Lauren M. Papenhausen

Criminal Cases and Trials:

• Successfully overturned mail and wire fraud, bribery and conspiracy convictions following jury trial of parent in "Varsity Blues" college admissions case (D. Mass.). Landmark First Circuit case found overbroad scope of honest services wire fraud, government overreach in conspiracy charging decisions and significant trial errors. On remand for remaining tax count, achieved no-time sentence in highly contested sentencing.
• Represented Japanese biotech company and US distributor in patent case adverse to Genzyme Corporation; obtained jury verdict of non-infringement and invalidity of patent, allowing clients to enter US$1 billion industry (D. Mass.).*
• Obtained dismissal of criminal tax fraud case after proving perjury of government cooperating witness at pre-trial evidentiary hearing (D. Mass.).*
• Won jury verdict and bench trial in Massachusetts case involving unfair and deceptive trade practices, fraudulent inducement and breach of contract.

Dismissals and Declinations:

• Represented leading healthcare diagnostics company in criminal investigation relating to issues of medical billing and medical necessity; DOJ declined to prosecute.
• Represented nationwide laboratory testing company/ manufacturer in qui tam case involving issues of medical necessity, physician relationships and pricing issues. DOJ declined to intervene; relator dismissed complaint (D.N.J.).
• Represented Nestlé USA, Inc. in putative class action alleging violation of M.G.L. ch. 93A for asserted unfair and deceptive trade practices based upon failure of chocolate labels to indicate potential labor abuses in supply chain (D. Mass.). Won dismissal of complaint; First Circuit affirmed.
• Obtained dismissal of ERISA class action relating to adjustment of healthcare bills by managed care company (D.N.J.).*
• Won dismissal of class representatives due to arbitration clauses in Louisiana class action alleging violation of workers' compensation and healthcare provider notice statutes.*
• Achieved dismissal of multiple whistleblower actions against healthcare providers.*

Class Actions and Antitrust

• Represented Warner Chilcott and Watson in pharmaceutical antitrust class action, In re Loestrin 24 Fe Antitrust Litigation (D.R.I.). Claims included challenges to patent settlement agreements and claims of fraud on the Patent Office and so-called "product hopping." Cut nearly US$2 billion in exposure by obtaining: dismissal of one of two challenged settlement agreements, denial of certification of consumer class and dismissal of various state law claims. Resolved case on eve of trial.
• Represented Pfizer in pharmaceutical antitrust litigation challenging Johnson & Johnson’s efforts to block biosimilar competition to its drug Remicade (E.D. Pa.).
• Represented managed care company in three nationwide class actions relating to PPO and bill review discounts, obtaining settlement and dismissal of all with no monetary payment; Third Circuit summarily affirmed settlement approval.*
• Defeated certification of nationwide class on behalf of PPO client, leading to nuisance-value settlement (S.D. Ill.).*
• Represented plaintiff on antitrust counterclaims in pharmaceutical patent case adverse to F. Hoffman LaRoche Ltd. (D. Mass.). Antitrust issues severed and dismissed.*

Investigations and Compliance

• Represented Asia-based financial services company in comprehensive risk assessment, internal investigation and revamping of policies and procedures relating to anti-bribery and corruption compliance in nine countries.
• Represented pharmaceutical manufacturer in qui tam suit and concurrent federal and state investigations into alleged off-label promotion and violations of Anti-Kickback Statute and price reporting regulations.*
• Represented numerous pharmaceutical, medical device and healthcare companies in investigations and other matters involving potential issues of Medicare fraud, FCPA/anti-bribery, breach of contract, violation of Physician Payments Sunshine Act and unfair business practices.

Other Litigation

• Successfully represented medical device company in multiple inter-related disputes involving theft of trade secrets, accounting fraud, Computer Fraud and Abuse Act, breach of fiduciary duties and breach of contract. Matter involved investigation in Asia and litigation and potential litigation in Massachusetts and Delaware.
• Represented large healthcare provider in dispute related to contractual arrangements for radiation oncology services (D. Mass.). Alleged and pursued counterclaims concerning fraud by plaintiffs.*
• Represent television station license holder in copyright infringement and breach of contract litigation involving retransmission consent rights (D. Mass.).
• Active pro bono practice focuses on rights of individuals caught up in the justice system, including wrongful convictions, prisoners' rights and sealing of criminal convictions.

*Matters prior to joining White & Case.