Murad Hussain | People | Arnold & Porter

Murad Hussain is an experienced trial attorney who represents life sciences innovators, healthcare providers, cross-border organizations, and others in all stages of criminal prosecutions, False Claims Act (FCA) litigation, government investigations, and internal compliance reviews. Murad defends and counsels companies, executives, and physicians in healthcare fraud and Anti-Kickback Statute (AKS) matters concerning marketing and pricing practices, telehealth transactions, genetic and diagnostic testing, private equity investment, regulatory compliance, and medical necessity disputes. Murad also advises multinational organizations, public figures, and others on compliance with the Foreign Agents Registration Act (FARA) and related U.S. Department of Justice (DOJ) inquiries. Across his practice, Murad has successfully defended clients in federal criminal jury trials, won dismissals of FCA qui tam lawsuits, and secured declinations and no-fault settlements for individuals and entities under investigation by Main Justice, U.S. Attorney’s Offices, the U.S. Department of Health Office of Inspector General (HHS-OIG), and state Attorneys General.

Murad has been recognized by The Legal 500 as a “Next Generation Partner” for healthcare and life sciences matters, by D.C.’s Best Lawyers for white collar criminal defense and FCA qui tam defense, and a “Distinguished Friend” of the Outpatient Endovascular and Interventional Society (OEIS). 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.

Murad served as a law clerk to the Honorable Ellen Segal Huvelle of the U.S. 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.

Focus Areas

Experience

Pharmaceutical innovators, in winning dismissals of two False Claims Act qui tam suits concerning Plavix promotional activities, and in litigating related federal and state appeals. U.S. 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), on remand from 974 F.3d 228 (3d Cir.), after certified question answered by 226 A.3d 1117 (Del. 2020), upon certification from 2019 WL 10271190 (3d Cir. 2019), on appeal from 315 F. Supp. 3d 817 (DNJ 2018); U.S. ex rel. Dickson v. Bristol-Myers Squibb Co., et al., 332 F. Supp. 3d 927 (D.N.J. 2017).
Biopharmaceutical company, in defending against a corporate relator’s False Claims Act qui tam suit concerning nurse educator and reimbursement services. U.S. ex rel. CIMZNHCA LLC v. UCB Inc., 970 F.3d 835 (7th Cir. 2020) (ordering dismissal over relator’s objections).
Global healthcare company, in a DOJ investigation of Anti-Kickback Statute and price reporting compliance by pharmacy benefit managers (PBMs).
Biopharmaceutical company, in conducting an internal review of Lacey Act compliance concerning research animal transactions.
Various life sciences companies, in bringing administrative challenges to Medicare civil monetary penalty determinations and negotiating nuisance-value no-fault settlements.

Multiple pharmaceutical companies, in responding to third-party subpoenas in civil FCA qui tam litigation.
Various medical device companies, in advising on Administrative Procedure Act litigation challenges to Medicare rulemaking.
Pharmaceutical company, in advising on state anti-kickback laws related to consumer marketing.
Life sciences company, in advising on internal compliance review of physician utilization data.

Cardiology, vascular surgery, dermatology, ophthalmology, and oncology practices, in defending against civil False Claims Act and criminal healthcare fraud investigations by Main Justice, HHS-OIG, and U.S. Attorney’s Offices across the country.
Mohs surgeon, in winning a complete acquittal after a 5-week federal criminal jury trial in the Eastern District of Virginia, on charges of healthcare fraud and aggravated identity theft.
Multiple interventional cardiologists and practices, in successfully arguing for the dismissal of multiple False Claims Act qui tam complaints in the Western District of Pennsylvania, concerning alleged violations of state facility licensing provisions.
National hospital management company, in federal investigations, proceedings before the Judicial Panel on Multi-District Litigation, and multiple nationwide False Claims Act qui tam lawsuits alleging medically unnecessary procedures and violations of the Stark Law and Anti-Kickback Statute.
Private equity investor, in counseling on the potential acquisition of a healthcare entity under DOJ investigation.

Various healthcare providers and vendors, in investigations and prosecutions by the U.S. Attorney’s Office for the District of New Jersey concerning genetic testing laboratories and alleged kickbacks.
Surgeon, in defending against a U.S. Attorney’s Office criminal healthcare fraud and Controlled Substances Act investigation and securing the declination of all healthcare-related charges.
Interventional radiology practice, in securing DOJ’s decision to decline intervention in a civil FCA qui tam complaint.
Executive at a private equity-backed national healthcare services provider, in negotiating a nuisance-value no-fault settlement with DOJ and securing the dismissal of multiple False Claims Act qui tam suits.
National home health care and hospice provider, in negotiating a no-fault overpayment settlement with DOJ and securing the dismissal of multiple False Claims Act qui tam suits concerning laboratory and diagnostic testing in the U.S. District Courts for the Eastern Districts of Michigan, Western District of Michigan, and the Southern District of Ohio.
Executive at a private-equity backed healthcare services organization, in a successfully resolved DOJ healthcare fraud investigation of the company’s compliance with Medicaid credentialing and supervisory requirements.
Radiation oncology provider, in winning a motion to dismiss a False Claims Act qui tam suit in the Middle District of Florida, concerning alleged violations of Medicare supervision requirements.
Multi-state ophthalmology practice, in bringing a successful administrative challenge to reverse the deactivation of its Medicare enrollment.
Surgeon, in a 7-week federal criminal jury trial in the Southern District of Florida on charges of Medicare fraud; the surgeon’s sentence was commuted post-appeal.
Specialty pharmacist, in administratively challenging exclusion from federal healthcare programs following a state misdemeanor conviction.
Various D.C., Maryland, and Virginia physicians and practices, in counseling on employment separation negotiations and litigation.

Various international businesses, non-profits, law firms, consulting firms, and think tanks, in advising on Foreign Agents Registration Act (FARA) and Lobbying Disclosure Act (LDA) compliance, and in responding to DOJ inquiries.
Public official, in successfully defending against a DOJ criminal FARA investigation; no criminal charges or civil claims were ever brought.
Campaign contributor, in securing a mistrial after a 10-week criminal jury trial on bribery and related charges (where the jury deadlocked 10-2 for acquittal), and in successfully arguing for Rule 29 acquittal on all counts based on political contributions, leading to the dismissal of all remaining charges. U.S. v. Menendez, et al., 291 F. Supp. 3d 606, 623-35 (D.N.J. 2018).
International venture capital firm, in providing sanctions counseling regarding prospective transactions.
Multinational corporation, in counseling regarding FARA registration obligations for a publicity campaign.

Sovereign wealth fund, in advising on government inquiries about foreign investment in the United States.
Foreign state-owned bank, in counseling on the scope of FARA registration disclosures.
Donor-advised fund, in identifying best practices to promote FARA compliance.
Media technology vendor, in advising on FARA compliance concerning the provision of technical services to a foreign production company.
Lobbyist, in counseling on the scope of FARA obligations for state legislative and agency outreach on behalf of a foreign client.

Indigent criminal defendants, at trial and other proceedings in U.S. Attorney’s Office prosecutions for murder and other violent crime in D.C. Superior Court.
Former FBI Deputy Director, in bringing his wrongful termination suit against DOJ and FBI under the First and Fifth Amendments, defeating the government’s dispositive motion, see McCabe v. Barr, et al., 490 F. Supp. 3d 198 (D.D.C. 2020), compelling discovery, and securing a settlement fully restoring the client’s retirement status and benefits, with the Attorney General later telling Congress that DOJ settled “because of a likelihood of loss on the merits.”
Islamic society, in bringing federal suit against a county government under the Religious Land Use and Institutionalized Persons Act, alleging a discriminatory denial of a utilities permit; the permit was later granted pursuant to settlement. Islamic Center of Culpeper v. County of Culpeper, No. 3:17-CV-019 (W.D. Va.).
Persons born in American Samoa, in bringing their federal lawsuit and appeal seeking the U.S. Department of State’s recognition of their birthright citizenship under the Fourteenth Amendment. Tuaua v. U.S., 788 F.3d 300 (D.C. Cir. 2015).
Individual who converted to Islam, in prosecuting his Title VII workplace discrimination suit and negotiating a pretrial settlement in the U.S. District Court for the Eastern District of Virginia.

Elected prosecutor, in securing a writ of mandamus from the Supreme Court of Virginia holding that a trial court violated due process when disqualifying the entire prosecution from a criminal case over concerns about a plea agreement. In re: Buta Biberaj, Loudoun County Commonwealth’s Attorney, Record No. 220343, 2022 WL 17590136 (Va. Dec. 8, 2022).
U.S. citizen and former asylee, in a U.S. Department of State naturalization investigation.
Grand jury witness, in an appeal challenging the use of search warrants to forcibly seize non-suspects’ DNA samples. In re G.B., 139 A.3d 885 (D.C. 2016).
Advocacy organization, as a non-party witness in a suit against the Internal Revenue Service for unlawful disclosure of confidential tax information in the U.S. District Court for the Eastern District of Virginia.
Federal inmate, in bringing an Administrative Procedure Act and First Amendment suit against the Federal Bureau of Prisons in the U.S. District Court for the District of Columbia, alleging the unlawful prohibition of visits by his wife, and securing a settlement restoring his spousal visitation rights.
Advocacy organization, in bringing Freedom of Information Act litigation against DOJ in the U.S. District Court for the District of Columbia, and negotiating the release of documents sought.
Former federal employee, in prosecuting his disability discrimination suit against a federal agency and negotiating a favorable pretrial settlement in the U.S. District Court for the District of Columbia.