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 and healthcare sector, Kevin's clients include providers, pharmacies, manufacturers and PPO providers 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) matters, Medicaid fraud allegations, and payor-provider payment disputes.
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
FCPA and Securities
- Conducted internal investigations to support defense of 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 FCPA investigation in South Asia for a global company.*
False Claims Act and related reimbursement disputes
- Defended 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 was denied.*
- Defended national healthcare provider against worthless care-False Claims Act allegations.*
- Represented 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.
Antitrust
- Trial counsel for defendant in United States v. Usher, et al. (SDNY), criminal prosecution regarding London Foreign Exchange Market. The jury acquitted our client.
- Represented international manufacturer in DOJ Antitrust Division's auto parts investigations* and follow-on civil disputes.
- Represented various individuals in grand jury investigations of alleged price-fixing in tank container and construction equipment manufacturing industries.*
- Represented major manufacturing company in multi-party litigation, trial, and appeal of antitrust, patent (including patent misuse), copyright, tort and Digital Millennium Copyright Act claims.*
- Litigated Section 2 claims based on the enforcement of a valid patent by an allegedly improper owner.*
- Advised a pharmaceutical manufacturer concerning Robinson-Patman Act issues.*
Additional experience
- 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 various trademark owners in litigation on claims of trademark infringement and unfair competition.*
- Represented a former general counsel in an audit committee investigation and shareholder derivative litigation regarding issuance of stock options.*
- Represented national law firm in a legal malpractice claim asserting a "lost settlement opportunity."*
- 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
Co-author, Managing FCA Risk Stemming From Virus Relief Funds, Law 360 (April 28, 2020)
Co-author, The Road Back To Business As Usual: 12 Steps For Cos., Law360 (April 23, 2020)
Co-author, FX Fraud Decision Tests Limits Of Right-To-Control Theory, Law360 (November 14, 2019)
Domestic and International Healthcare Arbitrations, Health Lawyers Weekly (May 25, 2012)
Setting a Lower Patent Misuse Standard?, Law360 (June 26, 2009)
