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Douglas W. Baruch

LinkedIn
Partner, Litigation
Washington,  DC  U.S.A.
Phone+1.202.639.7052

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Experience & Credentials
 

Practice Areas

  • Litigation
  • Internal Investigations and Monitoring
  • Insurance
  • Health Care Fraud and Compliance
  • International Arbitration
  • Alternative Dispute Resolution
  • US Domestic Arbitration
  • Enforcement & Investigations
  • Qui Tam
  • White-Collar Criminal Defense
  • Antitrust and Competition
  • Antitrust Litigation
 
Contact InfoTelephone: +1.202.639.7052
Fax: +1.202.639.7003
http://www.friedfrank.com/index.cfm?pageID=42&itemID=133&more=1
 
University Johns Hopkins University, B.A., 1984
 
Law SchoolGeorgetown University Law Center, J.D., 1987
 
Admitted1987, Maryland; 1988, District of Columbia; United States Supreme Court; United States Courts of Appeals for the District of Columbia and Federal Circuits; United States Courts of Appeals for the Fourth, Sixth and Ninth Circuits; United States District Court for the District of Columbia; United States District Court for the District of Maryland
 
BornNew Brunswick, NJ
 
Biography

Douglas W. Baruch is a litigation partner resident in Fried Frank's Washington, DC office.

Mr. Baruch has extensive experience representing corporations and individuals in complex civil and criminal cases, including trial and appellate matters. Mr. Baruch's docket concentrates on cases arising under the False Claims Act, particularly health care, defense procurement, financial industry and federal grant fraud and enforcement matters. Mr. Baruch also conducts internal investigations for a variety of corporate clients. In addition, Mr. Baruch has represented numerous clients involved in complex international arbitrations, as well as multi-jurisdictional disputes involving foreign parties.

Mr. Baruch is co-chair of Fried Frank's Pro Bono Committee.

Honors & Awards

Mr. Baruch is recognized by Benchmark: Litigation and has been recognized by Legal 500 in International Arbitration.

Professional Associations

Member, Board of Directors, Washington Lawyers' Committee for Civil Rights and Urban Affairs

Publications

Client Memoranda

The SEC's Whistleblower Program: What the SEC Has Learned From the False Claims Act About Avoiding Whistleblower Abuses - and What FCA Enforcement Stands to Learn from the SEC, Jun 27, 2011
Authors: Douglas W. Baruch, John T. Boese, Dixie L. Johnson

Health Care Reform: More Aggressive Fraud Enforcement and Broader Government Oversight are on the Horizon, Nov 5, 2009
Authors: Beth C. McClain, Douglas W. Baruch, John T. Boese

"Effort Reporting" Compliance in Academic Research: The Dangerous New Enforcement Environment, Nov 9, 2005
Authors: John T. Boese, Douglas Baruch, Beth Collins McClain

Alerts and Newsletters

CIVIL FALSE CLAIMS ACT: Sixth Circuit Joins Second and Fifth Circuits in Holding That FCA Claims Based on Implied False Certifications Must Allege and Prove That the Alleged Violation Was a Prerequisite to Payment, Aug 31, 2011
Authors: Douglas W. Baruch, John T. Boese

Extraordinarily Long Statute of Limitations Applies to SEC Whistleblower Retaliation Actions, Jun 30, 2011
Authors: John T. Boese, Douglas W. Baruch

The SEC's Whistleblower Program: Lessons Learned from Qui Tam Enforcement under the False Claims Act , Jun 27, 2011
Authors: John T. Boese, Douglas W. Baruch

Reexamining Corporate Compliance Programs in Light of the SEC's Whistleblower Rules, Jun 21, 2011
Authors: John T. Boese, Douglas W. Baruch

SEC Adopts Whistleblower Program, May 25, 2011
Authors: John T. Boese, Douglas W. Baruch

The SEC Adopts Game-Changing Rules for Whistleblowers and their Employers, May 25, 2011
Authors: Dixie Johnson, Carmen Lawrence, William Johnson, Douglas Baruch

CIVIL FALSE CLAIMS ACT: Supreme Court Holds that Government FOIA Responses Are "Public Disclosures" and that "Opportunistic" FCA Suits Based on Information Obtained via FOIA Cannot Proceed, May 16, 2011
Authors: John T. Boese, Douglas W. Baruch

Ministry of Justice Issues Final Guidance on "Adequate Procedures" Under the UK Bribery Act, Mar 30, 2011
Authors: James Kitching

CIVIL FALSE CLAIMS ACT: Supreme Court Hears Oral Argument on Whether a FOIA Response is a "Public Disclosure", Mar 1, 2011
Authors: John T. Boese, Douglas W. Baruch

SEC's Whistleblower Rules Show What the SEC Has Learned (at Least For Now) From the False Claims Act About Avoiding Whistleblower Abuses, Dec 8, 2010
Authors: John T. Boese, Douglas W. Baruch

CIVIL FALSE CLAIMS ACT: D.C. Circuit Holds that "Collective Knowledge" is an Inappropriate Basis for FCA Liability, Dec 6, 2010
Authors: John T. Boese, Douglas W. Baruch

CIVIL FALSE CLAIMS ACT: Fifth Circuit Holds "Prerequisite to Payment" is a Fundamental Requirement in Establishing "Falsity" in a False Certification Case, Nov 3, 2010
Authors: John T. Boese, Douglas W. Baruch

CIVIL FALSE CLAIMS ACT: Tenth Circuit Breaks New Ground by Requiring Dismissal of Reverse False Claim Jury Verdict Based on Allison Engine Intent Requirement, Oct 29, 2010
Authors: John T. Boese, Douglas W. Baruch

CIVIL FALSE CLAIMS ACT: Supreme Court Agrees to Decide Another "Public Disclosure" Issue: Are Documents Obtained Through FOIA Requests "Public Disclosures" Under the False Claims Act?, Sep 29, 2010
Authors: John T. Boese, Douglas W. Baruch

CIVIL FALSE CLAIMS ACT: Here They Go Again, Round III: Financial Reform Bill Contains More FCA Amendments, Jun 29, 2010
Authors: John T. Boese, Douglas W. Baruch

CIVIL FALSE CLAIMS ACT: Justice Department Urges Supreme Court to Deny Certiorari on Original Source and Rule 9(b) Questions in Duxbury, but Suggests that the Court Should Grant Certiorari in Hopper Where Rule 9(b) Issue is "Squarely Presented", Jun 1, 2010
Authors: John T. Boese, Douglas W. Baruch

New Mexico Court Dismisses State Qui Tam Suit as Unconstitutional Due to Retroactive Application of the State False Claims Statute, May 5, 2010
Authors: John T. Boese, Douglas W. Baruch

CIVIL FALSE CLAIMS ACT: Here They Go Again - Newly Enacted Comprehensive Health Care Reform Law Contains More FCA Amendments, Mar 24, 2010
Source:
Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain

CIVIL FALSE CLAIMS ACT: Supreme Court Seeks Justice Department's Views on Critical "Original Source" and Rule 9(b) Issues, Feb 23, 2010
Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain

CIVIL FALSE CLAIMS ACT: Supreme Court Hears Oral Argument in Graham County II on Whether Fraud Allegations in State Reports are "Publicly Disclosed" for FCA Purposes, Nov 30, 2009
Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain

CIVIL FALSE CLAIMS ACT: District Court Holds that Applying FERA Amendment Retroactively Would Be Unconstitutional, Oct 28, 2009
Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain

CIVIL FALSE CLAIMS ACT: D.C. District Court Decision Limits Retroactive Effect of FERA Amendment to Pending "Claims," Not Pending Cases, Sep 16, 2009
Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain

CIVIL FALSE CLAIMS ACT: Flexible Rule 9(b) Standard Recently Applied by First and Fifth Circuits in FCA Cases Obviates Need for Legislative Change, Aug 27, 2009
Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain

CIVIL FALSE CLAIMS ACT: First Circuit "Public Disclosure" Decision Misreads the "Plain Meaning" of the FCA's Original Source Provision and Encourages Parasitic Suits, Aug 19, 2009
Authors: John T. Boese, Douglas W. Baruch, Beth Collins McClain

Articles

The SEC's Whistleblower Program: What the SEC Has Learned From the False Claims Act About Avoiding Whistleblower Abuses, Jul 29, 2011
Source: Harvard Business Law Review
Authors: Douglas W. Baruch

Supreme Court to Determine Key Issue Under False Claims Act's Public Disclosure Bar, Oct 29, 2010
Source: Washington Legal Foundation
Authors: John T. Boese and Douglas W. Baruch

By Denying Certiorari in Duxbury and Hopper, Supreme Court Maintains the Circuit Spilt Status Quo on Important Original Source and Rule 9(b) Questions, July/August 2010
Source: Financial Fraud Law Report
Authors: John T. Boese and Douglas W. Baruch

New Frontiers in Research: Liability Under the Civil False Claims Act, 2007
Source: Health Law and Compliance Update
Authors: Douglas W. Baruch

FISA: The Government's Secret Weapon, Winter/Spring 2001-2002
Source: Criminal Litigation Newsletter

Government Contractors and State Action: Problems for Both Contractors and the Government, 1985

News

News Releases

The Legal 500 United States 2010 Edition Recognizes Fifty-two Fried Frank Lawyers and Nineteen Practice Areas, Jun 8, 2010

Accolades

Fried Frank Receives Award in Recognition of Civil Rights Litigation Work, Jun 16, 2011

Media Mentions

Douglas Baruch speaks with BNA Health Care Daily about SCOTUS decision addressing FOIA data in FCA claims, May 17, 2011

BLT: The Blog of Legal Times reports Fried Frank's representation of Affiliated in a dismissal of whistleblower suit, Apr 21, 2011

Deal Pipeline notes Fried Frank's representation of Merck in its acquisition of Inspire Pharmaceuticals, Apr 5, 2011

Rankings - Benchmark
Benchmark: Litigation 2012, Dec 1, 2011

Events

Past Events

Speaking Engagements

Recent False Claims Act Amendments: What You Need to Know, Oct 7, 2010

Webinars

Financial Services Task Force Webinar Series: Overview of FERA Section 4, Dec 18, 2009

 
ISLN909211866
 

Documents by this lawyer on Martindale.com

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CIVIL FALSE CLAIMS ACT: Court Applies Contra Proferentem Doctrine against the Government in an FCA Case Based on an Ambiguous Contract Provision
Douglas W. Baruch,John T. Boese, February 13, 2012
In order to resolve the "falsity" element in many False Claims Act ("FCA") cases, courts often must grapple with the meaning of the contractual or regulatory term alleged to have been violated. The issue often is presented for court resolution when the FCA defendant argues that...

Extraordinarily Long Statute of Limitations Applies to SEC Whistleblower Retaliation Actions
Douglas W. Baruch,John T. Boese, July 11, 2011
In prior FraudMail Alerts, we pointed out that the new SEC whistleblower program borrowed many elements from the False Claims Act (“FCA”). See FraudMail Alerts Nos. 11-06-27; 10-12-08. Unfortunately, one outdated element borrowed from the FCA was an extraordinarily long statute of...

The SEC's Whistleblower Program: What the SEC Has Learned From the False Claims Act About Avoiding Whistleblower Abuses - and What FCA Enforcement Stands to Learn from the SEC
Douglas W. Baruch,John T. Boese,Dixie L. Johnson, June 29, 2011
The sweeping overhaul of the financial system in the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) included provisions in Section 21F of the Securities Exchange Act of 1934 (“Section 21F”) that required the SEC to pay substantial monetary...

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Office Information

Douglas W. Baruch
Fried, Frank, Harris, Shriver &
Jacobson LLP

801 17th Street, N.W.
Washington, DC 20006




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