Scott D. Stein

Selected False Claims Act litigation and investigations include representing:

• 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 of wholesaler fees and government price reporting.
• A pharmaceutical manufacturer in a government investigation concerning patient assistance programs.
• Quest Diagnostics in multiple FCA matters relating to Medicaid “usual and customary charge” requirements.  
• Genentech in defense of allegations of off-label promotion and kickbacks (U.S. ex rel. Underwood v. Genentech, E.D. Pa.). 
• Bayer in a lawsuit challenging reporting of Medicaid and 340B Public Health Service Program pricing (County of Santa Clara v. Astra USA Inc., et al., 131 S. Ct. 1342, 2011).

Selected antitrust and other complex commercial litigation matters include representing:

• 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).
• Quest Diagnostics in several lawsuits challenging billing practices for clinical laboratory services.
• 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.). 
• Home Depot on claims for trade secret misappropriation and breach of contract (Edgenet, Inc. v. Home Depot, Waukesha City, WI).

Scott regularly takes on pro bono representations, including, as part of the firm’s Capital Litigation Project, an inmate on death row in Alabama seeking post-conviction relief.

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

• American Health Lawyers Association
• American Bar Association
• Fellow, American Bar Foundation
• Museum of Science & Industry, President’s Council