David W. O'Brien has represented both corporations and individuals in complex civil and criminal cases in federal courts throughout the country. These cases have typically presented issues related to the construction and performance of contracts with a variety of governmental agencies including the Departments of Defense and Health and Human Services. Prior to entering private practice, Mr. O'Brien served as an Assistant Commonwealth Attorney in Virginia and was a frequent lecturer to law enforcement organizations. He formerly served as an adjunct professor at the American University. Mr. O'Brien is a member of the District of Columbia and Virginia bars. He is a 1975 graduate of the Georgetown University Law Center and received his undergraduate degree cum laude from the University of Notre Dame in 1972. Recently, he has defended several large health care clients in False Claims Act cases initiated by both the government and qui-tam relators. He has lectured on the use of the False Claims Act in the managed care setting before the American Health Lawyers Association. Mr. O'Brien has also counseled corporate clients on employment issues and defended several Title VII cases.
In The News
Mr. O'Brien, was featured in a January 15, 2008 Compliance Week article, "Lawsuit Spotlights GC's Risk of Personal Liability," for his comments on the 2006 lawsuit filed by the Department of Justice and the U.S. attorney for the Southern District of Florida against Christi Sulzbach, the former general counsel for Tenet Healthcare. The lawsuit alleges that Tenet's General Counsel knowingly submitted false statements confirming that Tenet was in compliance with federal health care laws. According to O'Brien, "the message to come out of this case is that the government will scrutinize any certification, whether pursuant to a [corporate integrity agreement] or a regulatory obligation, and if it comes to conclude that the certification was problematic, it will take action."
Publications
· "The False Claims Act Correction Act: Key Provisions and Implications," Payors, Plans & Managed Care, AHLA, Vol. 12, Issue 1 (January 2009). Co-Authors: Chris Flynn, David W. O'Brien, Michael W. Paddock and Amy S. Lee.
· "An Emergency Guide to Federal Search Warrants," Crowell & Moring Business Crimes Update, Issue 15 (August 2004).
· "New Federal Law Targets Corporate Misconduct," Crowell & Moring Business Crimes Update, Issue 14 (August 2002).
· "The Privilege Against Self-Incrimination," Crowell & Moring Business Crimes Update, Issue 13 (February 2002).
Alerts & Newsletters
· "Attorney General Commits to "Smart on Crime" Approach to Economic Crimes," Health Law 'In The News' (August 5, 2009). Contact: David W. O'Brien.
· "Supreme Court Deals Set-Back to Whistleblowers," Health Provider Alert (March 30, 2007). Contact: David W. O'Brien.
· "Supreme Court Deals Set-Back to Whistleblowers," Health Law 'In The News' (March 30, 2007). Contact: David W. O'Brien.
· "CMS Letter to State Medicaid Directors Offers Much-Needed Guidance on DRA Employee Education Requirements," Health Provider Alert (December 19, 2006). Contact: David W. O'Brien.
· "Out With Thompson - In With McNulty: Department of Justice Issues New Guidance to Prosecutors," Health Provider Alert (December 13, 2006). Contact: David W. O'Brien.
· "New Hospital Conditions of Participation to Take Effect January 26, 2007," Health Provider Alert (December 1, 2006). Contacts: Kathleen M. Stratton, David W. O'Brien, Michael W. Paddock.
· "CMS Comes Down Hard on State Medicaid Fraud Enforcement Efforts," Health Provider Alert (June 14, 2006). Contacts: Kathleen M. Stratton, David W. O'Brien, Michael W. Paddock.
· "Congress Requires False Claims Act Employee Materials for Medicaid Providers and Plans," Health Law 'In The News' (February 9, 2006). Contacts: Arthur N. Lerner, David W. O'Brien.
· "Court Says Provider Can See Search Affidavit," Health Law 'In The News' (February 5, 2005). Contact: David W. O'Brien.
Speaking Engagements
· "The Blind Side: A Rash of False Claims Act Amendments And New Liability Exposure for Healthcare Entities," Crowell & Moring's 2010 Healthcare Ounce Of Prevention Seminar (HOOPS) (April 26, 2010). Presenters: Robert T. Rhoad and David O'Brien.
· "Highlights Of H.R. 4854 'The False Claims Act Correction Act of 2007' and DOJ's Views," The Future of the False Claims Act: Recent Judicial and Legislative Highlights - Crowell & Moring's HOOPS 2008 (October 2008). Co-Presenters: David W. O'Brien and Michael W. Paddock.
· "We Might Have Been Overpaid. What Should We Do?," Crowell & Moring Health Care Repayment Issues Webinar (June 2008). Co-Presenters: David W. O'Brien, Christine C. Rinn, and Robert L. Roth.
· "U.S. v. Sulzbach: Government Theories, Potential Defenses, and Lessons Learned," Crowell & Moring's 2007 Healthcare Ounce of Prevention Seminar (HOOPS) (October 2007). Co-Presenters: David W. O'Brien, Christine C. Rinn and Michael W. Paddock.
· "U.S. v. Sulzbach: What Every Compliance Officer Needs to Know," AdvaMed Device and Diagnostics Compliance Group Meeting (October 4, 2007). Co-Presenters: David W. O'Brien and Michael W. Paddock.
· "U.S. v. Sulzbach: Government Theories, Potential Defenses, and Lessons Learned," Crowell & Moring U.S. v. Sulzbach Webinar (September 26, 2007). Co-Presenters: David W. O'Brien, Christine C. Rinn and Michael W. Paddock.
· "Whistling While You Work: Dangers of a Qui Tam Lawsuit and How to Avoid Them," Crowell & Moring Healthcare Ounce of Prevention Seminar (October 27, 2005). Co-Presenters: John T. Brennan, Jr., David W. O'Brien and Michael W. Paddock.