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Crowell & Moring's Expanding Health Care Litigation Practice Gains Experienced Litigator

Tuesday, October 9, 2007 General News
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WASHINGTON, Oct. 8 Crowell & Moring LLP ispleased to announce the addition of partner Robert Rhoad to the firm's HealthCare and False Claims Act groups. Based in the Washington, D.C. office, Rhoadrepresents both health care and government contract clients in complexlitigation matters involving fraud and abuse, False Claims Act (FCA),antitrust claims, and criminal and civil government enforcement actions. Alarge portion of Rhoad's practice is devoted to representing health careindustry clients, including providers (private, Medicaid and Medicare),insurers/payors, and pharmaceutical and medical device manufacturers. Inaddition, he represents non-health care industry government contractors,including defense contractors and other companies that contract with federaland state governments as well as with international entities.
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Rhoad joins Crowell & Moring from Porter Wright Morris & Arthur LLP, wherehe served as chair of the firm's national Health Care Litigation PracticeGroup. His move is part of Crowell & Moring's significant on-going expansionof its Health Care Group's litigation bench, which last year gained eightattorneys in the Washington, D.C. office from King Pagano & Harrison.
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"Health care companies are operating in a more complex environment thanever and, as a result, they are facing frequent and costly litigationexposure. Bob's versatility and experience in handling high-stakes matters isa tremendous asset to our clients," said John T. Brennan Jr., chair of Crowell& Moring's Health Care Group.

Rhoad has successfully represented both health care and governmentcontractor clients in government enforcement actions involving fraud and abuseclaims and FCA (whistleblower) claims. In addition, he has successfullyrepresented health care clients as corporate plaintiffs in recovery actionsunder federal and state antitrust laws as well as state statutory and commonlaws.

Recent examples of his work include his representation of Health CareService Corporation and its Blue Cross Blue Shield Divisions in Illinois,Texas and New Mexico in Health Care Service Corp. et al. v. MylanLaboratories, Inc., et al., (D.D.C.). This case, which involved claims ofanticompetitive conduct in the generic drug industry, was the first indirectpurchaser antitrust case to proceed to trial. Following a month-long trial,the jury in that case returned a verdict for Health Care Service Corporationon all claims and for all damages alleged.

Another recent high-profile case successfully litigated by Rhoad is UnitedStates ex rel. DRC, Inc., et al. v. Custer Battles, LLC, et al., (E.D. Va.),which was the first FCA trial of alleged fraud arising from contracting inIraq. The case resulted in judgments for Rhoad's clients on all of the fraudclaims alleged under the FCA. In addition to his litigation practice, Rhoadalso routinely counsels health care and government contractor clients oncompliance issues relating to FCA and state false claims laws, clinical studyregulations, and pharmaceutical drug pricing and contracting.

"Crowell & Moring has one of the largest and most prestigious health carepractices in the nation, and I am looking forward to being a part of a teamthat is known as much for its industry knowledge as it is its creativity.Crowell & Moring also has among the nation's leading antitrust, governmentcontracts, and recovery practices, each offering a strong platform to meet theexpanding scope of my clients' needs," said Rhoad.

Prior to entering private practice in 1999, Rhoad served as anattorney/officer in the Navy Judge Advocate General's (JAG) Corps insuccessive assignments as prosecutor, defense counsel, and civil litigationattorney. As both a prosecutor and defense counsel, Rhoad gained significanttrial experience as lead counsel in numerous felony cases involving complexfraud issues. As a civil litigation attorney, Rhoad served as lead
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