Kristin Graham Koehler

A sampling of Kristin’s representative client matters includes:

Healthcare

• Represented Ista Pharmaceuticals, Inc. in criminal and civil qui tam investigations by DOJ’s Consumer Protection Branch and Civil Fraud Section and the U.S. Attorney’s Office for the Western District of New York involving off-label promotion of and kickbacks regarding an ophthalmic product.
• Represented a major pharmaceutical company in joint criminal and civil investigation by the U.S. Attorney’s Office for the Eastern District of New York and Main Justice’s Consumer Protection Branch and Civil Fraud Section regarding the alleged off-label promotion of oral contraceptive products. Government declined to proceed with enforcement action and persuaded relator to dismiss the qui tam complaint.
• Represented multinational biopharmaceutical company in connection with joint criminal and civil investigation by the U.S. Attorney’s Office for the Central District of California and DOJ’s Consumer Protection Branch and Civil Fraud Section concerning issues related to off-label promotion of oncology products.
• Represents a major pharmaceutical company in connection with a civil investigation by the U.S. Attorney’s Office for the District of New Jersey and Main Justice’s Civil Fraud Section concerning alleged improper payments to physicians regarding two eye-care products.
• Represents a major medical device manufacturer in a government investigation concerning the alleged off-label promotion of a therapy involving one of its devices.
• Represents a major pharmaceutical company in an internal investigation involving the falsification of clinical trial results that were later published in a leading scientific journal.
• Represents a major medical device manufacturer in internal investigations concerning alleged mishandling of patient safety issues and alleged compliance issues in connection with a major clinical trial program.

Antitrust

• Represents an executive of a major Japanese automotive parts supplier in a DOJ criminal antitrust investigation concerning price-fixing in the auto parts industry. Executive was successfully carved-in to the company’s resolution.
• Represented a Fortune 100 transportation company in connection with DOJ grand jury investigations of price-fixing in the air cargo and freight forwarder industry.
• Represented a major electronics company in connection with several DOJ grand jury investigations of anti-competitive conduct in the Cathode Ray Tube, Plasma Display Panels and Optical Digital Device markets.
• Represented a Japanese company in connection with a grand jury investigation of price-fixing in the submarine power cables industry.
• Represented a major medical implants manufacturer in DOJ criminal antitrust investigation regarding alleged price fixing in the medical implants industry.

Securities

• Represented a former American International Group (AIG) executive in U.S. v. Ferguson, et al., a criminal securities fraud case in the District of Connecticut. The executive was convicted in 2009 and sentenced to four years in prison for his role in an allegedly fraudulent reinsurance transaction by AIG. Sidley was hired to represent the executive after the U.S. Court of Appeals for the Second Circuit vacated his conviction and remanded the case. After filing numerous motions, including a challenge to the government’s prior discovery production, the case was resolved by a deferred prosecution agreement.
• Represented a big-four accounting firm in DOJ and SEC stock option investigations regarding the accounting firm’s audit clients.
• Conducted internal reviews of two major retailers’ stock option grant practices in light of SEC investigations.
• Represented a major insurance company in DOJ and SEC investigation involving finite reinsurance.

FCPA

• Represented a major transportation company in joint DOJ and SEC FCPA investigation regarding alleged violations in Nigeria. Persuaded DOJ and SEC to close their investigation without enforcement action.
• Represented a transportation company in an SEC investigation regarding the company’s relationship with a vendor based in the UAE. The investigation related to payments made via the vendor to the government of Iran for overflight of Iranian airspace, which are authorized under the economic sanctions regime, but raised novel and interesting potential FCPA and sanctions issues. Persuaded the SEC to close the investigation without any enforcement action.  
• Represent an individual in a joint DOJ and SEC FCPA investigation regarding alleged violations in Russia involving the ATM hardware and software industry.
• Representation of major pharmaceutical companies in DOJ and SEC FCPA investigations alleging violations in Russia, China, Japan, Thailand, Brazil, and the Czech and Slovak Republics.
• Represented an oil services company executive in DOJ investigation regarding alleged violation of the Foreign Corrupt Practices Act in South America.

Environmental

• Represents a manufacturing company in criminal environmental investigation by the U.S. Attorney’s Office for the Eastern District of California regarding hazardous waste discharges.
• Represented a major protein producer in connection with grand jury investigation of alleged willful OSHA violations resulting in a fatality at one of the company’s facilities.

Qui Tam

• Represents a manufacturing company in a civil qui tam investigation involving alleged non-conforming parts supplied for NASA and Department of Defense programs.
• Represented large pharmaceutical company in qui tam lawsuit in which the Court dismissed the relator’s second amended complaint with prejudice for failure to plead fraud with particularity.
• Represented large pharmaceutical company in qui tam lawsuit in which the Court dismissed the relator’s complaint under the False Claims Act with prejudice, agreeing with Sidley that the complaint was based upon publicly disclosed information and relator – a corporation formed for the sole purpose of filing this lawsuit – was not an original source of the information.
• United States ex rel. Roberts v. KPMG LLP – Represented KPMG in a qui tam action alleging that several government contractors presented claims for payment for travel expenses, which did not reflect volume-based vendor commissions, rebates, and incentive payments.
• Schilling v. KPMG – Represented KPMG in connection with qui tam litigation involving preparation of cost reports for Columbia HCA hospitals.

State AG Investigations

• Represents a major national food distribution corporation in investigations by the Attorney General Offices of New York, Florida and California involving alleged claims that the company failed to pass back discounts and rebates to the states in connection with contracts with state entities.
• Represents a major pharmaceutical manufacturer in state attorneys’ general multi-state investigations regarding fraudulent marketing practices involving prescription drugs, over-the-counter drugs and dietary supplements.
• Represented a major pharmaceutical manufacturer in a state attorneys’ general multi-state investigation regarding fraudulent marketing practices, including off-label promotion, involving a prescription drug.
• Advised a major pharmaceutical manufacturer in connection with its settlement agreement with 33 states and the District of Columbia involving fraudulent marketing practices in violation of the states’ consumer protection laws.
• Advised a major beverage distributor in a multi-state attorneys’ general investigation involving violations of the states’ consumer protection laws.

Congressional Investigations

• Represent a major defense contractor in connection with GAO Audit and likely Congressional Investigation concerning the Navy’s Littoral Combat Ship (LCS) Program.
• Represented a major defense contractor in a Senate Armed Services Committee investigation and hearing led by Senator Levin into the use of private subcontractors in Iraq and Afghanistan.

Corporate Integrity Agreements

• Negotiated potential mandatory and permissive exclusion issues with the Office of the Inspector General of the Department of Health and Human Services (HHS OIG) on behalf of several clients.
• Successful on a number of occasions in convincing OIG that a corporate integrity agreement was not warranted under particular circumstances.
• Negotiated numerous corporate integrity agreement involving the pharmaceutical industry, including many of the industry’s major agreements.
• Represented several companies that were entering into addenda to existing corporate integrity agreements or entering into their second or third corporate integrity agreement.
• Assists companies with preparation for and implementation of corporate integrity agreement requirements, including reportable events analysis.
• Conducts internal investigations regarding potential CIA violations.
• Conduct reviews of companies compliance programs according to HHS OIG guidance and U.S. Sentencing Guidelines.

Trial

• U.S. v. Ferguson, et al. – Represented Christian Milton in U.S. v. Ferguson, et al., a criminal securities fraud case in the District of Connecticut regarding an allegedly fraudulent reinsurance transaction by American International Group (AIG), in which a favorable deferred prosecution agreement was secured.
• United States v. Tyson Foods, Inc. – Member of trial team representing company in jury trial on 36-count indictment charging conspiracy to violate federal immigration laws and seeking criminal forfeiture of over US$100 million, which resulted in a jury acquittal on all counts.
• Pickett v. IBP – Member of trial team representing the nation’s largest beef packing company in a jury trial of class action claims seeking over US$2 billion in damages on the theory that supply contracts had anticompetitive effect on beef cattle prices. Trial court’s order of judgment as a matter of law affirmed by Eleventh Circuit.
• Garamendi v. Altus Finance – Member of trial team representing Aurora National Life Assurance Company in defense of California Insurance Commissioner’s claims of fraud in connection with the acquisition of the assets of the former Executive Life Insurance Company.
• Alabama, et al. v. North Carolina, No. 132 – Lead lawyer in rare original action in the U.S. Supreme Court in which we represented Alabama, Florida, Tennessee and Virginia against North Carolina for its failure to site a low-level radioactive waste facility pursuant to an interstate compact.
• Ventura v. Gannett, Inc. – Represented Gannett, Inc. in fraud and breach of contract action arising out of Cincinnati Enquirer dispute with Chiquita Brands International in which summary judgment was granted in favor of Gannett.
• Washington Sports Ventures v. Jack Kent Cooke, Inc. – Represented estate of former Washington Redskins owner in defense of fraud, breach of fiduciary duty, and contract claims brought by failed bidder for team in which summary judgment was granted for estate.

Kristin holds several leadership positions within Sidley. She is a member of the firm’s Executive Committee and the firmwide co-chair of the Associate Assignment and Compensation Committee. She is also a member of the Marketing and Practice Development Committee and the Committee on Retention and Promotion of Women. 

An active member of the American Bar Association (ABA), Kristin is a former chair of the Young Lawyers Subcommittee of the ABA’s Criminal Justice Section, White Collar Crime Committee. She also has held several leadership positions in the ABA’s Section of Litigation, serving as the National Chair of the Section’s Annual Conference (2008), and a former chair of its Criminal Litigation Committee. Kristin also served as secretary, ethics committee chair and a board member of National Industries for the Blind from 2007–2015. She is active in her undergraduate college and law school and has volunteered at Miriam’s Kitchen.