Overview
Laura McLane heads McDermott’s Boston Litigation Practice Group, co-leads the white-collar and government investigations practice, and is a nationally renowned False Claims Act (FCA) litigator. For 25 years, Laura has defended companies touching all aspects of the healthcare and life sciences industries in government investigations, qui tam litigation under the FCA, and related matters. Clients call Laura “an exquisite lawyer, very smart and incisive,” and a “fierce advocate for her clients” (Chambers USA).
Laura’s experience spans the spectrum of government oversight in healthcare and life sciences. Her clients include healthcare providers of all types as well as laboratories, pharmaceutical and device manufacturers, private equity investors, and an array of other entities that reach the healthcare space. Laura represents clients in FCA matters throughout the country, as well as in federal courts of appeals and the Supreme Court of the United States. She has extensively litigated the myriad issues that typically arise in FCA cases, including representing her client in the landmark Escobar case in the Supreme Court. Clients state that Laura is “fantastic, . . . efficient and able to pull in knowledgeable resources right to the issue” (Legal 500 US). Her recent experience includes guiding multiple clients through government investigations and related matters arising from the novel issues presented by the Covid-19 pandemic, including issues relating to testing, vaccination and treatment. In addition to her healthcare experience, Laura defends clients facing FCA and other forms of government scrutiny in other industries, such as defense contracting and technology.
Beyond defending clients in investigations and litigation, Laura’s practice includes working closely with clients on FCA risk management and compliance assessments, and counseling buyers and sellers in transactions involving enforcement issues.
Results
- Represented the defendant in the groundbreaking Escobar case during which Laura obtained a writ of certiorari from the United States Supreme Court, after which the Court unanimously reversed an adverse decision of the court of appeals in the most important FCA decision in decades
- Defends healthcare providers and other healthcare entities spanning all sectors, such as hospitals, ambulatory surgery centers, laboratories, urgent care, emergency medicine, telemedicine, dentistry, dialysis, behavioral health, as well as medical device manufacturers, pharmaceutical manufacturers, healthcare investors, Medicare Advantage brokers, and others in government investigations and qui tam litigation under the False Claims Act and related statutes, including the Anti-Kickback Statute and the Stark Law
- Successfully advocated on behalf of numerous clients in persuading the government to decline to intervene or pursue claims under the FCA and related statutes
- Achieved dismissal of and/or negotiated favorable settlements of numerous FCA cases
- Won appeal before the US Court of Appeals for the Fifth Circuit, which affirmed district court’s dismissal of relators’ claims and denial of leave to amend
- Tried a multi-week case before the SEC’s Chief Administrative Law Judge (ALJ) and won, defeating the SEC’s Division of Enforcement in connection with a litany of securities fraud charges arising from the sub-prime mortgage crisis. When the Commission later reversed the ALJ’s decision, Laura appealed to the United States Court of Appeals for the First Circuit, which vacated the Commission and exonerated her client
- Defends companies and individuals in the defense contracting industry in connection with FCA actions and investigations
- Represented an executive of a major locomotive manufacturer in connection with an SEC investigation arising from revenue recognition issues; after making a Wells submission, the SEC declined to pursue charges
Recognitions
- Chambers USA, Litigation: White-Collar Crime & Government Investigations, 2021-2024
- Legal 500 US, 2020-2024
- Best Lawyers in America, Healthcare Law, 2019-2025
- Best Lawyers in America, Litigation – Healthcare, 2019-2024
- Who’s Who Legal: Healthcare, 2021
Credentials
Education
Boston University School of Law, JD, cum laude, 1999
Emory University, BA, 1996
Admissions
Massachusetts
Courts / Agencies
Supreme Court of the United States
US Court of Appeals for the First Circuit
US Court of Appeals for the Second Circuit
US Court of Appeals for the Fifth Circuit
US District Court for the District of Massachusetts
