Murad Hussain is a trial and investigations attorney who represents clients in government enforcement matters and complex civil litigation. His practice focuses on defending life sciences innovators, healthcare providers, procurement contractors, and other clients facing allegations of False Claims Act (FCA) violations, criminal fraud, and Foreign Agents Registration Act (FARA) non-compliance. He also serves on the firm's Pro Bono Committee and regularly represents clients pro bono in criminal proceedings, constitutional litigation, and Freedom of Information Act (FOIA) lawsuits.

Mr. Hussain has significant experience litigating First Amendment questions, and currently represents former FBI Deputy Director Andrew McCabe in his constitutional lawsuit for wrongful termination, McCabe v. Barr et al., No. 19-CV-2399 (D.D.C.). Mr. Hussain also recently 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.

Experience

  • Various companies and individuals, in criminal grand jury, civil, and administrative investigations concerning the False Claims Act, Anti-Kickback Statute, Foreign Agents Registration Act, and public integrity laws.
  • Pharmaceutical innovators, in winning dismissals of two False Claims Act qui tam suits concerning promotional activities, U.S. ex rel. JKJ Partnership 2011, LLP v. Sanofi-Aventis U.S. Inc., et al., 315 F. Supp. 3d 817  (D.N.J. 2018); U.S. ex rel. Dickson v. Bristol-Myers Squibb Co., et al., 332 F. Supp. 3d 927 (D.N.J. 2017); and in defending against related state attorney general consumer protection actions.
  • 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. U.S. ex rel. Rudolph v. Inchcape Shipping Services Holdings Ltd., et al., No. 1:10-CV-1109 (D.D.C. June 11, 2018).
  • Campaign contributor, in securing a mistrial after a 10-week jury trial on bribery and related criminal 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).
  • Dermatologic surgeon, in winning a complete acquittal after a 5-week federal criminal jury trial on charges of healthcare fraud and aggravated identity theft. U.S. v. Bajoghli, No. 1:14-CR-278 (E.D. Va. Nov. 30, 2015).
  • Federal procurement contractor, in winning dismissal of a False Claims Act qui tam suit alleging violations of the Trade Agreements Act. U.S. ex rel. Berkowitz v. Automation Aids, et al., 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. U.S. ex rel. Parker v. Space Coast Medical Associates, L.L.P, 94 F. Supp. 3d 1250 (M.D. Fla. 2015).
  • Hospital management company, in federal investigations, proceedings before the Judicial Panel on Multi-District Litigation, and individual False Claims Act qui tam suits alleging medically unnecessary procedures and violations of the Stark Law and Anti-Kickback Statute. See In re Health Management Associates, Inc. Qui Tam Litigation, MDL Nos. 2442 & 2524; U.S. ex rel. Williams v. HMA, Inc., et al., No. 3:09-CV-130 (M.D. Ga. June 22, 2015) (dismissing claims against clients); U.S. ex rel. France v. HMA, Inc., et al., No. 8:13-CV-1264 (M.D. Fla. May 27, 2015) (dismissing case); U.S. ex rel. Dennis v. HMA, Inc., et al., No. 3:09-CV-00484, 2013 WL 146048 (M.D. Tenn. Jan. 14, 2013) (dismissing case).

Perspectives

Cutting Through the FARA Fog
Enforcement Edge: Shining Light on Government Enforcement
5 Misconceptions About The Foreign Agents Registration Act
Aerospace & Defense Law360, Compliance Law360, Cybersecurity & Privacy Law360, International Trade Law360, Legal Ethics Law360, Public Policy Law360, White Collar Law360
Telehealth During COVID-19: New Rules And Considerations
Commercial Contracts Law360, Compliance Law360, Consumer Protection Law360, Cybersecurity & Privacy Law360, Health Law360, Life Sciences Law360, Personal Injury & Medical Malpractice Law360, Public Policy Law360, Technology Law360, Telecommunications Law360
Is This Any Message to Send Our Medical Heroes? Second-Guessing the Clinical Judgments of Doctors on the Front Line
Qui Notes: Unlocking the False Claims Act
Expanding Telehealth Services to Fight COVID-19
Coronavirus: Life Sciences and Healthcare Regulatory Advisory
More

Recognition

The Legal 500 US
"Next Generation Partner"–Healthcare: Life Sciences (2020)
Washington, DC Super Lawyers
"Rising Star" – Criminal Defense: White Collar; Government Contracts; Health Care; Civil Litigation: Defense (2014-2017)

Credentials

Education
  • JD, Yale Law School
  • AB, Harvard College, magna cum laude
Admissions
  • California
  • District of Columbia
  • 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, Central District of California
  • US District Court, District of Columbia
Government & Military Service
Clerkships
  • US District Court, District of Columbia, The Honorable Ellen Segal Huvelle
Overview

Email Disclaimer