Murad Hussain is an experienced trial lawyer who represents clients in all stages of criminal prosecutions, government-facing litigation, and related investigations. His practice focuses on defending and counseling life sciences innovators, healthcare providers, government contractors, and others in matters involving the False Claims Act (FCA), criminal fraud laws, the Anti-Kickback Statute (AKS), and the Foreign Agents Registration Act (FARA). He also advises clients on administrative and litigation challenges to Medicare regulatory actions and other agency decision-making. He has been recognized by the Legal 500 as a “Next Generation Partner” for healthcare and life sciences matters, by DC’s Best Lawyers for FCA qui tam defense, and by DC’s Super Lawyers as a “Rising Star.” He serves on the firm’s Pro Bono Committee, as the partner editor for the firm’s Enforcement Edge blog, and as an Adjunct Professor of trial practice at the Georgetown University Law Center.

Mr. Hussain is an accomplished advocate for both plaintiffs and defendants facing the US Department of Justice. Most recently, he led the team that brought former FBI Deputy Director Andrew McCabe’s wrongful termination suit, defeated the government’s summary judgment motion, and negotiated the settlement restoring Mr. McCabe’s retirement status and benefits, with Attorney General Garland later telling Congress that DOJ settled “because of a likelihood of loss on the merits.” Mr. Hussain also defended Dr. Salomon Melgen at trial against claims of bribing US Senator Robert Menendez, and successfully argued for acquitting both men of all charges involving First Amendment-protected political contributions—a ruling that, in The New York Times’ words, “blew a hole” in the prosecution’s case and led to the dismissal of all remaining charges.

Mr. Hussain served as a law clerk to the Honorable Ellen Segal Huvelle of the United States District Court for the District of Columbia. He earned his law degree from Yale Law School, where he received the Potter Stewart Prize for best moot court team and the President’s Public Service Fellowship. Before law school, he worked as a creative executive at a Hollywood studio-based production company.

Experience

  • Pharmaceutical innovators, in winning dismissal of two related False Claims Act qui tam suits concerning promotional activities. US ex rel. JKJ Partnership 2011, LLP v. Sanofi Aventis, U.S., LLC, et al., No. 3:11-CV-6476, 2021 WL 5002715 (D.N.J. Oct. 28, 2021); US ex rel. Dickson v. Bristol-Myers Squibb Co., et al., 332 F. Supp. 3d 927 (D.N.J. 2017).
  • National home health care provider, in negotiating a no-fault overpayment settlement with DOJ and securing the dismissal of five False Claims Act qui tam suits concerning laboratory and diagnostic testing.
  • Pharmaceutical innovator, in defending against a corporate relator’s False Claims Act qui tam suit concerning nurse educator and reimbursement services. US ex rel. CIMZNHCA, LLC v. UCB, Inc., 970 F.3d 835 (7th Cir. 2020) (ordering dismissal over relator’s objections).
  • Naval contractors, in defending against the federal government’s False Claims Act suit, arguing for the FCA’s non-extraterritoriality, and securing a no-fault dismissal.
  • Multiple cardiology and vascular surgery practices, in defending against False Claims Act investigations by various U.S. Attorney’s Offices and negotiating no-fault settlements.
  • Federal procurement contractor, in winning dismissal of a False Claims Act qui tam suit alleging violations of the Trade Agreements Act. US ex rel. Berkowitz v. Automation Aids, Inc., No. 13-CV-8185, 2017 WL 1036575 (N.D. Ill. Mar. 16, 2017), aff’d, 896 F.3d 834 (7th Cir. 2018).
  • Radiation oncology practice, in winning dismissal of a False Claims Act qui tam suit alleging violations of Medicare requirements for supervision of medical procedures. US ex rel. Parker v. Space Coast Medical Associates, L.L.P., 94 F. Supp. 3d 1250 (M.D. Fla. 2015).
  • National hospital management company, in federal investigations, proceedings before the Judicial Panel on Multi-District Litigation, and multiple nationwide False Claims Act qui tam suits alleging medically unnecessary procedures and violations of the Stark Law and Anti-Kickback Statute.

Perspectives

From Government Ally to Government Target: Repeat Qui Tam Relator Now Faces DOJ’s Own FCA Lawsuit
Qui Notes: Unlocking the False Claims Act
DOJ Ends Trump-Era China Initiative
Enforcement Edge: Shining Light on Government Enforcement
The More the Merrier? The First Circuit Establishes Its Own Approach to Government Motions to Dismiss
Qui Notes: Unlocking the False Claims Act
Uncertain Future for China Initiative After It Closes Two Cases
Enforcement Edge: Shining Light on Government Enforcement
DOJ Charges Dual Citizen as Foreign Agent of Egypt
Enforcement Edge: Shining Light on Government Enforcement
More

Recognition

The Legal 500 US
"Next Generation Partner" Healthcare: Life Sciences (2020-2022)
Healthcare: Life Sciences (2021-2022)
Healthcare: Service Providers (2021)
Best Lawyers
Qui Tam Law (2021–2022)
Washington, DC Super Lawyers
"Rising Star"Criminal Defense: White Collar; Government Contracts; Health Care; Civil Litigation: Defense (20142017)

Credentials

Education
  • JD, Yale Law School
  • AB, Harvard College, magna cum laude
Admissions
  • District of Columbia
  • California
  • Virginia
  • US Court of Appeals for the District of Columbia Circuit
  • US Court of Appeals for the Fourth Circuit
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Eleventh Circuit
  • US District Court, District of Columbia
  • US District Court, Central District of California
  • Numerous Federal Courts
Clerkships
  • US District Court, District of Columbia, The Honorable Ellen Segal Huvelle
Overview

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