts across the country involving federal and state False Claims Acts, consumer protection statutes, fraud, commercial bribery, RICO, contract disputes, patent litigation, adversary proceedings in bankruptcy, class actions, and federal MDL proceedings. In addition, Tara has extensive experience working with experts and counseling clients in connection with mergers and acquisitions.

For more than a decade, Tara has represented pharmaceutical companies in lawsuits and investigations relating to Medicare, Medicaid, and private insurance reimbursement. She also has represented clients in the tobacco, financial, transportation, and distribution industries. Tara was an integral member of a team that successfully represented R.J. Reynolds in a billion dollar dispute with more than 52 states and territories over payments due under the landmark tobacco Master Settlement Agreement (MSA). As part of that representation, she second-chaired arbitrations against individual states and led examinations of experts and fact witnesses. She also defended the arbitration award in favor of R.J. Reynolds and other tobacco companies in state trial and appellate courts. She subsequently also successfully drafted and argued motions to compel states across the country to participate in another arbitration involving the MSA.

Tara is a board member of the Women's Bar Foundation of Illinois and is a member of the Illinois Bar Association, the Women's Bar Association of Illinois, and The Chicago Bar Association.

Experience

  • Follett acquires Baker & TaylorJones Day advised Follett Corporation in its acquisition of Baker & Taylor, LLC, the leading distributor of books, video, and music products to public libraries and institutions, and a major wholesaler to retailers worldwide.
  • Cardinal Health acquires The Harvard Drug Group for $1.115 billionJones Day advised Cardinal Health in its acquisition of The Harvard Drug Group, a distributor of generic pharmaceuticals, over-the-counter medications, and related products to retail, institutional, and alternate care customers from Court Square Capital Partners for $1.115 billion.
  • Epsilon/Westford Funds and affiliates defend against bankruptcy related claimsJones Day is defending Epsilon/Westford Funds and its Cayman Island and BVI entities against claims brought by the chapter 11 trustee for Petters Company, Inc. and its affiliates.
  • Stevens Transport obtained dismissal of suit alleging state-law tort claimsJones Day represented Stevens Transport, Inc. in a state-law tort action alleging that trucking companies obtained business or higher rates through cooperating with plaintiff's corrupt former shipping director.
  • R.J. Reynolds seeks reduction in 2003 settlement paymentsJones Day represents R.J. Reynolds Tobacco Company in a pending arbitration under the 1998 Master Settlement Agreement with various U.S. States and Territories in which R.J. Reynolds and other tobacco company signatories seek an over $1 billion reduction in their 2003 settlement payments.
  • Abbott acquires Facet Biotech for $722 millionJones Day advised Abbott Laboratories in its acquisition of Facet Biotech Corporation for $27 per share in cash for a net transaction value of approximately $450 million, which includes a purchase price of approximately $722 million less Facet's projected cash and marketable securities at closing of approximately $272 million.
  • Abbott and other pharmaceutical manufacturers successfully defend against Texas state court action alleging Medicare fraudJones Day represented Abbott Laboratories in an action brought by the State of Texas and relator Ven-A-Care of the Florida Keys, alleging that Abbott fraudulently submitted false, inflated prices on many different pharmaceutical products and caused Texas to make inflated Medicaid payments.
  • Micron Technology resolves patent infringement suit over semiconductor packaging for DRAMsJones Day represented plaintiff Micron Technology in a patent infringement / antitrust litigation involving semiconductor packaging for DRAMs.
  • TAP Pharmaceutical successfully defends 19 Lupron® pricing actions in state and federal courtsJones Day successfully defended TAP Pharmaceutical Products, Inc., the manufacturer of a leading prostate cancer drug, Lupron®, in 19 putative class actions in federal and state courts, alleging RICO and other fraud-based claims on the contention that TAP artificially inflated the average wholesale price for Lupron®.
  • Insurance broker defends DOJ prosecutionJones Day defended an insurance broker at trial in a RICO, insurance fraud, tax fraud, mail fraud, and wire fraud prosecution by the Department of Justice.
  • Motorola and Freescale resolve patent suit with STMicroelectronics over 12 semiconductor patentsJones Day obtained a settlement for Motorola and Freescale in two patent infringement lawsuits involving 12 semiconductor product, packaging, and process patents.
  • Abbott and TAP Pharmaceutical defend against Average Wholesale Price (AWP) litigationJones Day clients Abbott Laboratories and TAP Pharmaceutical Products, along with virtually the entire pharmaceutical industry, have been the subject of civil litigation alleging that drug manufacturers falsely reported the "average wholesale price," or "AWP," for various drugs in order to inflate the reimbursement paid by government and private payors for those drugs.
  • Speaking Engagements

    • June 9, 2016
      The Truth, The Whole Truth, And Nothing But The Truth: Can Lawyers Ever Ethically Employ Deception Or Subterfuge?, Jones Day MCLE University
    • June 12, 2014
      The False Claims Act in the Post-FERA Era, Jones Day MCLE University
    • June 6, 2013
      Complex Arbitration Today, Jones Day University
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