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

Washington, D.C. – October 8, 2007: Crowell & Moring LLP is pleased to announce the addition of partner Robert Rhoad to the firm's Health Care and False Claims Act groups. Based in the Washington, D.C. office, Rhoad represents both health care and government contract clients in complex litigation matters involving fraud and abuse, False Claims Act (FCA), antitrust claims, and criminal and civil government enforcement actions. A large portion of Rhoad’s practice is devoted to representing health care industry clients, including providers (private, Medicaid and Medicare), insurers/payors, and pharmaceutical and medical device manufacturers. In addition, he represents non-health care industry government contractors, including defense contractors and other companies that contract with federal and state governments as well as with international entities.

Rhoad joins Crowell & Moring from Porter Wright Morris & Arthur LLP, where he served as chair of the firm’s national Health Care Litigation Practice Group. His move is part of Crowell & Moring’s significant on-going expansion of its Health Care Group’s litigation bench, which last year gained eight attorneys in the Washington, D.C. office from King Pagano & Harrison.

“Health care companies are operating in a more complex environment than ever and, as a result, they are facing frequent and costly litigation exposure. Bob’s versatility and experience in handling high-stakes matters is a 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 government contractor clients in government enforcement actions involving fraud and abuse claims and FCA (whistleblower) claims. In addition, he has successfully represented health care clients as corporate plaintiffs in recovery actions under federal and state antitrust laws as well as state statutory and common laws.

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

Another recent high-profile case successfully litigated by Rhoad is United States 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 in Iraq. The case resulted in judgments for Rhoad’s clients on all of the fraud claims alleged under the FCA. In addition to his litigation practice, Rhoad also routinely counsels health care and government contractor clients on compliance issues relating to FCA and state false claims laws, clinical study regulations, and pharmaceutical drug pricing and contracting.

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

Prior to entering private practice in 1999, Rhoad served as an attorney/officer in the Navy Judge Advocate General’s (JAG) Corps in successive assignments as prosecutor, defense counsel, and civil litigation attorney. As both a prosecutor and defense counsel, Rhoad gained significant trial experience as lead counsel in numerous felony cases involving complex fraud issues. As a civil litigation attorney, Rhoad served as lead agency counsel for the Department of the Navy working with U.S. Attorney Offices throughout the country in the litigation and trial of health care-related cases brought under the Federal Tort Claims Act.

Since 2002, Rhoad has taught and currently teaches as an Adjunct Professor at The George Washington University Law School. He received his B.A. from the University of Vermont, his J.D. from Vermont Law School, and his LL.M., summa cum laude, from George Washington University School of Law.

Crowell & Moring LLP is a full-service law firm with more than 350 lawyers practicing in litigation, antitrust, government contracts, corporate, intellectual property and more than 40 other practice areas. More than two-thirds of the firm's lawyers regularly litigate disputes on behalf of domestic and international corporations, start-up businesses, and individuals. Crowell & Moring's extensive client work ranges from advising on one of the world's largest telecommunications mergers to representing governments and corporations on international arbitration matters. Based in Washington, D.C., the firm also has offices in California, New York, London, and Brussels.

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