Tina M.Tabacchi

Partner-in-Charge Chicago

(T) + 1.312.269.4081

Tina Tabacchi, Partner-in-Charge of the Chicago Office, is a commercial litigator with a focus on the health care, pharmaceutical, and life sciences industries and on False Claims Act litigation. She has experience in a broad range of federal, state, and administrative proceedings, including multidistrict and class action litigation and matters involving various tort, consumer fraud claims, and RICO. She also has handled Hatch-Waxman intellectual property and pharmaceutical products liability cases, government contract litigation, government and internal investigations, and contract and licensing disputes. In addition, Tina has successfully resolved numerous matters through mediation or other forms of alternative dispute resolution.

Tina has served as counsel for a national pharmacy in connection with lawsuits asserting claims under the federal False Claims Act, the False Claims Acts of numerous individual states based on purported violations of the Anti-Kickback Statute, state attorney general, and private class action lawsuits. Tina has had substantial responsibility in the Firm's ongoing national representations of several pharmaceutical manufacturer clients in U.S. Department of Justice and state attorney general investigations and related federal, state, and multidistrict consumer class and individual actions. She counsels clients on health care and pharmaceutical compliance, contract, and licensing issues.

Tina serves as a member of the Firm's Diversity, Inclusion & Advancement Committee and on the board of the Chicago Civic Consulting Alliance.

Experience

  • National retailer defends against tort and public nuisance claims related to prescription opiate MDLJones Day is defending a national retailer against tort and public nuisance and related industry claims asserted in In re: National Prescription Opiate Litigation, MDL No. 2804.
  • Fortune 40 company defends against FCA claims by former contractorJones Day represented a Fortune 40 company in defense of federal and state False Claims Act claims asserted by a former contractor in connection with a public works technology contract funded by Department of Homeland Security.
  • 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.
  • Woodward obtains affirmance by Seventh Circuit of summary judgment ruling in its favor in qui tam lawsuit alleging False Claims Act violationsOn December 11, 2015, the Seventh Circuit affirmed the district court's summary judgment ruling in favor of Jones Day client Woodward, Inc. in a long-running qui tam suit brought on behalf of the United States by two former Woodward employees who alleged that Woodward violated the False Claims Act in connection with its manufacture and sale of military parts to the U.S. government.
  • National health care provider defends against anti-kickback allegations under Federal and State False Claims ActsJones Day defended nationwide federal and state False Claims Act and anti-kickback allegations against a national health care provider.
  • Fortune 10 company prevails before state Supreme Court in putative class action and qui tam lawsuitsJones Day represented a Fortune 10 company in putative class action and qui tam lawsuits brought by third party payor health and welfare plans.
  • DePaul University wins appeal affirming dismissal of putative class action about employment statisticsOn September 26, 2014, the Illinois Appellate Court, First District, ruled in favor of Jones Day client, DePaul University, and affirmed the dismissal with prejudice of a putative class action by graduates alleging that job statistics reported by the law school were fraudulent.
  • 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.
  • Abbott obtains approval of class action settlementOn December 9, 2011, the United States District Court for the District of Massachusetts entered its final order and judgment approving a nationwide class action settlement in an action brought against Jones Day client Abbott Laboratories and a number of other pharmaceutical manufacturers on behalf of consumers and third party payors.
  • National retailer obtains favorable Eighth Circuit ruling in groundbreaking opinion recognizing that CAFA's local controversy provision is not jurisdictionalJones Day represented a national retailer on appeal and obtained a reversal of a district court decision that ordered a putative class action remanded to state court.
  • TAP Pharmaceutical defends against state AG and private suits involving the pricing of Prevacid®Jones Day represents TAP Pharmaceutical Products Inc. in State Attorney General and private plaintiff suits alleging fraud and state consumer protection violations relating to the pricing of TAP's Prevacid® product.
  • 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.
  • 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®.
  • Abbott pursues several Hatch-Waxman patent infringement cases over blood pressure drug TRICOR®On behalf of Abbott Laboratories, Jones Day prosecuted several Hatch-Waxman patent infringement cases against generic manufacturers seeking FDA approval to market a version of Abbott's drug TRICOR®, which is used to treat high blood pressure.
  • Pharmaceutical manufacturer seeks advice on licensing issuesJones Day represented a pharmaceutical manufacturer and provided advice on licensing issues.
  • Knoll resolves dispute involving cy pres fundsJones Day represented Knoll Pharmaceutical Company in connection with a dispute over the use of settlement cy pres funds.
  • Abbott pursues patent infringement and related litigation involving HYTRIN®Jones Day represented Abbott Laboratories in various federal court proceedings asserting Hatch-Waxman patent infringement claims against several generic manufacturers seeking FDA approval to market a version of Abbott's HYTRIN® product and in related tort claims brought against Abbott by a generic manufacturer in the context of Abbott's defense of its patents.
  • IBM defends breach of contract action involving services agreementJones Day represented International Business Machines Corporation in a breach of contract action concerning services agreement.
  • Westinghouse Savannah wins dismissal of federal RICO claims and settles state court claims in whistleblower litigationJones Day represented Westinghouse Savannah River Co. in whistleblower/tortious interference litigation brought by employees of a subcontractor.
  • ERICO defends against class action arising from derailed train chemical spillJones Day represented ERICO International Corporation in a class action arising from a train derailment and associated chemical spill.
  • Speaking Engagements

    • April 12, 2018
      Symposium on Women Lawyers in the Courtroom United States District Court, Northern District of Illinois
    • January 26, 2018
      Women in Law Summit Women's Bar Association of Illinois
    • June 11, 2015
      Jones Day MCLE University - Chicago
    • June 12, 2014
      Jones Day MCLE University - Chicago
    • May 6, 2014
      The Continuing Expansion of Health Care Enforcement by U.S. and International Authorities: Key Developments and Implications for the Future
    • June 6, 2013
      Jones Day Chicago 2013 MCLE University
    • April 9-10, 2013
      Jones Day 2013 Chicago Health Care Conference
    • June 7, 2012
      Jones Day Chicago 2012 MCLE University
    • March 11-12, 2009
      Tracking the Evolution of MDL 1456, American Conference Institute's 7th Annual Advanced Forum on Government Regulation of Prescription Drug Pricing
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