Kevin M. Bolan
Biography
Overview
Kevin Bolan is a partner in the Boston office of White & Case. Clients turn to him for his skillful approach to solving their most complex issues, including white collar defense, pharmaceutical and healthcare-related disputes, antitrust claims, high-stakes commercial litigation, and arbitration.
In the pharmaceutical, life-sciences, and healthcare sector, Kevin's clients include providers, pharmacies, and drug and medical-device makers involved in disputes with the federal government, numerous states' Attorneys General, and private parties. He has defended clients against class-action claims, False Claims Act (FCA) and Antikickback Statute matters, Medicaid fraud allegations, and payor-provider payment disputes. Kevin also advises corporate clients concerning enhancements to their compliance policies and practices (with a focus on anti-corruption, anti-bribery, and anti-fraud efforts), and regularly assesses compliance risks in the context of M&A, financing, and other transactions.
Kevin also represents clients in antitrust matters and related appeals. Clients benefit from Kevin's experience litigating claims alleging violations of Sherman Act Sections 1 and 2 on behalf of both claimants and defendants. Kevin also has represented clients in intellectual property matters involving patent, copyright, and trademark infringement claims.
At Georgetown University Law Center, Kevin was an editor of the Georgetown Law Journal, a moot court member and a Law Fellow for the first-year legal research and writing program. Before law school, Kevin worked as a daily newspaper reporter and as a college admissions officer.
Experience
False Claims Act and related reimbursement disputes
- Represented the US's third-largest hospice provider as part of investigation by US Department of Justice (DOJ) Fraud Section and five US Attorneys' Offices. Investigation arose from four qui tam complaints alleging client billed Medicare for ineligible hospice patients. DOJ declined to intervene.
- Represented brand- and generic-pharmaceutical manufacturers against FCA claims targeting pricing conduct. Claims dismissed on motions to dismiss.
- Defended a national healthcare provider against claims of putative class of private health insurers. Putative class sought recover of alleged overpayments arising from provider's US$345 million settlement of healthcare fraud claims before an AAA panel. Class certification denied.*
- Defended a national healthcare provider against worthless care-False Claims Act allegations.*
FCPA and Securities
- Conducted internal investigations to support defense of a life-sciences company in DOJ and SEC investigations of FCPA and revenue recognition issues in Africa, Asia, and Latin America. DOJ declined three investigations; SEC settled on terms favorable to client.
- Conducted an FCPA investigation in South Asia for a global diagnostics company.*
Antitrust
- Trial counsel for defendant in United States v. Usher (SDNY), criminal prosecution regarding London Foreign Exchange Market. The jury acquitted our client.
- Represented an international manufacturer in DOJ Antitrust Division's auto parts investigations* and follow-on civil disputes.
- Represented a major manufacturing company in multi-party litigation, trial, and appeal of antitrust, patent (including patent misuse), copyright, tort and Digital Millennium Copyright Act claims.*
- Advised a pharmaceutical manufacturer concerning Robinson-Patman Act issues.*
Additional experience
- Successfully represented a life-sciences company on breach-of-contract claims in confidential AAA arbitration.
- Successfully represented an international manufacturer on beach-of-contract, fraudulent-transfer, and unfair-trade practices claims, resulting in a multimillion trial judgment (including attorney fees and costs). Defending same client against claims of aiding and abetting breach of fiduciary duty, civil conspiracy, and unfair-trade practices claims.
- Provided regulatory advice and litigated on behalf of various healthcare companies in actual or potential disputes with the federal government, States' Attorneys General, and private parties, including potential issues arising under, e.g., the FCA, the Stark Act, the FCPA, and the Health Insurance Portability and Accountability Act.
- Represented, pro bono, a class of 19,000 children in foster care to affect systemic reform of one of the nation's largest state-run foster care systems.*
* Matters prior to working for White & Case
"The Role of the GC," Q&A for Today's General Counsel (Jan. 24, 2022)
Co-author, "Questions to Ask if Doing Business in a Corruption Hot Spot," Law360 Expert Analysis (Nov. 12, 2021)
Co-author, "ESG Litigation Risks for Mining and Metals Companies," Pratt's Energy Law Report (Jan. 2021)
Co-author, "Managing FCA Risk Stemming From Virus Relief Funds," Law 360 (Apr. 28, 2020)
Co-author, "The Road Back To Business As Usual: 12 Steps For Companies," Law360 (Apr. 23, 2020)
Co-author, "FX Fraud Decision Tests Limits Of Right-To-Control Theory," Law360 (Nov. 14, 2019)
