Preston Pugh helps companies, board committees and large organizations respond to high stakes whistleblower complaints and substantial reputational concerns. He is an experienced trial and investigations lawyer, a partner in the firm’s Government Contract’s practice, and co-leads its False Claims Act Practice. He has helped clients navigate many different types of crises—including commercial and government contract fraud investigations; C-suite corporate ethics concerns; whistleblower retaliation claims; broad-based harassment and discrimination complaints; and, other types of government investigations, including by Congress. He has been recognized by the Legal 500 for his work in corporate investigations.
At the beginning of his career, Preston served for several years in the federal sector, both at the United States Attorney’s Office in Chicago, and at the Appellate Court Branch of the National Labor Relations Board in Washington, D.C. Later, he became GE Healthcare’s Senior Counsel for Investigations and Litigation, where he led many of the company’s investigations in the U.S., Brazil, Western Europe, China, India and Korea. Since 2010, he has been appointed as a compliance monitor or deputy monitor in several federal and state cases, and is one of the few monitors in the country focused on workplace issues.
A known advocate in both trial and appellate courts, Preston has successfully tried a wide variety of federal cases, and has argued civil appeals in the majority of the U.S. Courts of Appeals. He has succeeded in two cases of first impression: one in the U.S. Court of Appeals for the First Circuit and another, as amicus counsel, in the Illinois Supreme Court. For 10 years, he served as part of the national faculty for the National Institute for Trial Advocacy. He has had significant involvement in the NBA and ABA, including his current role as a co-chair of the ABA CJS Qui Tam subcommittee, a co-chair of the ABA Global Anticorruption Committee, and a member of the ABA task force that drafted the first-ever ABA standards for corporate monitors.
Before joining Crowell & Moring, Preston was a partner and a member of the executive committee at a well-respected Washington, D.C. firm, and before that, a prominent trial boutique in Chicago. He was recognized as an "Illinois Super Lawyer" from 2011 to 2017 and received multiple Special Service Awards during his time at the U.S. Attorney's Office in Chicago. He is a prolific writer and speaker on topics including whistleblower cases, the False Claims Act, and corporate compliance investigations. He is licensed to practice in Washington, D.C., New York, and Illinois.
REPRESENTATIVE MATTERS
Whistleblower Investigations
- Led a team in the investigation of the chief of police for a large county authority, focused on more than ten years of workplace allegations of harassment, bullying and discrimination. Reported to and advised executive director of the county, and also county board of directors, regarding the same.
- Led the successful defense of a large healthcare provider in a ten-month OSHA whistleblower investigation regarding allegations of noncompliance with OSHA safety reporting standards and the provision of N-95 masks.
- Led an investigation of collective whistleblower concerns at a large nonprofit regarding racism, noncompliance with ADA standards, favoritism and bullying.
- Part of a team that investigated whistleblower allegations of misconduct against the executive director of a large museum.
- Led the internal investigation of a government contractor in the technology sector with respect to whistleblower concerns about the hiring of a third party in South America.
- Jointly led the investigation into allegations by a whistleblower regarding accounting and internal governance/compliance issues of a $5B non-U.S. headquartered company and its U.S. subsidiary, reporting results to external auditor.
- Conducted a nine-month internal investigation of a health care medical device company regarding allegations of kickbacks, off-label marketing, and other health care compliance issues.
- Retained by a board of directors to investigate numerous code of conduct complaints against the CEO of a large hospital, including conflicts of interest and other allegations.
- On behalf of a large corporation, investigated the company's Deputy Chief of Human Resources for numerous alleged code of conduct breaches.
- Investigated senior transportation executive for allegedly rigging a hiring process for pilots seeking promotion.
Government Investigations and Compliance Counseling
- Led team that represented former DNC Consultant/Chair of DNC Ethnic Council in foreign assistance investigation by the United States Senate.
- Led a top-to-bottom risk assessment of a global manufacturer in Europe, the Middle East, Africa, U.S., and Asia Pacific covering anti-corruption, third-party due diligence, cartels, government contracts, trade controls, and the use, availability, and structure of its whistleblower reporting channels.
- Represented the second largest hospital in Wisconsin after the tragic onsite homicide of a nurse-practitioner. Led a team to conduct an internal investigation of the homicide and hospital security protocols. Advised the hospital regarding communications and discussions with internal and external stakeholders. Represented the hospital in associated extensive OSHA investigation, which resulted in no adverse findings against the hospital.
- Jointly led the internal investigation of an airline in an industry-wide False Claims Act (FCA) and false statements investigation by the U.S. Department of Justice (DOJ) and the U.S. Postal Service (USPS). The investigation was both domestic and global, took place over several years, and involved dozens of witnesses.
- Defended FCA and criminal false statement allegations against a Division I university following a well-publicized 2013 dawn raid by 54 federal and state law enforcement agents. Advised university regarding crisis communications, discussions with law enforcement, internal and external stakeholders, and internal investigation of the issues. After several years, the DOJ closed the investigation with no charges filed.
- Jointly led an independent investigation of alleged conduct by coaches on a Big Ten sports team, including highly publicized allegations by student-athletes of abuse, favoritism, and racism. Drafted public report issued to all university alumni.
Litigation
- Currently representing a large MCO in arbitration of U&C claims against pharmacies for fraud and breach of contract.
- Defended three executives of a large Wall Street financial institution in a nationally publicized trade secrets and non-solicitation lawsuit filed by the executives’ former employer/financial institution. The case was litigated in both the Illinois Chancery Court and FINRA.
- Defended a bank accused of widespread racial discrimination against its customers. Arbitrated the case in 2018, showed allegations had no merit and ultimately achieved a complete victory on the merits of the case.
- Wrote the successful argument in one of the leading FCA implied certification qui tam cases in the Seventh Circuit, U.S. ex rel. Bragg v. SCR, part of the circuit split that led to the U.S. Supreme Court's decision in Universal Health Services v. U.S. ex rel. Escobar.
Affiliations
Admitted to practice: District of Columbia; Illinois; New York and before the U.S. Supreme Court, U.S. District Court, Northern District of Illinois, U.S. Court of Appeals, Sixth and Seventh Circuits
Professional Activities and Memberships
- Co-Chair, Global Anti-Corruption Committee, American Bar Association
- Co-Chair, Qui Tam Subcommittee, Criminal Justice Section, American Bar Association
- American Bar Association's Task Force on Corporate Monitors
- Leadership Greater Chicago, Class of 2012
- Former Member, Character and Fitness Committee, Illinois Attorney Registration and Disciplinary Committee
- Former Chair, Labor and Employment Committee, Chicago Bar Association
Speeches & Presentations
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"Labor & Employment," OOPS 2021, Crowell & Moring's 37th Annual Ounce of Prevention Seminar
(May 12, 2021).
Presenters: Trina Fairley Barlow, Kris D. Meade, Preston L. Pugh, and Rebecca L. Springer.
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"Government Contracts Investigations: The False Claims Act and Beyond," Investigations: Readiness and Response Webinar Series
(April 28, 2021).
Presenters: Stephen M. Byers, Lorraine M. Campos, Brian Tully McLaughlin, Preston L. Pugh, and M. Yuan Zhou.
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"Fireside Chat with Accenture's General Counsel Gerry Amann," National Bar Association Commercial Law Section’s 34th Annual Corporate Counsel Conference
(February 24, 2021).
Moderator: Preston L. Pugh.
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"Part 2 - Higher Education and the Biden Administration’s Priorities: Are there significant changes ahead?" Crowell & Moring Webinar
(February 16, 2021).
Presenters: Kate M. Growley, Laurel Pyke Malson, Preston L. Pugh, Tyler A. O'Connor, Suzanne E. Rode, and Eli Berns-Zieve.
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"Government Contracts and the Biden Administration’s Priorities: Significant Changes Ahead?" Crowell & Moring Webinar
(January 14, 2021).
Presenters: Jonathan M. Baker, Robert A. Burton, Adelicia R. Cliffe, Kate M. Growley, Stephen J. McBrady, Nicole Owren-Wiest, Preston L. Pugh, Rebecca L. Springer, Craig Barrett, Paul Freeman, and Eric M. Ransom.
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"What Are the Most Likely Federal and State Enforcement and Oversight Priorities in 2021, with a Particular Focus on False Claims Act Risks, and How Can Companies Prepare Now?" Crowell & Moring Webinar
(December 11, 2020).
Presenters: Natalie O. Ludaway, Preston L. Pugh, Rebecca Monck Ricigliano, and Michael Shaheen.
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"With the expected uptick in whistleblower activity and internal investigations conducted remotely; what are key issues employers should be considering?" Crowell & Moring Webinar
(December 8, 2020).
Presenters: Trina Fairley Barlow and Preston L. Pugh.
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"Procurement Fraud/FCA/Investigations," OOPS 20/20 - Setting Your Sights
(October 22, 2020).
Presenters: Brian Tully McLaughlin, Preston L. Pugh, Nkechi A. Kanu, and Jared Engelking.
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"Conversation with the Honorable G. Zachary Terwilliger, United States Attorney for the Eastern District of Virginia," OOPS 20/20 - Setting Your Sights
(October 20, 2020).
Moderators: Preston L. Pugh and Alexis Victoria DeBernardis.
Publications
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"DOJ Is Getting More Imaginative With False Claims Act Enforcement And Hitting A Growing Range of Organizations," Corporate Compliance Insights
(June 8, 2021).
Authors: Preston L. Pugh, and Danielle Rowan.
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"How To Cope With Increased Whistleblower Complaints," Law360
(January 21, 2021).
Authors: Preston L. Pugh, Trina Fairley Barlow, and Christine B. Hawes.
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"Asking the Right Questions: How Corporate Boards Can Better Respond To Race Discrimination and Harassment," Corporate Counsel
(October 1, 2020).
Authors: Preston L. Pugh, and Michelle Onibokun.
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"FEATURE COMMENT: You Win Some, You Lose Some: In Wake of Ninth Circuit Defeat, the Governments Gets a Big Win from Seventh Circuit Ruling Expanding its Dismissal Authority over FCA Qui Tam Actions," The Government Contractor, Vol. 62, No. 34
(September 16, 2020).
Authors: Brian Tully McLaughlin, Jacinta Alves, Preston L. Pugh, Lyndsay A. Gorton, and Sean K. Griffin.
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"Crisis Management Response—What the Board Wants," Law.com
(May 12, 2020).
Co-Authors: Preston Pugh and Abigail Stokes.
Client Alerts & Newsletters
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"How Vast Government Aid and Imaginative Enforcement Could Mean FCA Liability for a Growing Breadth of Industries,"
Government Contracts Bullet Points
(June 10, 2021).
Contacts: Preston L. Pugh, Danielle Rowan
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"Whistleblowing – A Guide to Compliance: Part 3,"
Whistleblowing – A Guide to Compliance
(May 3, 2021).
Contacts: Preston L. Pugh, Emmanuel Plasschaert, Rachel Lesser, Stefanie Tack
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""You Have to Come Down with a Sledgehammer, Not a Toothpick!" – Senator Grassley Previews Potential Amendments to Increase False Claims Act Enforcement and Recoveries,"
Government Contracts Bullet Points
(February 18, 2021).
Contacts: Brian Tully McLaughlin, Preston L. Pugh, Lyndsay A. Gorton
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"Eleventh Circuit Holds that a Sincere Belief is not the Same as a Reasonable One Under the False Claims Act’s Retaliation Provision,"
Government Contracts Bullet Points
(February 8, 2021).
Contacts: Trina Fairley Barlow, Brian Tully McLaughlin, Preston L. Pugh, Christine B. Hawes, Gabrielle Trujillo
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"How To Cope with Increased Whistleblower Complaints,"
Labor & Employment Law Alert - US
(January 22, 2021).
Contacts: Preston L. Pugh, Trina Fairley Barlow, Christine B. Hawes
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"EO 13950 Continues to Make Headlines: Agencies Issue Class Deviations and Lawsuits Challenging the EO are Pending,"
Labor & Employment Law Alert - US
(December 1, 2020).
Contacts: Trina Fairley Barlow, Peter Eyre, Kris D. Meade, Preston L. Pugh, Rebecca L. Springer, M. Yuan Zhou, Jillian Ambrose, Gabrielle Trujillo
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"COVID-19 Relief Fraud Prosecutions Target Increasingly Sophisticated Schemes,"
White Collar Alert
(November 20, 2020).
Contacts: Preston L. Pugh, Daniel L. Zelenko, Arlen Pyenson, Lisa Nicole Umans
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"NAACP Seeks Injunction of EO Banning Implicit Bias Training,"
Labor & Employment Law Alert - US
(October 30, 2020).
Contacts: Trina Fairley Barlow, Peter Eyre, Kris D. Meade, Preston L. Pugh, Rebecca L. Springer, Jillian Ambrose
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"OFCCP Issues Request For Information on EO Prohibiting Race and Sex Stereotyping and Scapegoating,"
Labor & Employment Law Alert - US
(October 23, 2020).
Contacts: Trina Fairley Barlow, Peter Eyre, Kris D. Meade, Preston L. Pugh, Rebecca L. Springer, Jillian Ambrose
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"Trump Executive Order Barring Race and Sex “Stereotyping and Scapegoating” Poses Special Challenges for Universities and Colleges,"
(October 19, 2020).
Contacts: Amanda Shafer Berman, Laurel Pyke Malson, Preston L. Pugh, Rebecca L. Springer
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"FCA Suit Alleging Manufacturer Fraudulently Induced HHS to Stockpile $1.4B of Tamiflu to Prevent Influenza Pandemic Allowed to Proceed,"
False Claims Bullet Points
(October 5, 2020).
Contacts: Brian Tully McLaughlin, Preston L. Pugh
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"Executive Order on Combating Race and Sex Stereotyping Bans Some Diversity Training, Raises Significant Constitutional and Other Questions for Contractors,"
Government Contracts Bullet Points
(September 23, 2020).
Contacts: Trina Fairley Barlow, Adelicia R. Cliffe, Kris D. Meade, Preston L. Pugh, Rebecca L. Springer, Jillian Ambrose
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"Dismissal, Says Who? Recent Seventh and Ninth Circuit Decisions Offer Competing Views on DOJ’s Dismissal Authority under the False Claims Act, But Congress May Have the Last Word,"
Government Contracts Bullet Points
(September 18, 2020).
Contacts: Brian Tully McLaughlin, Preston L. Pugh, Lyndsay A. Gorton
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"Funds Today, Investigation Tomorrow: SBA OIG Warns of Serious Concerns of Rampant Fraud with COVID-19 Relief Funds and Calls for Immediate Action,"
Government Contracts Bullet Points
(August 4, 2020).
Contacts: Mana Elihu Lombardo, Olivia Lynch, Brian Tully McLaughlin, Amy Laderberg O'Sullivan, Preston L. Pugh, Lyndsay A. Gorton
Media Mentions
Firm News & Announcements