Sara L. Shudofsky

Sara Shudofsky is a trial and appellate lawyer with broad experience handling government investigations and commercial litigation. Her practice focuses on financial, healthcare, and contract fraud investigations, including under the False Claims Act, the Anti-Kickback Statute, and FIRREA; environmental litigation, including under CERCLA and the Clean Water Act; challenges to the design & construction of buildings under the Americans with Disabilities Act and the Fair Housing Act; and general defensive litigation, including in connection with regulatory and constitutional challenges.

Prior to joining the firm, Ms. Shudofsky was the Chief of the Civil Division of the United States Attorney's Office for the Southern District of New York, where she supervised more than 55 Assistant United States Attorneys and oversaw litigation in a wide variety of practice areas, including financial, healthcare, and contract fraud; civil rights; environmental protection; tax & bankruptcy; national security; torts; employment; FOIA; and general defensive litigation. During her earlier, sixteen-year tenure in the Civil Division, Ms. Shudofsky served as Chief of the Civil Rights Unit, Deputy Chief of the Civil Division, and Chief Appellate Attorney. Between her two tours at the US Attorney's Office, she spent five years in private practice, where she represented companies and individuals in connection with government investigations and complex civil litigation.

Experience

Large industry trade group and multiple constituent companies in connection with a Fair Housing Act investigation by the United States Attorney's Office for the Southern District of New York.
Large insurance company in connection with an environmental suit brought against it under CERCLA.
Individual sued for trademark infringement pertaining to the development of financial software.
Various individuals and companies in connection with appeals in federal and state court, subpoenas for testimony and documents, and consultation as to potential initiation of litigation and pre-suit resolution of claims.

Financial fraud: US$1.2B settlement of mortgage fraud suit under the False Claims Act and FIRREA against major financial institution and individual defendant; US$614M settlement of suit under the False Claims Act against major financial institution alleging lending misconduct in connection with federally-insured mortgage loans.
Healthcare fraud: Settlement of suit against major pharmaceutical company and specialty pharmacies alleging violations of the Anti-Kickback Statute and False Claims Act; ongoing suit against major pharmaceutical company alleging violations of the Anti-Kickback Statute and False Claims Act relating to remuneration to doctors in conjunction with speaker programs.
Government contract fraud: Settlement of False Claims Act suit alleging sale of defective holographic weapon sights to the military and law enforcement; settlement of multiple fraud suits under the Small Business Act alleging false certifications that companies were woman-owned or minority-owned businesses.
Environmental: Settlement of Safe Drinking Water Act suit against county in New York State for failure to treat drinking water for a gastrointestinal parasite; settlement of Clean Water Act suit against town in New York State for illegal discharge of fill material into wetlands during construction of minor league baseball stadium.
Civil Rights: Suit brought under the Civil Rights of Institutionalized Persons Act to redress unconstitutional use of force against young inmates on Rikers Island, culminating in landmark settlement establishing practices, systems, and policies designed to dismantle culture of violence at the jails.

Argued before the Second Circuit sitting en banc in defense of the constitutionality of the consent decree termination provisions of the Prison Litigation Reform Act.
Obtained reinstatement by the Second Circuit of jury verdict in civil rights suit after dismissal of the suit by the district court following two-month trial.
Litigated CERCLA action pertaining to groundwater contamination by owners and operators of a dry cleaner, including trial on owner defendants' affirmative defenses before ultimate settlement of suit prior to the causation phase of trial.
Co-handled first jury trial in the country of a case brought by the United States under the Freedom of Access to Clinic Entrances Act, culminating in verdicts against all ten defendants.
Oversaw litigation against the New York Yankees in the first case ever brought by the United States against a professional sports franchise under the Americans with Disabilities Act.

Perspectives

May 22, 2018

Beware of the Revised Anti-Kickback Statute and Reimbursement Patient Support Cases

Speaker, ACI's Life Sciences & Healthcare Qui Tam & False Claims Summit, New York, NY

June 2017

Deskbook on Internal Investigations, Corporate Compliance and White Collar Issues (2nd Edition)

PLI Practising Law Institute

November 29, 2016

UHS v US ex rel. Escobar (pdf)

Navigant, Issue 20

September 29, 2016

The Current Enforcement Environment Facing the Financial Services Industry: FCA and FIRREA Liability

Arnold & Porter Regulatory Roundtable, New York, NY

August 26, 2016

Recent Developments Affecting the Financial Services Industry's Exposure to Liability Under the FCA and FIRREA

Arnold & Porter Advisory

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Recognition

The Legal 500 US

Corporate Investigations and White-Collar Criminal Defense (2017)
General Commercial Disputes (2017)

Director's Award for Superior Performance as an Assistant United States Attorney

(1996, 2000)

Henry L. Stimson Medal from the Association of the Bar of the City of New York

(2000)

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Credentials

Education

JD, New York University School of Law, 1986
BA, European History, University of Pennsylvania, 1983, summa cum laude, with distinction in the major

Admissions

New York
US Court of Appeals for the Second Circuit
US District Court, Southern District of New York
US District Court, Eastern District of New York

Government and Military Service

Assistant US Attorney, Civil Division, Southern District of New York
Chief, Civil Rights Unit, SDNY US Attorney’s Office
Deputy Chief, Civil Division, SDNY US Attorney’s Office
Chief Appellate Attorney, Civil Division, SDNY US Attorney’s Office
Chief, Civil Division, SDNY US Attorney’s Office

Activities

Member, Civil Chiefs' Working Group (2014 - 2016) – Coordinated on a range of issues with Main Justice, federal agencies, and other US Attorneys' Offices
Member, Federal Courts Committee, Association of the Bar of the City of New York (2007 - 2009)

Experience

Perspectives

Recognition

Credentials

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