Frederick R. Ball

Frederick R. Ball

Frederick (Rick) R. Ball is a trial lawyer focusing his practice in areas in which companies or individuals are adverse to state or federal governments, including administrative, civil and criminal matters, with the FDA, DEA, CMS and other regulatory agencies. Mr. Ball also regularly deals with enforcement of noncompetition agreements, protection of trade secrets and regulatory compliance.

He is admitted to the Illinois State Bar, the Trial Bar of the U.S. District Court for the Northern District of Illinois, the Seventh Circuit and the U.S. Supreme Court. A member of the American and Illinois State bar associations, he is a 1996 cum laude graduate of Cornell Law School and a graduate of the University of Colorado at Boulder.

Areas Of Practice

· Commercial Litigation

· Regulatory Enforcement

Representative Matters

· Negotiated agreement to contest matter as a civil forfeiture action, as opposed to criminal violations of the Food Drug and Cosmetic Act, on behalf of importer accused of importing misbranded and counterfeit pharmaceuticals.

· Negotiated voluntary surrender of DEA registration on behalf of pharmacy and owner allegedly engaged in significant diversion of controlled substances in violation of federal and state law. In return, DEA agreed not to pursue criminal or civil actions and permitted transfer of controlled substances to another pharmacy.

· Obtained no further action letter from state authorities on behalf of corporation and new management following voluntarily self-reporting of violations of state controlled substances act and statutes and regulations governing out of state wholesalers after internal investigation.

· Obtained preliminary injunction on behalf of National Association of Chain Drug Stores and National Community Pharmacists Association in litigation against federal Department of Health and Human Services and Centers for Medicare and Medicaid enjoining implementation of reimbursement rule that would have cost pharmacies $8,000,000,000.

· Ikon v. Reeves: obtained temporary restraining order and preliminary injunction enforcing restrictive covenants

· Brown v. Ryan: successfully tried case against state of Illinois involving interpretation of trust document

· Innotek v. Wright Medical: successful defense of trade secrets arbitration

· Gustafson v. Gonzales: obtained temporary restraining order and permanent injunction enforcing restrictive covenants

· Represented drug wholesaler in criminal and civil investigation regarding importation of unapproved new drugs

· Represented several mail order pharmacies in DEA, FDA, and DOJ investigations regarding dispensing of controlled substances

· Prepared and negotiated "voluntary" recalls on behalf of several manufacturers of dietary supplements and generic pharmaceuticals for alleged violations of cGMP

· Advised numerous wholesalers and manufacturers on registration and pedigree requirements

· Advised numerous entities on import requirements for registration and APIs

· Represented compounding pharmacy during criminal, civil, and administrative investigation into dispensing HGH

· Represented a generic pharmaceutical company in all regulatory matters related to acquisition.

Professional Activities

· American Bar Association
- Chair, Subcommittee on Privilege for Commercial and Litigation Committee

· Illinois State Bar Association

Experience

· Duane Morris LLP
- Partner, 2005-present
- Associate, 1999-2004

· Holleb & Coff, Chicago, Illinois
- Associate, 1996-1999

· United States Army, 1985-1987

Selected Publications

· "Ninth Circuit Opens Door to Pricing Suits by 340B Entities," Duane Morris Alert, September 3, 2008

· "DEA Issues Proposed Rule on E-Prescribing," Duane Morris Alert, July 10, 2008

· "Settlement Bans Health Care Provider's Participation in Federally Funded Plans," Duane Morris Alert, June 25, 2008

· "OIG Reports on FDA Generic Drug Review Process," Duane Morris Alert, June 23, 2008

· "Nursing Homes Be Aware: OIG Issues Supplemental Compliance Program Guidance," Duane Morris Alert, May 21, 2008

· "FDA Announces Draft Prescription Drug User Fee Act for Drug Safety Five-Year Plan," Duane Morris Alert, May 6, 2008

· "All about noncompetes; Agreements aren't enforceable in every state," Modern Physician, April 2006

· "Re-Exporting Seized Drugs: A User's Guide to 21 U.S.C. § 334(d)(1)," Update Magazine, May/June 2004

· "The Attorney-Client Privilege in Director and Shareholder Litigation," Illinois State Bar Journal, October 2001

· "The Attorney Client Privilege in Illinois State and Federal Courts," Illinois State Bar Journal, August 1998

Selected Speaking Engagements

· Speaker, Food and Drug Law Institute's Introduction to Drug Law and Regulation conference, Washington, D.C., June 26-27, 2008

· Speaker, "E-Discovery Ramifications of the Qualcomm Case," Webinar, March 18, 2008

· Speaker, Food and Drug Law Institute's Introduction to Drug Law, Import and Export Issues, January 19, 2007

· Speaker, Food and Drug Law Institute's Introduction to Drug Law, Enforcement, January 19, 2007

· Speaker, "Protect Your Client: Non-Competition Agreement Enforcement in Illinois," National Business Institute seminar, Chicago, Illinois, January 29, 2003

· Presenter, Practical Legal Ethics in Illinois, Issues and Answers, National Business Institute, Chicago, Illinois, October 31, 2002

· Presenter, "The Attorney Client Privilege in Illinois," National Business Institute, Chicago, Illinois, July 18, 2001

· "Non-Competition Agreements and Protection of Trade Secrets Under Illinois Law," National Business Institute Seminar, Chicago, Illinois, February 2, 2004

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