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Profile Picture

Jonathan M. Phillips

Jonathan
Phillips

Partner

CONTACT INFO

jphillips@gibsondunn.com

TEL:+1 202.887.3546

FAX:+1 202.530.9530

Washington, D.C.

1050 Connecticut Avenue, N.W., Washington, DC 20036-5306 USA

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PRACTICE

FDA and Health Care False Claims Act/Qui Tam Defense Government Contracts Life Sciences Litigation White Collar Defense and Investigations

BIOGRAPHY

Jonathan Phillips is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where he is a member of the firm’s litigation department. A former DOJ Trial Attorney, his practice focuses on FDA and health care enforcement, compliance, and litigation, as well as other white collar enforcement matters and related litigation.

Mr. Phillips has substantial experience representing health care, pharmaceutical, and medical device clients in civil and criminal enforcement actions by the Department of Justice, Food and Drug Administration, Department of Health and Human Services Office of Inspector General, State Attorneys General, and other federal and state agencies, as well as related whistleblower litigation.  He has particular experience representing clients in health care enforcement matters brought under the False Claims Act, the Anti-Kickback Statute, the Stark Law, and the Federal Food, Drug, and Cosmetic Act, and their state analogues on a wide variety of theories.  He also regularly counsels clients on health care fraud and abuse compliance matters, including Corporate Integrity Agreement implementation and compliance, and conducts related internal investigations and risk assessments. Mr. Phillips also has extensive experience defending government contractors and their affiliates in government investigations under the False Claims Act and related breach-of-contract theories, and in related government and whistleblower litigation.  Mr. Phillips has been named a Law 360 “Rising Star” in both the Health (2016) and Government Contracts (2018) fields.

Prior to joining Gibson, Dunn & Crutcher, Mr. Phillips worked as a Trial Attorney in the Civil Division, Fraud Section of the U.S. Department of Justice, where he investigated and prosecuted allegations of fraud against the United States under the False Claims Act and related statutes.  His work at DOJ included handling a variety of health care enforcement cases including allegations of pharmaceutical and device fraud, such as off-label promotion, adulterated products, and Anti-Kickback Statute violations, as well as a variety of other types of alleged Medicare and Medicaid provider fraud. Mr. Phillips also investigated and tried cases involving bid rigging and other allegations of fraud by government contractors while at DOJ.

Representative Matters – Health Care Enforcement, Investigations and Litigation

  • Defended one of the country’s largest hospital and health care services providers in nationwide parallel criminal and civil investigation by DOJ and HHS OIG of medical necessity and quality-of-care allegations, resulting in closure of criminal case with no charges and successful multi-qui tam civil settlement.
  • Defended biotechnology provider of molecular genetic testing products in parallel DOJ criminal and civil investigation of allegations of upcoding and under the Anti-Kickback Statute and beneficiary inducement prohibitions, resulting in a Non-Prosecution Agreement and favorable civil settlement.  Representing the company in related Corporate Integrity Agreement implementation and compliance work.
  • Representing special litigation committee of the board of a leading pharmaceutical wholesaler and service provider in investigation of shareholder derivative claims regarding board oversight of company compliance program.
  • Conducted internal investigation for special committee of the board of a leading academic medical center of surgical quality-of-care and quality oversight issues, resulting in detailed report of recommendations for improvement of governance and quality monitoring areas.
  • Represented pharmaceutical manufacturer in parallel criminal and civil DOJ investigation of alleged antitrust violations related to drug prices, resulting in Deferred Prosecution Agreement, favorable civil False Claims Act settlement, and no Corporate Integrity Agreement required by HHS OIG.  Named a “Matter of the Year” by Global Competition Review.
  • Defended large hospital system in nationwide DOJ investigation under the False Claims Act of allegations involving medical necessity of interventional cardiology procedures and quality system oversight, resulting in DOJ declination and dismissal of the underlying qui tam.
  • Representing global pharmaceuticals manufacturer in False Claims Act and Anti-Kickback Statute investigation of allegations regarding arrangements with specialty pharmacies and patient support programs.
  • Represented large, nationwide pharmacy chain in False Claims Act investigation of the company’s reporting of “usual and customary” drug prices, resulting in successful settlement.
  • Defended manufacturer of medical and scientific research equipment in qui tam litigation involving alleged violations of federal regulatory restrictions on radiation emissions, resulting in a complete victory including summary judgment for the defendant and affirmance of the judgment in the Ninth Circuit.
  • Defended cardiac specialty hospital and a related real estate investment company in DOJ investigation of alleged violations of the Anti-Kickback Statute and False Claims Act regarding physician interactions.

Representative Enforcement and Litigation Matters – Defense, Technology, and Other Government Procurement

  • Defended semiconductor manufacturer in False Claims Act investigation of alleged violations of International Trafficking in Arms Regulations (ITAR), including obtaining DOJ declination, dismissal of the relator’s complaint on the pleadings, and affirmance of the dismissal in the Ninth Circuit.
  • Defending a leading engineering and construction company in False Claims Act suit brought by DOJ alleging cost accounting noncompliance under large nuclear site contract, including in the first referral of contract-based fraud allegations for an advisory opinion by the Board of Contract Appeals under the Contract Disputes Act.
  • Defended engineering and R&D firm in parallel criminal and civil DOJ investigation of alleged timecard fraud that resulted in DOJ declination of both the criminal and civil cases, and a successful motion to dismiss the underlying qui tam.
  • Defended government contractor providing logistics and network management services to the military in DOJ investigation of alleged fraudulent bills for goods and services not provided, resulting in DOJ declination and dismissal of the underlying qui tam.
  • Defended global aerospace engineering firm in False Claims Act investigation involving alleged nonconformity to client and military service specifications, resulting in DOJ declination and dismissal of the underlying qui tam.

Speaking Engagements and Academic Work

  • Adjunct Professor, Columbus School of Law, Catholic University of America – Health Care Compliance Seminar, Fall 2020
  • “Preparing for Enhanced Antitrust Enforcement in Government Procurement,” Gibson Dunn Webcast, Dec. 2019)
  • “Top Legal Threats and Trends Facing FDA-Regulated Companies,” Food and Drug Law Institute’s annual Enforcement, Litigation, and Compliance Conference (Dec. 2019)
  • “False Claims Act Enforcement, Policy Updates, and Trends in Patient Support,” Food and Drug Law Institute’s annual Enforcement, Litigation, and Compliance Conference (Dec. 2018)
  • “Building Safeguards into Patient Assistance and Support Programs in order to Mitigate Risk,” American Conference Institute’s 18th Annual Forum on Fraud and Abuse (March 2018)
  • “False Claims Act Litigation in a Post-Yates World: Has the Government Changed Its Approach and Should You?” American Bar Association Litigation Section Annual Conference (May 2017)
  • “Developments in False Claims Act Enforcement,” Food and Drug Law Institute webinar (April 2017)
  • “Going on the Offensive: Strategies for Investigating, Combating, and Affirmatively Litigating Against Fraud,” HCCA Managed Care Compliance Conference (Jan. 2017)
  • “False Claims Act Enforcement Targeting Drug and Device Companies,” Food and Drug Law Institute’s annual Enforcement, Litigation and Compliance Conference, Washington, D.C. (Dec. 2016)
  • “Litigating Against the Government,” moderated panel sponsored by the Bar Association of D.C. (Nov. 2016)
  • “Hot Topics in Fraud and Abuse Enforcement Involving Health Care Providers,” Gibson Dunn Webcast (Sept. 2016)
  • “How DOJ Can Build a Successful Case Against You: Understanding the Anatomy of a Government Investigation of False Claims,” American Conference Institute’s inaugural Advanced Forum on False Claims and Qui Tam Enforcement, New York, NY (January 2014)

Sample Publications

  • Gibson Dunn’s False Claims Act Year-End and Mid-Year Updates, (co-author) 2013-2020
  • “Using and Defending Against Statistical Sampling in False Claims Act Cases” (co-author) (AHLA Connections, January 2017)
  • “FCA Liability After Escobar: Challenges and Opportunities for Device Companies” (co-author) (MedTech Insight, October 2016)
  • “Compliance Perspectives on the Developing Contours of the Patient Safety and Quality Improvement Act” (co-author) (HCCA Compliance Today, October 2016)
  • “Compliance Implications of the Rise of False Claims Act Cases Based on the 60-Day Rule” (Westlaw Journal Health Care Fraud, November 2015)

Previously, Mr. Phillips was an associate at a law firm in Washington, D.C., and served as a law clerk for Judge J. Curtis Joyner of the U.S. District Court for the Eastern District of Pennsylvania.

Mr. Phillips received his law degree from the University of Pennsylvania, where he was a Senior Editor of the University of Pennsylvania Law Review, co-chair of the Moot Court Board, and an Arthur Littleton & H. Clayton Louderback Legal Writing Instructor. Mr. Phillips earned his undergraduate degree from the University of Pennsylvania.

Mr. Phillips is a member of the bars of the State of Maryland and the District of Columbia.

EDUCATION

University of Pennsylvania - 2007 Juris Doctor

London School of Economics & Political Science - 2003 Master of Science

University of Pennsylvania - 2002 Bachelor of Arts

ADMISSIONS

District of Columbia Bar

Maryland Bar

RECENT PUBLICATIONS

Publications - November 5, 2020 | Webcast: The False Claims Act: Updates for Health Care Providers
Publications - October 22, 2020 | Webcast: The False Claims Act: Updates for Drug & Device Manufacturers
Publications - October 14, 2020 | Webcast: The False Claims Act: Updates for the Government Contracting Sector
Client Alert - July 17, 2020 | 2020 Mid-Year False Claims Act Update
Client Alert - April 14, 2020 | FDA Round-Up: Overview of Emergency Actions to Expedite the Availability of Medical Products to Combat COVID-19
Client Alert - April 1, 2020 | Implications of COVID-19 Crisis for False Claims Act Compliance
Client Alert - January 31, 2020 | 2019 Year-End False Claims Act Update
Publications - December 6, 2019 | Webcast: Preparing for Enhanced Antitrust Enforcement in Government Procurement
Client Alert - November 11, 2019 | DOJ Announces a New Strike Force to Combat Antitrust Misconduct in Government Procurement
Client Alert - November 5, 2019 | U.S. Department of Justice and U.S. Department of Housing and Urban Development Issue Memorandum on Application of the False Claims Act
Publications - October 16, 2019 | Webcast: The False Claims Act – 2019 Mid-Year Update: Health Care and Life Sciences Sector
Publications - October 2, 2019 | Webcast: The False Claims Act – 2019 Mid-Year Update: Government Contracting Sector
Client Alert - August 15, 2019 | 2019 Mid-Year FDA and Health Care Compliance and Enforcement Update – Providers
Client Alert - July 16, 2019 | 2019 Mid-Year False Claims Act Update
Client Alert - May 14, 2019 | Cooperation Credit in False Claims Act Cases: Opportunities and Limitations in DOJ’s New Guidance
Client Alert - March 7, 2019 | 2018 Year-End FDA and Health Care Compliance and Enforcement Update – Providers
Client Alert - February 13, 2019 | 2018 Year-End FDA and Health Care Compliance and Enforcement Update – Drugs and Devices
Client Alert - January 10, 2019 | 2018 Year-End False Claims Act Update
Publications - September 12, 2018 | Webcast: The False Claims Act: 2018 Mid-Year Update for Government Contracting
Publications - August 30, 2018 | Webcast: The False Claims Act – 2018 Mid-Year Update: Three Industry-Specific Programs
Publications - August 23, 2018 | Webcast: The False Claims Act – 2018 Mid-Year Update: Drug and Device Industries
Firm News - July 30, 2018 | Law360 Names Eight Gibson Dunn Lawyers as Rising Stars
Client Alert - July 27, 2018 | 2018 Mid-Year FDA and Health Care Compliance and Enforcement Update – Providers
Client Alert - July 12, 2018 | 2018 Mid-Year False Claims Act Update
Publications - June 28, 2018 | Webcast: Defending Medical Necessity Enforcement Actions
Client Alert - June 20, 2018 | Acting Associate AG Panuccio Highlights DOJ’s False Claims Act Enforcement Reform Efforts
Client Alert - February 6, 2018 | DOJ Policy Statements Signal Changes in False Claims Act Enforcement
Client Alert - January 24, 2018 | 2017 Year-End FDA and Health Care Compliance and Enforcement Update – Drugs and Devices
Client Alert - January 5, 2018 | 2017 Year-End False Claims Act Update
Client Alert - September 4, 2017 | 2017 Mid-Year FDA and Health Care Compliance and Enforcement Update – Providers
Publications - August 30, 2017 | Webcast: 2017 Mid-Year Update: The False Claims Act and Health Care Providers
Client Alert - August 25, 2017 | 2017 Mid-Year FDA and Health Care Compliance and Enforcement Update – Drugs and Devices
Publications - August 2, 2017 | Webcast: 2017 Mid-Year Update: The False Claims Act and Drug and Device Manufacturers
Client Alert - July 12, 2017 | 2017 Mid-Year False Claims Act Update
Client Alert - February 15, 2017 | 2016 Year-End Health Care Compliance and Enforcement Update – Providers
Client Alert - January 12, 2017 | 2016 Year-End FDA and Health Care Compliance and Enforcement Update – Drugs and Devices
Client Alert - January 5, 2017 | 2016 Year-End False Claims Act Update
Article - January 1, 2017 | Using and Defending Against Statistical Sampling in False Claims Act Cases
Article - October 27, 2016 | FCA Liability after Escobar: Challenges and Opportunities for Device Companies
Article - October 3, 2016 | Compliance Perspectives on the Developing Contours of the PSQIA
Publications - September 22, 2016 | Webcast: Hot Topics in Fraud and Abuse Enforcement Involving Health Care Providers
Client Alert - August 2, 2016 | 2016 Mid-Year Health Care Compliance and Enforcement Update – Providers
Client Alert - July 27, 2016 | 2016 Mid-Year FDA and Health Care Compliance and Enforcement Update – Drugs and Devices
Client Alert - July 7, 2016 | 2016 Mid-Year False Claims Act Update
Client Alert - February 18, 2016 | 2015 Year-End Health Care Compliance and Enforcement Update – Providers
Client Alert - January 19, 2016 | 2015 Year-End FDA and Health Care Compliance and Enforcement Update – Drugs and Devices
Client Alert - January 6, 2016 | 2015 Year-End False Claims Act Update
Article - December 1, 2015 | Compliance Implications of the Rise of False Claims Act Cases Based on the 60-Day Rule
Client Alert - August 13, 2015 | Another Successful Challenge to Restrictions on Off-Label Promotion
Client Alert - July 16, 2015 | 2015 Mid-Year FDA and Health Care Compliance and Enforcement Update – Drugs and Devices
Client Alert - July 8, 2015 | 2015 Mid-Year False Claims Act Update
Article - March 2, 2015 | 2014 Year-End FDA Compliance and Enforcement Update – Food and Dietary Supplements
Client Alert - January 14, 2015 | 2014 Year-End Health Care Compliance and Enforcement Update – Providers
Client Alert - January 14, 2015 | 2014 Year-End FDA and Health Care Compliance and Enforcement Update – Drugs and Devices
Client Alert - January 7, 2015 | 2014 Year-End False Claims Act Update
Client Alert - July 9, 2014 | 2014 Mid-Year False Claims Act Update
Client Alert - January 8, 2014 | 2013 Year-End False Claims Act Update
Client Alert - July 10, 2013 | 2013 Mid-Year False Claims Act Update
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