Health
 
  White Collar Criminal Defense
 
James P. Holloway practices Health Law and White Collar Criminal Defense at Ober|Kaler.  

    

James P. Holloway
Principal
  jpholloway@ober.com
202-326-5045
202-336-5245 fax
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  Experience  

James provides counsel to health care providers in complex civil litigation and government investigations. He advises and assists clients in matters involving the False Claims Act, Medicare and Medicaid reimbursement litigation, health insurance coverage litigation, medical malpractice defense, and decertification and delicensing proceedings. He also handles commercial litigation involving false advertising claims, unfair trade practices, trade secrets, wrongful discharge and contract claims.

James represents national health care trade associations, managed care organizations, assisted living facilities, nursing homes, pharmacies, medical equipment suppliers, laboratories, hospitals and outpatient surgical centers.

 
 
    Representative Cases

Erin Brockovich v. Promise Healthcare (obtained dismissal on behalf of defendant in novel qui tam litigation filed under Medicare Secondary Payer Statute)

In re Humana Managed Care Litigation (assisted America’s Health Insurance Plans in connection with extensive third-party discovery conducted in significant multi-district litigation against managed care industry)

North Jackson Pharmacy v. Express Scripts (assisted Pharmaceutical Care Management Association in connection with third-party discovery conducted in class action against pharmacy benefit management industry)

U.S. ex rel. Howard v. Life Care Centers of America (obtained summary judgment on behalf of defendant in qui tam suit under the False Claims Act)

United States v. Gericare Medical Supply (on behalf of defendants, negotiated voluntary dismissal of False Claims Act case filed by the United States in exchange for defendants releasing malicious prosecution claim against the United States)

Dellorusso v. TLC Laser Vision Centers (on behalf of defendant, negotiated voluntary dismissal of Lanham Act claim without payment to plaintiff)

Alterra Clarebridge of Williamsville v. New York State Department of Health (on behalf of petitioner, successfully challenged state agency’s refusal to take required administrative action)

Forsyth v. Humana (obtained summary judgment on behalf of defendant in high profile class action representing first challenge to propriety of managed care discount arrangements)

In re Jenny Craig Weight Loss Centers (in FTC Section 5 administrative proceeding alleging deceptive advertising in connection with weight loss claims, negotiated consent order that established standardized disclaimer for weight loss industry)

 
 
    Admitted

Court of Appeals of the District of Columbia

Supreme Court of California

United States Courts of Appeals for the District of Columbia, Federal, Third and Fourth Circuits

United States Court of Federal Claims

United States Supreme Court

 
 
  Education

University of California, Hastings College of Law, J.D., 1986

Boston University, B.A., 1983

 
 
   Professional Background

Senior Counsel, Proskauer Rose, LLP

Associate, Casson & Harkins

Associate, Iverson Yoakum Papiano & Hatch