Robert M. Brennan

Robert M. Brennan

Partner | Atlanta Office
bbrennan@phrd.com
T: (404) 681-5969
F: (404) 522-8409
 

Practice Group(s)

Services

Education

  • University of Georgia School of Law - (J.D., Cum Laude)
  • Vanderbilt University - (B.A.)
  • Georgia State University - (M.P.A.)

Admitted to Practice

  • Georgia



 

About Bob

A former federal prosecutor, Bob's practice focuses primarily on complex civil litigation, including Qui Tam and False Claims Act investigations and litigation, white collar criminal defense, health care compliance and internal investigations. His experience includes litigating criminal and civil cases at the trial and appellate levels, defending individuals and companies in civil and criminal investigations, criminal prosecutions and regulatory disputes. Much of his practice is devoted to representing health care providers and other highly regulated businesses and individuals. Recent engagements include the following:

Government Enforcement and Compliance Matters

• representing defendants, witnesses and relators in ongoing False Claims Act (FCA) investigations and litigation. Such work has included responding to document requests during the government's FCA investigation, preparing witnesses for and defending witnesses in Civil Investigative Demand (CID) testimony, presenting to the government regarding the intervention decision, negotiating settlement of FCA cases and litigating FCA cases after unsealing. Representative clients include health care providers, financial services companies, and individual officers and employees of target companies

• providing advice to multiple hospital systems and other health care providers on compliance matters, with a focus upon billing, coding, reimbursement, medical necessity and overpayment issues.  As part of such representations, often work with outside consultants to conduct internal investigation under the attorney-client privilege, review statistically significant sample of claims at issue, develop analyses of potential repayment exposure, and communicate the findings of investigation results and repayment analysis to relevant stakeholders.

• successfully defended a hospital system's acquisition of a competitor hospital from antitrust enforcement brought by Federal Trade Commission and a private litigant, including defeating private litigant's attempt to enjoin transaction;

• representing the interests of a hospital system that was the victim of a complex investment fraud scheme. Worked with attorneys from the United States Securities and Exchange Commission in enforcement actions brought against investment manager and investment consultant and prosecuted a private civil action directly against investment consultant;

• defended former company president who received a "target" letter from the government in connection with a nationally publicized investigation into possible criminal immigration offenses. Through a series of presentations, convinced the government to rescind the target letter and bestow derivative and use immunity upon client;

• represented the interests of a health care provider who had previously pled guilty to a misdemeanor health care offense while represented by different counsel. After the Department of Health and Human Services' Office of Inspector General (HHS-OIG) indicated that it intended to exclude the provider from the participation in Medicare and other government health care programs, convinced HHS-OIG not to exclude the provider and allow provider to continue to fully participate in all government health care programs;

• defended a former employee of an automotive dealership against federal criminal charges alleging involvement in a "chop shop." After the close of the government's case during a week-long jury trial, successfully argued that the lead count in the indictment should be dismissed because the government failed to present sufficient evidence to sustain a conviction. After presenting defense case, the jury found client not guilty on the remaining three counts, thereby completely exonerating the client. All of the other defendants in the case either pled guilty or were convicted at trial;

• representing the interests of multiple employees/former employees who are targets, subjects, or witnesses in multiple federal grand jury investigations; and

• conducting internal investigations on behalf of clients concerned over regulatory or criminal exposure and representing employees or former employees in connection with employers' internal investigations.

Civil Litigation Matters

• successfully obtained summary judgment and dismissal of claims on behalf of a multi-national financial institution in multiple civil RICO cases arising from the United States Department of Justice's investigation into questionable tax shelters. The summary judgment and dismissal of claims was later affirmed on appeal;

• defending large timber brokerage company against multiple civil subrogation claims brought by insurance companies seeking to recover for theft loss payments made to timber buyers who were victims of schemes perpetrated by timber buyers' employees.

Prior to joining the firm, Bob was an Assistant United States Attorney in the Southern District of Georgia, where he handled criminal prosecutions at the trial and appellate level. As an AUSA, he tried and prosecuted criminal cases involving health care fraud, tax evasion, financial fraud, counterfeiting, money laundering, embezzlement, immigration crimes, export control violations, government corruption, child pornography and violent crimes. Bob's work as an AUSA also included the investigation and prosecution of medical professionals accused of violating federal drug laws by illegally prescribing controlled substances without a legitimate medical purpose. Bob served as lead trial counsel in numerous jury trials. Bob also had significant appellate duties. He authored more than 50 appellate briefs and represented the government in numerous oral arguments before the Eleventh Circuit Court of Appeals. Bob was granted secret security clearance and lectured at the Federal Law Enforcement Training Center on public corruption. Before becoming an AUSA, Bob was an associate with King & Spalding in Atlanta, where his practice areas included general commercial litigation, professional liability defense, securities and fraud matters, class action defense, antitrust, health care litigation and white collar criminal defense.

Following law school, Bob clerked for Hon. B. Avant Edenfield, United States District Court Judge for the Southern District of Georgia.

Representative Engagements

  • F.T.C. v. Phoebe Putney Health System Inc. 793 F.Supp.2d 1356 (M.D. Ga. 2011)
  • F.T.C. v. Phoebe Putney Health System, Inc., 663 F.3d 1369, 2011 WL 6118565 (11th Cir. 2011)
  • Curtis Inv. Co., v. Bayerische Hypo-Und Vereinsbank, AG, 2007 U.S. Dist., LEXIS 94012 (N.D. Ga. 2007)
  • Curtis Inv. Co. v. Bayerische Hypo-Und Vereinsbank, AG, 341 Fed. Appx. 487 (11th Cir. 2009)
  • United States v. Bennett, 472 F.3d 825 (11th Cir. 2006) (Appellate Counsel)
  • United States v. Parrish, 427 F.3d 1345 (11th Cir. 2005) (Appellate Counsel)
  • United States v. Stuart, 384 F.3d 1243 (11th Cir. 2004) (Trial and Appellate Counsel)
  • United States v. Adams, 329 F.3d 802 (11th Cir. 2003) (Appellate Counsel)
more

Professional and Civic Involvement

  • Executive Committee Member, Health Law Section of the State Bar of Georgia
  • Board of Directors, Georgia Academy of Healthcare Attorneys
  • Criminal Justice Act Panel, Northern District of Georgia
  • National Association of Assistant United States Attorneys
  • National Association of Criminal Defense Lawyers
  • Atlanta Bar Association, Criminal Law Section, Litigation Section
  • State Bar of Georgia, Member
more

Honors

  • Selected multiple times as a Georgia Super Lawyer - Rising Star in the field of White Collar Criminal Defense by Law & Politics Media and Atlanta Magazine

Publications and Presentations

  • An Inside Look at Whistleblower Cases - and Maybe How to Avoid Them, 2018 Tennessee Hospital Association Fall Compliance Conference, September 14, 2018.
  • Audits, Overpayments and Statistics! Recent Developments, 2017 Tennessee Hospital Association Fall Compliance Conference, September 22, 2017.
  • Statistical Sampling and FCA Implications, 2017 Georgia Hospital Association Compliance Retreat, September 7, 2017.
  • Compliance Issues Facing Health Plans, Speaker/Panel Member at 2013 ICLE Fundamentals of Health Care Law Seminar

  • Strategies and Considerations in Health Care Fraud Cases, Speaker/Panel Member at 2013 ICLE White Collar Crime Conference

     

  • State False Claims Act, CIDs and Overpayment Liability, Speaker at Georgia Academy of Hospital Attorneys 2012 Health Law Conference       

  • Federal Health Care Regulation, Speaker/Panel Member at 2012 ICLE Fundamentals of Health Care Law

  • Representing Individuals in Health Care Fraud Investigations, Speaker at the 2012 National Fraud and Compliance Forum sponsored by the American Health Lawyers Association and Health Care Compliance Association.

  • Presented the topic "Legal Ethics, the Attorney-Client Privilege and Internal Investigations" to the National Fraud and Compliance Forum by the American Health Lawyers Association and Health Care Compliance Association. (October 2009)
  • Proving/Negating Criminal Intent: Perspectives for Health Care Fraud Prosecutors and Defense Counsel - Speaker and author of paper presented at 2007 American Health Lawyers Association/Health Care Compliance Association National Fraud and Compliance Forum on defense tactics to negate criminal intent in health care fraud prosecutions,
  • What to Do When FBI Agents Are At The Front Door - And How They Got There In The First Place: Health Care Fraud Enforcement Methods and Defense Responses - Speaker at 2008 Government Health Care Investigations Seminar sponsored by Lorman Educational Seminars
  • Georgia State University Law School Health Law Class 2008-2009; - Guest lecturer, along with a current federal prosecutor, regarding health care fraud enforcement
  • What to Do if Your Client Has Been a Fraud Victim - Speaker and author of paper presented at 2008 ICLE Criminal Law for Non-Criminal Lawyers Seminar
  • Presenter: Association of Corporate Counsel, Small Law Department Committee's monthly teleconference entitled "Internal Investigations, Cooperation and Selective Waiver - Overview and Recent Developments." (June 2009)
  • Emerging Trends: From Computer Searches to the Confrontation Clause - Speaker and author of paper presented at 2007 Federal Bar Association Seminar on Federal Criminal Practice dealing with current issues in computer searches
  • Serves as on-air legal analyst for the nationally syndicated "2 Live Stews" sports talk radio show. Have provided commentary on more than 25 occasions regarding the federal dog-fighting case against former Atlanta Falcons quarterback Michael Vick, the congressional and federal investigations into the alleged use of steroids by major league baseball players, the gun possession case against Plaxico Burress and the SEC insider trading case against Mark Cuban.
more
 
 
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