David T. Fischer



David T. Fischer is a special counsel in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office.

Areas of Practice

David's practice focuses on representing individuals and companies in civil and regulatory government enforcement actions, including false claims act and antitrust matters. David has represented both plaintiffs and defendants in these matters, including qui tam whistleblowers in False Claims Act matters, and has conducted internal investigations for national and international companies; represented parties in qui tam actions; assisted companies and individuals in responding to federal and state governmental investigations; and represented companies in both antitrust litigation and merger investigations.


•Co-author, Feature Comment: Lessons Learned On The Second Anniversary Of Universal Health Servs., Inc. v. U.S. ex rel. Escobar, The Government Contractor, Vol. 60, No. 21 , June 6, 2018
•Co-editor, The Antitrust Review, 2004-2012
• Digital Evidence in Competition Investigations: National Comparisons (United States), Concurrences Review, November 2009
• Dr. Miles: Will The Supreme Court Find a Cure?, The Antitrust Source, February 2007
• Cardizem CD , K-Dur , Plavix , and OxyContin : Have We Entered The Endgame of Antitrust Uncertainty Towards Pharmaceutical Patent Litigation Settlements?, Health Lawyers Weekly, Vol. 4, No. 48, American Health Lawyers Association, December 15, 2006

False Claims Act Defense Blog Posts

• Health Care Suits at Center Stage in DOJ’s FCA Recovery Report for FY 2018, January 11, 2019
• Supreme Court To Address False Claims Act Statute of Limitations, November 28, 2018
• The Supreme Court Discusses When A Statute May Be Unconstitutionally Vague - Will It Be Extended to False Claims Act Cases?, May 11, 2018
• DOJ’s Blue Book Partially Unsealed, January 26, 2018
• DOJ Formalizes Guidance for Government Dismissal of Unmeritorious Qui Tam Suits, January 25, 2018
• Change in Policy or Same Old Story? DOJ Suggests it Will Dismiss Unmeritorious Qui Tam Suits, November 3, 2017
• DC Circuit Finds Government Failure to Seek Repayment is “Very Strong Evidence” of Non-Materiality In False Claims Act Case, March 1, 2017
• HHS OIG Publishes Final Rule on Anti-Kickback Statute: Safe Harbors And Monetary Penalties, December 8, 2016

Healthcare Law Blog Posts

• The Department of Justice Delivers Some Good News to the Healthcare Industry: New False Claims Act Guidance Predicts More Challenges to Qui Tam Plaintiffs, January 29, 2018

Media Mentions

•Last Insurer Settles With Mylan In $67M Antitrust Appeal
Law360 , May 4, 2018
•FCA Enforcement Under Sessions DOJ Offers More Of The Same
Law360 , November 21, 2017

Speaking Engagements

• What Circuits and District Courts the Relators and Defense Favor and Those They Try to Avoid, ACI’s Life Sciences & Healthcare False Claims Litigation, May 22, 2018
• Substantive and Procedural Motions, District of Columbia Bar Association CLE Program Pre-Trial Skills Series, October 22, 2009, October 29, 2010 & October 20, 2011, November 29, 2012, November 13, 2013, November 6, 2014, November 12, 2015, and November 29, 2016
• Damages: How Big or Small Is Your Case, ABA National False Claims Act and Qui Tam Trial Institute, June 6, 2013
• Reimbursement and False Claims Act Fundamentals, ABA Health Law Section, May 19, 2011 and February 7, 2013
• In-House Counsel Update, ABA Section of Antitrust Law Corporate Counseling Committee, June 2, 2011
• False Claims Act Changes and Challenges, Department of Energy Contractor Attorneys' Association's (DOECAA) Spring Conference, May 13, 2010
• The Government's Crackdown on Clinical Research Misconduct, Drug Information Association's Liability Risks in Clinical Trials Program, February 25, 2010

Areas of Practice (3)

  • Antitrust and Competition
  • Government Contracts, Investigations & International Trade
  • False Claims Act

Education & Credentials

Contact Information:
202.747.3270  Phone
202.747.3914  Fax
University Attended:
Miami University, B.A., 1996
Law School Attended:
Georgetown University Law Center, J.D., 1999
Year of First Admission:
U.S. Court of Appeal, Sixth Circuit; U.S. District Court for the District of Columbia; U.S. Court of Appeals for Veterans Claims; U.S. Court of Appeal for the District of Columbia Circuit; U.S. District Court, Southern District of Ohio; Ohio; 2001, District of Columbia


•Board of Directors, Clarendon Child Care Center
•Editorial Advisory Board for Competition Law360, 2010-2011


Peer Reviews

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*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (3)

Documents by this lawyer on Martindale.com

Washington, District of Columbia

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