Jed Wulfekotte

Partner
jwulfekotte@crowell.com
+1.202.624.2693

Jed Wulfekotte is a partner in Crowell & Moring’s Washington, D.C. office, where he is a member of the firm’s Litigation and Health Care groups. Jed represents clients as both plaintiffs and defendants in high-stakes complex commercial litigation matters spanning a wide range of highly regulated industries, most notably, health care, pharmaceutical, life sciences, insurance, government contracts, and technology. He also has significant experience representing clients involved in False Claims Act investigations and qui tam litigation, including matters involving the Department of Justice; Medicare and Medicaid; health care fraud laws; the Food, Drug, and Cosmetic Act; and the Anti-Kickback Statute.

Jed maintains a robust trial practice before federal and state courts and arbitration panels throughout the country. Leveraging his experience in False Claims Act cases, particularly those involving health care fraud, Jed specializes in identifying, developing, and litigating affirmative health care recovery matters for major health insurance companies. In 2021, Jed served as trial counsel to a Fortune 50 health plan as a plaintiff in two multi-week merits hearings, the first of which resulted in an interim award on liability (damages are pending), and the second of which resulted in a nine-figure final arbitration award. Over the course of his career, Jed has obtained approximately $750 million for clients in matters involving health care fraud and recovery.

In addition, Jed has served as president of the Asian Pacific American Bar Association for the Greater Washington, D.C. Area (APABA-DC), one of the oldest and largest associations of Asian Pacific American attorneys; and the APABA-DC Educational Fund (AEF), a non-profit organization that provides public interest fellowships and educational opportunities to law students. In 2018, Jed was recognized by the National Asian Pacific American Bar Association (NAPABA) with a Best Under 40 Award.

Prior to joining Crowell & Moring, Jed was a partner at a leading litigation firm in Washington, D.C.



Affiliations

Admitted to practice: District of Columbia; Virginia; U.S. District Court, Eastern District of Virginia; U.S. Bankruptcy Court, Eastern District of Virginia; U.S. District Court, District of Columbia


Professional Activities and Memberships

  • President, Asian Pacific American Bar Association of the Greater Washington, D.C. Area (APABA-DC), 2015 – 2016; President-Elect, 2014 – 2015; Immediate Past President, 2016 – 2017
  • Commissioner, D.C. Office of Asian and Pacific Islander Affairs, 2014 – 2016
  • President, Asian Pacific American Bar Association Educational Fund (AEF) Board of Directors, 2013 – 2014; Vice-President, 2012 – 2014


Representative Engagements

  • Served as trial counsel for a Fortune 50 health insurance company as a plaintiff in two evidentiary arbitration hearings in 2021 against large retail pharmacies. Obtained a favorable interim award on liability (damages are pending); obtained a favorable final award in the amount of $123 million.
  • Represented a group of Blue Cross and Blue Shield Association health insurance plans in cases pending in federal court alleging fraudulent submission of inflated prices in prescription drug claims.
  • Represented a Fortune 50 health insurer seeking to recover hundreds of millions of dollars in overpayments from a large retail pharmacy chain in litigation pending in the Delaware Superior Court.
  • Represented a Fortune 100 technology company related to defense contracting strategies and investigations. Advise client on a wide range of matters, including Congressional investigations, Executive Branch strategies, media strategies, and DoD OIG investigations.
  • Represented Maine Community Health Options in relation to third-party subpoena practice in two commercial arbitrations against pharmacy benefit managers.
  • Represented Linden Capital, a leading health care private equity firm, advising the firm and its portfolio companies related to litigation matters. Obtained full summary judgment related to claims brought against one of Linden’s portfolio companies in connection with the review and approval of an FDA-regulated clinical drug study. Subsequently secured denials of various motions brought by the plaintiff, including a motion for leave to amend the complaint to add new claims.
  • Represented a leading engineering, procurement, and construction contractor in a large commercial arbitration brought by an energy company seeking $2 billion in damages in connection with a $3.5 billion power plant project. Won a complete defense award following a 19-day arbitration in a matter that involved the production and review of 20 million documents and 50 depositions over two years.
  • Represented an engineering, procurement, and construction contractor of a nuclear power plant in connection with a False Claims Act and Tennessee Valley Authority OIG investigation related to alleged cost overruns and schedule delays.
  • Represented a qui tam relator in United States ex rel. Marc Baker v. Walgreen Co., Civ. No. 12 Civ. 0300 (JPO) (S.D.N.Y.). Obtained $110 million settlement under the False Claims Act in connection with Walgreen’s submission of false usual and customary prices to Medicaid for prescription drugs and its enrollment of government healthcare beneficiaries in a Prescription Savings Club.
  • Represented qui tam relators in United States ex rel. Michael R. Jones, M.D., et al. v. St. Joseph Health System, et al., Civ. No. 11-cv-81-GFVT (E.D. Ky.). Obtained $16.5 million settlement under the False Claims Act against a hospital chain and various physicians related to the performance of unnecessary invasive cardiac procedures in patients.
  • Represented a qui tam relator in United States ex rel. Dinesh S. Thakur v. Ranbaxy Laboratories Limited, Civ. No. 1:07-cv-00962-JFM (D. Md.). Obtained the largest drug safety settlement in history against India’s largest generic drug manufacturer in the amount of $500 million related to drug data falsification and systemic violations of current good manufacturing practices.
  • Represented United Therapeutics, an international pharmaceutical company, in McCormack, et al. v. Lucile Packard Children’s Hospital, et al., 115-cv-276910 (Cal. Super. Santa Clara Cty.) related to product liability claims. Secured a dismissal of all claims against United Therapeutics with limited discovery.


Speeches & Presentations

  • “Success Strategies in Litigation Finance: It’s Not About What you Should Do . . . . It’s About What Not to Do,” IMN 4th Annual Litigation Finance Conference (June 2022). Panelist: Jed Wulfekotte.
  • “Litigation Finance in the Corporate World,” IMN 3rd Annual Litigation Finance Conference (September 2021). Panelist: Jed Wulfekotte.
  • “Defense Perspective on Seeking Evidence of Materiality after Escobar,” Federal Bar Association Qui Tam Conference (February 2020). Panelist: Jed Wulfekotte.


Press Coverage



Firm News & Announcements

June 22, 2022 Health Care Litigation Partner Jed Wulfekotte Joins Crowell & Moring