Lawrence S. Sher

Government Contracts

• Recovered nearly US$2.0B as the lead attorney for a dozen health insurers in actions filed in the U.S. Court of Federal Claims against the United States for breach of statutory risk corridors payment obligations under the Affordable Care Act (ACA). Successfully appealed ACA risk corridors claims through the U.S. Court of Appeals for the Federal Circuit and the U.S. Supreme Court.
• Lead attorney representing several health insurers in actions filed in the U.S. Court of Federal Claims to recover hundreds of millions of Cost Share Reduction (CSR) payments owed by the United States under the ACA. Obtained multimillion judgments for CSRs owed to nations’ largest publicly-operated health plan.
• Obtained 12(b)(6) dismissal of False Claims Act (FCA) action filed in U.S. District Court for the District of Columbia accusing government contracts supplier of violating the Trade Agreements Act. The D.C. Circuit Court of Appeals affirmed the dismissal.
• Obtained Rule 12(b)(6) dismissal of FCA action filed in U.S. District Court for the District of Columbia accusing chemical companies of wrongly failing to report risk information to the U.S. Environmental Protection Agency the relator alleged was required by the Toxic Substances Control Act.
• Co-lead counsel in two successful liability and damages trials in the U.S. Court of Federal Claims representing financial institutions against the U.S. government in breach of contract actions arising out of Congress’ implementation of the Financial Institutions Reform, Recovery, and Enforcement Act legislation. Obtained multimillion dollar lost profits awards in both cases.
• Successfully defended and obtained affirmance of multi-million-dollar lost profits award for financial institution on appeal before the U.S. Court of Appeals for the Federal Circuit.
• Litigated numerous successful pre-and post-award bid protests on behalf of government contractors before the Government Accountability Office (GAO).
• Prevailed for Military-One-Source contractor in pre-award GAO protest over multi-billion dollar contract to provide vital behavioral health and other counseling services to active-duty service members and veterans.
• Prevailed in multiple, successive pre- and post-award bid protests before the DC Contract Appeals Board on behalf of a District of Columbia Managed Care Organization (MCO) Insurer awarded the District’s Managed Care Medicaid Contract valued at more than US$8B over a five-year period.
• Successfully defended Blue Cross Blue Shield insurer in state-level bid protests and concurrent litigation in defense of the award of a US$15B state Medicaid contract for the administration of employee health care services.
• Represented MCOs in state administrative appeals to recover millions of dollars in risk corridors and performance payments owed under state MCO contracts in D.C., CO and KS.
• Prosecution at administrative level and PA state courts of state-level bid protests for regional MCO over award of multi-billion dollar Pennsylvania health care services Medicaid and Community Health Choice contracts.
• Successfully removed to federal court and obtained dismissal of numerous product liability tort actions against global manufacturing company based on the government contractor defense and federal officer removal.
• Successfully prosecuted Civilian Board of Contract Appeal on behalf of government contractor against the U.S. Department of Veteran’s Affairs resulting in sanctions against the federal agency and the complete elimination of monetary penalties assessed against the contractor.
• Successfully defended size and status protests before the U.S. Small Business Association.
• Favorable resolution of IT contractor’s multimillion-dollar wrongful termination claim against the District of Columbia government before the D.C. Contract Appeals Board.
• Successfully defended U.S. government contractor in European arbitration proceeding alleging breach of contract and warranty claims.
• Successfully prevailed on motion to dismiss a FCA qui tam action against a major defense contractor arising out of Iraqi logistical support contract.
• Defended client in FCA qui tam action alleging violations of price-reduction clause under government contract with General Services Administration.
• Prevailed on motion to dismiss for defense contractor in multidistrict federal class action alleging loss of confidential information following theft of government data.
• Successfully defended construction services contractor in DC Attorney General’s investigation regarding alleged improper multimillion-dollar contract award.
• Conduct internal company investigations regarding alleged FCA violations and counsel on related potential disclosure obligations.
• Counsel semiconductor manufacturer on rights and compliance obligations under federal grants valued at over $100 million under the CHIPS Act.
• Counsel government contractors on their rights, obligations, and risk exposure under grants, teaming agreements, subcontracts and joint-venture agreements, and develop litigation avoidance strategies.
• Counseling clients to avoid exclusion, suspension and debarment from federal and state contracts.
• Initiate and respond to Freedom of Information Act (FOIA) requests and related FOIA litigation.
• Successful commercial arbitrations on behalf of National Railroad Passenger Corporation against railroads and others regarding breaches of the parties’ operating agreements.

Health Care

• Prevailed for regional health insurer on summary judgment dismissing Sherman Act antitrust claims filed in United States District Court, Eastern District of Louisiana.
• Prevailed for regional health insurer on motion to dismiss and summary judgment of all antitrust and state-law tortious interference claims filed in United States District Court, Eastern District of Tennessee.
• Obtained and recovered nearly US$2.0B in multiple judgments against the United States for breaches of statutory and contractual obligations under the ACA’s risk corridors program on behalf of 11 national health insurers.
• Obtained US$34M in two judgments in favor of nation’s largest publicly operated health plan against the United States for breaches of statutory and contractual obligations related to the ACA’s CSR program.
• Representing national health insurer in Congressional Investigation related to HHS OIG Report.
• Prevailed on motion to dismiss all claims against a national long-term care pharmacy in civil FCA qui tam action alleging Medicare and Medicaid fraud; defended dismissal affirmed on appeal by the Fourth Circuit.
• Successfully defended national rehabilitation therapy provider in FCA action that sought more than US$2B in damages, including those based on statistical sampling.
• Successful prosecution and settlement of multimillion-dollar claim on behalf of MCO before D.C. Contract Appeals Board relating to breach of contract and equitable adjustment claims against the District under multiyear MCO contract.
• National litigation counsel for medical device manufacturer in multiple lawsuits to recover reimbursement for robotic exoskeleton device that enables paraplegics to walk.
• Obtained temporary restraining order (TRO) against the District of Columbia in federal court to prevent suspension of medical service providers for alleged fraud.
• Defended national health care provider in arbitration alleging fraudulent payments under Medicare Advantage plans.
• Represent pharmaceutical and medical device manufacturer in internal compliance and FCA investigations.
• Represented large retail pharmacy chain before the Federal Trade Commission concerning regulatory and data security matters.
• Recovered on summary judgment millions of dollars of Medicaid reimbursements for long-term acute care (LTAC) hospital that had been wrongfully withheld by state Medicaid agency.
• Defended hospital in action brought by the District of Columbia alleging breach of contract, misappropriation, breach of fiduciary duties and wrongful foreclosure.
• Prosecuted breach of fiduciary duty, fraud, and advancement and indemnity claims in the U.S. District Court for the District of Delaware and the Delaware Chancery Court against public Canadian pharmaceuticals company concerning its acquisition of a U.S. pharmaceuticals company.
• Represented health services provider in American Health Lawyers’ Association arbitration.
• Represent health care providers and medical device manufacturers in administrative Medicare/Medicaid hearings and appeals.