David W. O'Brien has represented both corporations and individuals in complex civil and criminal cases in federal courts throughout the country. These cases have typically presented issues related to the construction and performance of contracts with a variety of governmental agencies including the Departments of Defense and Health and Human Services.
Recently, he has defended several large health care clients in False Claims Act cases initiated by both the government and qui-tam relators. He has lectured on the use of the False Claims Act in the managed care setting before the American Health Lawyers Association. David has also counseled corporate clients on employment issues and defended several Title VII cases.
Prior to entering private practice, David served as an Assistant Commonwealth Attorney in Virginia and was a frequent lecturer to law enforcement organizations. He formerly served as an adjunct professor at the American University. David is a member of the District of Columbia and Virginia bars. He is a 1975 graduate of the Georgetown University Law Center and received his undergraduate degree cum laude from the University of Notre Dame in 1972.
Affiliations
Admitted to Practice: District of Columbia, Virginia
Highlights, News & Knowledge
Speeches & Presentations
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"COVID-19 Health Care Funding, Regulatory Waivers, and the False Claims Act: Protecting Your Business Today from Agency Enforcement and Whistle Blower Actions Tomorrow," Crowell & Moring Webinar
(April 30, 2020).
Presenters: Jacinta Alves, Mana Elihu Lombardo, Brian McGovern, Brian Tully McLaughlin, and David W. O'Brien
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"Risk Adjustment - The Stakes are Higher Than Ever," Crowell & Moring Webinar
(June 6, 2017).
Presenters: A. Xavier Baker, Christine M. Clements, and David W. O'Brien.
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"Investigations 201 - When Workers Blow the Whistle - Steps for Conducting Effective Investigations of Whistleblower Complaints," Crowell & Moring Webinar
(May 10, 2017).
Presenters: Trina Fairley Barlow, David W. O'Brien, David B. Robbins, and Christine B. Hawes.
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"False Claims Act Developments," HOOPS 2017, Crowell & Moring’s Health Care Ounce of Prevention Seminar, Hartford, CT
(March 20, 2017).
Presenters: Brian Tully McLaughlin and David W. O’Brien.
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"Health Care Industry Emerging Legal Issues Webinar Series: How to Survive a Subpoena/CID," Crowell & Moring Webinar
(November 17, 2015).
Presenters: John T. Brennan Jr. and David W. O'Brien.
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"What’s Behind the Recent Spotlight on Risk Adjusted Payments under Medicare Advantage," Crowell & Moring Webinar
(July 23, 2015).
Presenters: Christine M. Clements, W. Scott Douglas, and David W. O'Brien.
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"False Claims Act and Government Investigations: How to Survive a CID," Crowell & Moring's Healthcare Ounce Of Prevention Seminar (HOOPS), Washington, D.C.
(October 27-28, 2014).
Presenters: John T. Brennan Jr. and David W. O'Brien.
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"Managed Care Landmines: Emerging FCA Risks under the Affordable Care Act," American Health Lawyers Association Webinar
(January 17, 2014).
Presenters: William A. Helvestine and David W. O'Brien.
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"False Claims Act: Recent Developments and Their Impact on Compliance and Enforcement," Crowell & Moring's 2012 Ounce of Prevention Seminar (OOPS), Washington, D.C.
(May 9-10, 2012).
Co-Speakers: Robert R. Rhoad, David O’Brien, Brian Tully McLaughlin, and Dalal Hasan.
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"The Blind Side: A Rash of False Claims Act Amendments And New Liability Exposure for Healthcare Entities," Crowell & Moring's 2010 Healthcare Ounce Of Prevention Seminar (HOOPS)
(April 26, 2010).
Presenters: Robert T. Rhoad and David O'Brien.
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"Highlights Of H.R. 4854 'The False Claims Act Correction Act of 2007' and DOJ’s Views," The Future of the False Claims Act: Recent Judicial and Legislative Highlights - Crowell & Moring's HOOPS 2008
(October 2008).
Co-Presenters: David W. O’Brien and Michael W. Paddock.
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"We Might Have Been Overpaid. What Should We Do?," Crowell & Moring Health Care Repayment Issues Webinar
(June 2008).
Co-Presenters: David W. O'Brien, Christine M. Clements, and Robert L. Roth.
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"U.S. v. Sulzbach: Government Theories, Potential Defenses, and Lessons Learned," Crowell & Moring's 2007 Healthcare Ounce of Prevention Seminar (HOOPS)
(October 2007).
Co-Presenters: David W. O'Brien, Christine M. Clements, and Michael W. Paddock.
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"U.S. v. Sulzbach: What Every Compliance Officer Needs to Know," AdvaMed Device and Diagnostics Compliance Group Meeting
(October 4, 2007).
Co-Presenters: David W. O'Brien and Michael W. Paddock.
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"U.S. v. Sulzbach: Government Theories, Potential Defenses, and Lessons Learned," Crowell & Moring U.S. v. Sulzbach Webinar
(September 26, 2007).
Co-Presenters: David W. O'Brien, Christine M. Clements, and Michael W. Paddock.
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"Whistling While You Work: Dangers of a Qui Tam Lawsuit and How to Avoid Them," Crowell & Moring Healthcare Ounce of Prevention Seminar
(October 27, 2005).
Co-Presenters: John T. Brennan, Jr., David W. O'Brien and Michael W. Paddock.
Publications
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"DOJ Resets Bar for Corporate-Cooperation Credit and Shifts Emphasis in False Claims Act Cases from Individual Accountability to Monetary Recovery," Westlaw Journal Government Contracts
(January 15, 2019).
Authors: William S.W. Chang, Laura M. Kidd Cordova, Stephen M. Byers, Brian Tully McLaughlin, Paul Rosen, David W. O'Brien, Spencer Churchill, and Bridget Carr.
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"9th Circ. Decision Could Be A Bitter Pill For Pharma Cos." Law360
(August 8, 2017).
Authors: David W. O'Brien, Brian Tully McLaughlin, Jason M. Crawford, and Sarah A. Hill.
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"Supreme Court to Hear FCA Seal Violation Issue," Crowell & Moring's Whistleblower Watch
(June 2, 2016).
Author: Robert Rhoad, Brian Tully McLaughlin, David W. O'Brien, Stephen M. Byers, and Jason M. Crawford.
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"Supreme Court Hears Arguments on FCA Implied Certification Theory," Crowell & Moring's Whistleblower Watch
(April 19, 2016).
Authors: Robert T. Rhoad, David W. O'Brien, Brian Tully McLaughlin, Jason M. Crawford, and Sarah Hill.
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"Cert Granted on Implied Certification Theory," Crowell & Moring's Whistleblower Watch
(December 9, 2015).
Authors: Robert T. Rhoad, David W. O'Brien, Brian Tully McLaughlin, Jason M. Crawford, and Jared Engelking.
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"Settlement in FCA Qui Tam Case Disposes of Claims Alleging Falsely Certified Compliance with Medicare Advantage Rating Instructions," Crowell & Moring's Health Law Blog
(February 6, 2015).
Co-Authors: David W. O'Brien and Barbara H. Ryland.
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"The False Claims Act Correction Act: Key Provisions and Implications," Payors, Plans & Managed Care, AHLA, Vol. 12, Issue 1
(January 2009).
Co-Authors: Chris Flynn, David W. O'Brien, Michael W. Paddock and Amy S. Lee.
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"An Emergency Guide to Federal Search Warrants," Crowell & Moring Business Crimes Update, Issue 15
(August 2004).
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"New Federal Law Targets Corporate Misconduct," Crowell & Moring Business Crimes Update, Issue 14
(August 2002).
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"The Privilege Against Self-Incrimination," Crowell & Moring Business Crimes Update, Issue 13
(February 2002).
Client Alerts & Newsletters
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"HHS' Distribution of Provider Relief Funding to Skilled Nursing Facilities Along with New Terms and Conditions Raises Compliance Considerations for Providers,"
Health Care Alert
(May 29, 2020).
Contacts: Jacinta Alves, John T. Brennan Jr., Mana Elihu Lombardo, Brian McGovern, Brian Tully McLaughlin, David W. O'Brien, Matthew Vicinanzo
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"HHS Begins Delivery of Cares Act Provider Relief Funding – What Providers Should Consider,"
Health Care Alert
(April 13, 2020).
Contacts: Jacinta Alves, Troy A. Barsky, James G. Flood, Brian Tully McLaughlin, David W. O'Brien, Matthew Vicinanzo, Jerrica Mathis
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"Summary of COVID-19 (Coronavirus) Stimulus Legislation,"
Tax Alert
(March 27, 2020).
Contacts: James G. Flood, Robert Holleyman, Tim Shadyac, Jerrica Mathis, S. Starling Marshall, Laurel Pyke Malson, W. Scott Douglas, Jacinta Alves, Thomas P. Gies, Scott Lessne, Eric Homsi, David W. O'Brien, Matthew Vicinanzo, Joshua Boswell, Trey Flowers, Peter Gray, Lisa Kimmel, Ph.D.
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"DOJ Moves to Dismiss Ten Kickback-Related False Claims Act Complaints Against Pharmaceutical Companies,"
False Claims Bullet Points
(December 21, 2018).
Contacts: Keith J. Harrison, David W. O'Brien
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"DOJ Resets Bar for Corporate-Cooperation Credit and Shifts Emphasis in False Claims Act Cases from Individual Accountability to Monetary Recovery,"
White Collar Alert
(November 30, 2018).
Contacts: Stephen M. Byers, Kelly T. Currie, Brian Tully McLaughlin, David W. O'Brien, Paul M. Rosen, Bridget Carr
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"Unqualified Expert Witness Causes DOJ to Dismiss FCA Case,"
Health Care Alert
(November 17, 2017).
Contacts: David W. O'Brien, John T. Brennan Jr., Brian Tully McLaughlin, Troy A. Barsky
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"Where Fraud Leads, We Will Follow: DOJ to Heighten Focus on Corporate Health Care Fraud, Health Care Executives, and Adequacy of Compliance,"
White Collar Alert
(April 19, 2016).
Contacts: David W. O'Brien, John T. Brennan Jr., Troy A. Barsky, Stephen M. Byers, Kelly T. Currie, Nimrod Haim Aviad, Laura Schwartz
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"Announcing "Whistleblower Watch," Crowell & Moring's New Blog Covering Whistleblower Issues,"
Labor & Employment Law Alert - US
(March 13, 2015).
Contacts: Kris D. Meade, David W. O'Brien, Mark R. Troy, Daniel W. Wolff, Gail D. Zirkelbach, Christine B. Hawes
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"Arbitrability Is for the Arbitrator to Decide,"
Government Contracts Bullet Points
(April 2, 2013).
Contacts: David W. O'Brien, David C. Hammond, Brian Tully McLaughlin
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"Whistleblower's FCA Claims Fail Public Disclosure and First-to-File Bars,"
Government Contracts Bullet Points
(April 1, 2013).
Contacts: David C. Hammond, David W. O'Brien, Brian Tully McLaughlin
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"Defense Verdict in Security Contractor Trial Affirmed,"
Government Contracts Bullet Points
(December 14, 2012).
Contacts: Brian Tully McLaughlin, David C. Hammond, David W. O'Brien
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"Attorney General Commits to 'Smart on Crime' Approach to Economic Crimes,"
Health Care Alert
(August 5, 2009).
Contact: David W. O'Brien
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"Supreme Court Deals Set-Back to Whistleblowers,"
Health Care Alert
(March 30, 2007).
Contact: David W. O'Brien
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"Supreme Court Deals Set-Back to Whistleblowers,"
Health Care Alert
(March 30, 2007).
Contact: David W. O'Brien
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"CMS Letter to State Medicaid Directors Offers Much-Needed Guidance on DRA Employee Education Requirements,"
Health Care Alert
(December 19, 2006).
Contact: David W. O'Brien
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"Out With Thompson - In With McNulty: Department of Justice Issues New Guidance to Prosecutors,"
Health Care Alert
(December 13, 2006).
Contact: David W. O'Brien
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"New Hospital Conditions of Participation to Take Effect January 26, 2007,"
Health Care Alert
(December 1, 2006).
Contact: David W. O'Brien
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"CMS Comes Down Hard on State Medicaid Fraud Enforcement Efforts,"
Health Care Alert
(June 14, 2006).
Contact: David W. O'Brien
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"Congress Requires False Claims Act Employee Materials for Medicaid Providers and Plans,"
Health Care Alert
(February 9, 2006).
Contact: David W. O'Brien
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"Court Says Provider Can See Search Affidavit,"
Health Care Alert
(February 5, 2005).
Contact: David W. O'Brien
Media Mentions
Firm News & Announcements