Scott D. Stein

Selected False Claims Act investigations and litigation include representing:

• A major medical wholesaler and manufacturer in an FCA investigation alleging failure to comply with Medicaid Drug Rebate Program requirements. After persuading the government not to intervene, the relator voluntarily dismissed the case.
• A manufacturer of medical sterilization equipment in an FCA investigation alleging failure to comply with Federal Supply Schedule pricing obligations and sale of defective products. After persuading the government not to intervene, the relator voluntarily dismissed the case.
• A manufacturer of medical supplies in multiple FCA cases alleging the sale of defective surgical gowns. All cases were dismissed on the pleadings.
• A major retail pharmacy chain in a government investigation of pharmacy rewards, automatic refills and manufacturer drug co-pay coupons.
• A pharmaceutical manufacturer in a government investigation concerning alleged kickbacks associated with patient assistance programs.
• Quest Diagnostics in multiple FCA matters relating to Medicaid “usual and customary charge” requirements.

Selected antitrust, class action, and other complex commercial litigation matters include representing:

• Several dental benefits providers in a putative antitrust class action alleging unlawful market division and price fixing.
• St. Luke’s Health System as trial counsel in defense of an affiliation between St. Luke’s and a large independent physician practice (Federal Trade Commission, et al. v. St. Luke’s Health System, D. Idaho).
• The National Association of Realtors® in obtaining summary judgment on claims that it organized a boycott of an online real estate content aggregator (American Home Realty Network v. National Association of Realtors®, D. Md.).
• A steel manufacturer in class actions alleging a conspiracy to restrain output and increase prices for steel products (Supreme Auto Transport v. ArcelorMittal, N.D. Ill.).
• The American Medical Association in obtaining summary judgment in an antitrust suit by a medical device manufacturer (Neotonus, Inc. v. American Medical Association, N.D. Ga., 11th Cir.).
• Quest Diagnostics in a putative nationwide class action lawsuit challenging billing for clinical laboratory services.
• A national retail pharmacy chain in a putative class action alleging violation of state privacy statutes. The Court denied plaintiffs’ motion for preliminary injunction following an evidentiary hearing and subsequently granted a motion to dismiss.
• Elaine Wynn in litigation against Steve Wynn and Wynn Resorts alleging breach of a shareholder agreement, breach of fiduciary duty and other tort claims (Elaine Wynn v. Wynn Resorts, Clark County, Nevada).
• Home Depot on claims for trade secret misappropriation and breach of contract (Edgenet, Inc. v. Home Depot, Waukesha City, WI).

Scott is active in the firm’s training of litigation associates and serves on the firm’s Committee for Evaluation and Compensation of Associates, as well as the firm’s Knowledge Management committee. His other memberships include the following:

• American Health Lawyers Association
• American Bar Association
• Fellow, American Bar Foundation