Murad Hussain

Murad Hussain is a trial attorney and litigator who represents clients in government enforcement matters and complex civil litigation. Recognized by Super Lawyers magazine as a Washington, DC “Rising Star,” his practice focuses on defending life sciences innovators, healthcare providers, and procurement contractors facing allegations of False Claims Act violations, deceptive marketing, and criminal fraud. In 2017 alone, Mr. Hussain spent 20 weeks in three jury trials against the US Department of Justice. Most recently, he defended Dr. Salomon Melgen against claims of bribing US Senator Robert Menendez, and successfully argued for acquitting both men on all charges involving 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 also serves on the Firm’s Pro Bono Committee and regularly represents clients pro bono in criminal proceedings and civil lawsuits alleging unconstitutional or discriminatory conduct.

Mr. Hussain has significant experience litigating novel constitutional questions, particularly involving the First Amendment, and has authored several academic commentaries on the Speech and Religion Clauses. Prior to law school, he was a creative executive at a Hollywood studio-based production company.

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

Representing individuals and companies in criminal and civil investigations by the US Department of Justice, US Department of Health and Human Services, US Department of Defense, and other federal agencies.
Pharmaceutical innovators, in winning dismissals of two False Claims Act qui tam suits concerning promotional activities, see U.S. ex rel. JKJ Partnership 2011, LLP v. Sanofi-Aventis U.S. Inc., et al., No. 3:11-CV-6476, 2018 WL 2427126 (D.N.J. May 30, 2018); U.S. ex rel. Dickson v. Bristol-Myers Squibb Co., et al., No. 3:13-CV-1039, 2017 WL 2780744 (D.N.J. June 27, 2017); and in defending against ongoing state Attorneys General actions alleging violations of state False Claims Acts and consumer protection statutes.
Naval contractors, in defending against the federal government's False Claims Act allegations, arguing for the FCA's non-extraterritoriality, and securing dismissal without admission of liability. 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, and securing a full dismissal of related civil False Claims Act allegations.

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).

Media and entertainment companies, in bringing copyright infringement litigation and related appeal concerning unauthorized Internet streaming of broadcast programming.
Defense contractor, in obtaining dismissal of data breach class action lawsuits involving theft of data tape containing health care records.
Internet technology innovator, in federal and state litigation based on allegations of regulatory violations.
Pharmaceutical innovator, in an antitrust class action based on allegations of sham patent infringement litigation.
Music publishing company, in copyright litigation over the use of sound recordings and compositions on social networking websites.

Internet search engine, in defending against a copyright suit of first impression brought by a major news organization.

Defended indigent defendants at trial and in pretrial proceedings against allegations of homicide and other violent crime in District of Columbia Superior Court.
Represented an Islamic society in bringing suit under the federal Religious Land Use and Institutionalized Persons Act, alleging a discriminatory denial of a utilities permit; the permit was later granted pursuant to pretrial settlement. Islamic Society of Culpeper v. County of Culpeper, No. 3:17-CV-019 (W.D. Va. May 16, 2017).
Represented a grand jury witness before the District of Columbia Court of Appeals, including oral argument, to challenge the prosecution's power to forcibly seize a non-suspect's DNA sample. In re Grand Jury Witness G.B., 139 A.3d 885 (D.C. 2016).
Represented an individual who converted to Islam in employment discrimination litigation under Title VII, and negotiated a confidential settlement. Cochran v. Tax Analysts, Inc., No. 1:14-CV-1608 (E.D. Va. July 23, 2015).
Represented persons born in American Samoa in federal pretrial litigation and appeal seeking recognition of their birthright citizenship under the Fourteenth Amendment. Tuaua v. United States, 788 F.3d 300 (D.C. Cir. 2015).

Represented a former Federal Aviation Administration employee in disability discrimination litigation under the Rehabilitation Act, and negotiated a favorable pretrial settlement. Woodruff v. LaHood, No. 01-CV-1964 (D.D.C. June 19, 2012).

Perspectives

February 6, 2019

A Look Under The Hood: Breaking Down DOJ's FY2018 Healthcare Recoveries

Qui Notes: Unlocking the False Claims Act

December 26, 2018

DOJ's False Claims Act Recoveries Fall to $2.8 Billion in FY2018

Advisory

January 25, 2018

New Law on the Tax-Deductibility of False Claims Act and Other Government Settlements

Advisory

December 22, 2017

DOJ Announces $3.7 Billion in FY2017 False Claims Act Recoveries

Advisory

December 4, 2017

Living in a Material World - Compliance Program Opportunities After Escobar

ABA 15th Annual Washington Health Law Summit, Washington, DC

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Recognition

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

Clerkships

US District Court, District of Columbia, The Honorable Ellen Segal Huvelle

Experience

Perspectives

Recognition

Credentials

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