David Douglass is co-Managing Partner of the Washington, D.C. office and a partner in the Government Contracts, Investigations & International Trade Practice Group.
Areas of Practice
For more than two decades David has drawn on his prosecutorial and trial experience to advise and represent life sciences companies, healthcare providers, payers and government contractors on compliance and risk management, defense of government investigations, litigation and, of course, trial. He has represented numerous companies and individuals in criminal and civil, False Claims Act (whistleblower), investigations and litigation. David has been lead trial counsel in federal courts, including Washington, D.C., Maryland, Virginia, North Carolina, Indianapolis and New York. In 2006 he successfully defended the first False Claims Act lawsuit brought against a private contractor, CusterBattles LLC, for work performed for the Coalition Provisional Authority. He was the past Chair of the ABA Health Law Section.
A substantial part of his practice consists of drawing upon his experience to strengthen his clients' compliance and risk management programs. In an era of unprecedented scrutiny by regulatory agencies, enforcement officials and potential whistleblowers, compliance and litigation risk management plans are an integral part of a sound business plan. By working closely with his clients to understand their risks, needs, resources and objectives, David helps them develop and implement practical risk management measures designed to reduce the risk of civil and criminal liability as well as the business disruption that can result from an investigation.
Even the best risk management plan cannot completely prevent investigations and litigation, however. When they do occur David draws upon his experience as a former prosecutor and experienced trial attorney to diagnose the nature of the investigation, triage the immediate needs and develop a sound litigation plan based on the company's resources, needs and business objectives.
David is a fellow of the American College of Trial Lawyers. The College is composed of the best of the trial bar from the United States and Canada. Fellowship is extended by invitation only and only after careful investigation to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Membership in the College cannot exceed one percent of the total lawyer population of any state or province.
David has led two high-profile government investigations. In 1994, he served as executive director of the White House Security Review, which resulted in the closing of Pennsylvania Avenue in front of the White House. In 1993 he served as assistant director of the Treasury Department's investigation of the raid on the David Koresh compound in Waco, Texas. David served as DOJ Trial Attorney, the Civil Rights Division, Criminal Section. Prior to that he was an Assistant United States Attorney for the District of Massachusetts.
David has taught Advanced Evidence as an adjunct professor at the George Washington University Law School and Trial Advocacy at Harvard Law School. He has written and lectured on government enforcement issues as they affect healthcare providers, pharmaceutical companies and medical device manufacturers.
David currently serves on the Advisory Board of the Institute for Inclusion in the Legal Profession, an organization comprised of corporations, law firms and attorneys devoted to driving real progress toward creating a more inclusive legal profession through comprehensive outreach and original programming to replace barriers with bridges between legal, judicial, professional, educational and governmental institutions. He previously served on the board of Appleseed Foundation, a nonprofit network of 17 public interest justice centers in the United States and Mexico dedicated to building a society in which opportunities are genuine, access to the law is universal and equal, and government advances the public interest.
•Top Attorney, Washingtonian Magazine, 2015
•Recipient, Inaugural ABA Healthcare Section's Champion of Diversity and Inclusion Award, 2015
•American College of Trial Lawyers
•Super Lawyers, 2007, 2010, 2014, 2015, 2016
Counsel for Boston Scientific in defense of False Claims Act litigation against predecessor company.
Successful defense of corporate executive who was a target in investigation of alleged export control violations.
2006: Successful trial defense of defendant in the first qui tam trial arising from contracting in Iraq. (Federal Court, Eastern District of Virginia)
2005: Jury verdict on behalf of Health Care Services Corporation in the first indirect-purchaser antitrust case to proceed to trial. (Federal Court, District of Columbia)
2003: Successful defense of a national healthcare provider against allegations of violations of the Medicaid Rebate Statute. (No indictment sought)
2002: Trial defense of individual charged with violation of the Arms Export Control Act. (Federal Court, District of Maryland, Baltimore Division)
Kaiser Foundation Health Plans
Health Care Services Corporation (formerly Blue Cross Blue Shield Texas)
Blue Cross Blue Shield Plans
•Author, Defending FCA Claims: Making the FCA Plaintiff Walk the Talk, The Federal Lawyer, December 2016
•Co-author, When It Comes To Crop Insurance, The FCA Bears Fruit, Law360, June 1, 2015
•Co-author, When the Government Is Your Customer: What Commercial Companies Need to Know About the False Claims Act, ABA Environmental, Mass Torts & Products Liability Litigation Committees' Joint CLE Seminar, January 2015
•Co-author, What Is a General Counsel to Do? In-House Defense Quarterly, Winter 2013
•Author, Qui Tam Litigation Defense: Three Dimensional Chess, American Bar Association's Litigating FCA Cases Teleconference, February 2011
•Author, The (Ir)Responsible Corporate Officer Doctrine and Contemporary Corporate Compliance: Protecting Responsible Corporate Officers from Irresponsible Prosecution, American Conference Institute's 15th Anniversary Drug & Medical Device Litigation, December 2010
•Author, Litigating Civil Cases in the Shadow of a Criminal Investigation, DRI Business Litigation and Intellectual Property Seminar, April 2010
•Author, Understanding and Accommodating the Department of Justice' Evolving Policies Concerning Cooperation and Waiver of the Attorney-Client Privilege in Directing Effective Internal Investigations, ABA National Institute on Internal Investigations, May 2009
•Co-author, Recent Developments in Corporate Cooperation Credit: Opening Pandora's Box or Slamming The Privilege Waiver Lid Shut, March 2009
•Co-author, The Corporate Attorney-Client Privilege: Preserving Privacy in the Age of Transparency, The Joan Fullam Irick Privacy Project III (IADC), 2007
•Author, U.S. Supreme Court Issues Important Ruling on the Original Source Requirement, Qui Tam Litigation Alert, March 28, 2007
•Co-author, Healthcare Fraud Enforcement Trends & Developments, Andrews White-Collar Crime Reporter, February 27, 2007
•Co-author, Exceptions to the McNulty Memo: Do They Render the Revisions Illusory? Andrews White-Collar Crime Reporter, February 27, 2007
False Claims Act Defense Blog Posts
• Fifth Circuit: No Anti-Kickback Violation When Defendant Merely Hopes or Expects Referrals from Benefits Designed for Other Purposes, November 18, 2016
• DOJ Seeks Rehearing in D.C. Circuit Case, Hoping to Resurrect Liability for a Contractor's “Objectively Reasonable” Interpretation of an Ambiguous Contract Provision, February 18, 2016
• Managed Care Plans: New Targets for Whistleblowers, October 20, 2015
• Kane et al., v. Healthfirst, Inc., et al. Is There Now a Judicially Created Return of Over-Payment Safe Harbor? September 10, 2015
Government Contracts, Investigations & International Trade Blog Posts
• When it Comes to Crop Insurance, the FCA Bears Fruit, April 30, 2015
Healthcare Law Blog Posts
• Supreme Court Preserves But Significantly Changes 'Implied Certification' Theory of False Claims Act Liability, June 17, 2016
• New Guidance on Contractor Self-Disclosure, August 21, 2014
• Lessons From A Cautionary Tale of Electronic Discovery Pitfalls in Health Care Litigation, July 2, 2014
• Ninth Circuit Off-Label Marketing Decision Suggests More Prosecutions Will Be Coming, March 7, 2013
•Lawyers Take Pride in Ancestry
ABA Journal, February 2017
•NOPD Reforms Moving Forward, Feds Say
But Many at Public Forum Say They're Too Little, Too Late
The Times-Picayune, January 28, 2015
•3 Tips For Workable FCA Release Programs
Law360, July 25, 2014
•Moderator, American Bar Association Washington Health Law Summit, The Impact of DOJ's New Corporate Healthcare Fraud Enforcement Strategies on Providers and Defense Counsel, Washington D.C., December 13, 2016
•Moderator, Implementation of Police Department Consent Decrees: Working Together Toward Institutional Change Conference, Tarleton State University, TX, November 4-5, 2016
•Speaker, Institute for Inclusion in the Legal Profession's International Program, Diversity as an Ethical Obligation for Lawyers, Lausanne, Switzerland, March 29, 2016
•Speaker, ABA Health Law Section's “Emerging Issues” conference, “Emerging Trends in False Claims Act (FCA) Damages Settlements, San Diego, CA, March 2-5, 2016
•Moderator, Institute for Inclusion in the Legal Profession and the National Association of Women Lawyers, Women and Minorities: Willing Partners or Reluctant Allies?, Washington, DC, July 15, 2014
•Panelist, American Conference Institute Inaugural Executive Forum on False Claims and Qui Tam Enforcement, A Step-by-Step Guide to Conducting an Internal Investigation of a False Claims Allegation: Scoping Your Action Plan from A to Z, New York, NY, January 29, 2014
•Panelist, 31st Annual National CLE Conference, Lessons from the Trenches: Trial of a Health Care Case, Vail, CO, January 9, 2014
•Panelist, American Bar Association 2013 Washington Health Law Summit, The Evolution of the OIG, Washington, DC, December 10, 2013
•Panelist, American Bar Association National False Claims Act and Qui Tam Trial Institute, Obtaining and Using Discovery from the Government, June 5-7, 2013
•Panelist, Strafford Webinars, Qui Tam Actions: Managing Whistleblower Suits for Class Action Counsel, February 7, 2013
•American Bar Association Health Law Section's 12th Annual Conference on Emerging Issues in Healthcare Law, Fraud and Abuse Enforcement Update, February 2011
•American Bar Association's Litigating FCA Cases Teleconference, Qui Tam Litigation Defense: Three Dimensional Chess, February 2011
•Law Education Institute's 28th Annual National CLE Conference, Health Care Reform in Practice: Federal and State Health Care Fraud Prosecutions, ” January 2011
•American Conference Institute's 15th Anniversary Drug & Medical Device Litigation Program, Managing the New Threat that Individual Corporate Officer Liability Poses to Pharmaceutical Companies, December 2010
•DRI's Business Litigation and Intellectual Property Seminar, Litigating Civil Cases in the Shadow of a Criminal Investigation, April 2010
•IPOA EuroConference 2010: Risk Management in Conflict and Post-Conflict Zones, Key issues in establishing compliance protocols to manage risk in volatile environments, April 2010
•Panelist, ABA National Institute on Health Care Fraud, “Mediating Health Care Fraud Cases, May 2009
•Panelist, National Institute on Internal Corporate Investigations and In-House Counsel, May 2009
•Panelist, ABA Business Law Section, “Aftermath of the Financial Meltdown: - Analyzing Future Litigation and Compliance Issues, April 2009
•Law Education Institute, Health Law Program, “Representing Medical Device and Other Supplier Companies, January 2009
•ABA Health Law 17th Annual Conference on Emerging Issues in Healthcare Law
•National False Claims Act and Qui Tam Trial Institute
Hosted by the American Bar Association
Ritz Carlton Denver, CO, June 3, 2015
•The American Bar Association 12th Annual Washington Health Law Summit
Ritz Carlton Washington, D.C., December 9, 2014
•Women and Minorities: Willing Partners or Reluctant Allies?
July 15, 2014