Bob Brennan is who you want in your corner when the government comes calling. A former federal prosecutor, Bob’s work is informed by deep experience in healthcare compliance. He is known for his pragmatic, client-centric approach to the defense of civil and criminal investigations including False Claims Act matters, compliance counseling regarding potential exposure under the False Claims Act statute, the Anti-kickback statute, and the Stark law and complex civil litigation.
Much of Bob’s practice is devoted to representing healthcare providers and other highly-regulated businesses, as well as those who work in such businesses. He has successfully represented businesses and corporate executives in enforcement matters, white collar crime cases, and a variety of attendant civil litigation matters. Bob also regularly counsels clients on regulatory compliance, represents clients in False Claims Act investigations and grand jury proceedings, and conducts internal investigations on behalf of clients concerned about potential regulatory or criminal exposure.
Bob brings the same determination, drive, and focus that he developed as an Assistant U.S. Attorney to zealously represent his client’s interests – and keep them on the right side of the law. It’s little wonder, then, that his clients regard Bob as an invaluable resource in helping them navigate today’s increasingly-complex regulatory climate.
Representing national physician staffing company in False Claims Act investigation brought by the United States Department of Justice. Convinced the United States to decline intervention and currently litigating matter against Relator.
Representing provider of hospital based physical therapy services in defense of False Claims Act lawsuit.
Representing mortgage lender in defense of False Claims Act lawsuit.
Represent a hospital in significant litigation against a former physician employee and executive. The case involves several claims and counterclaims relating to the physician's departure from employment with our client and his decision to work for a competitor hospital in violation of his non-competition covenant, as well as disputes relating to compensation issues. After extensive discovery, defeated the physician's motion for summary judgment as to the alleged unenforceability of his non-competition covenant and convinced the Court to grant summary judgment for the hospital on physician’s tort claims. The case is pending before the Georgia Court of Appeals.
Successful resolution of qui tam action against hospital alleging violation of False Claims Act relating to emergency medical services.
Advised large healthcare provider in a False Claims Act investigation and response to civil investigative demand.
Represented executive of large physician practice management company in False Claims Act investigation alleging violations of the Anti-Kickback statute. Negotiated resolution that afforded the client a complete release of any liability under the False Claims Act and convinced the HHS-OIG that executive should not be excluded from the Medicare program.
Represented a law firm in a government investigation and related civil proceedings involving allegations that deceased managing partner stole millions of dollars of client trust funds over many years.
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.
Represented 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 and the United States Attorney's Office in civil and criminal enforcement actions brought against investment manager and investment consultant and prosecuted a private civil action directly against investment consultant.
Provide due diligence compliance and regulatory support to healthcare lending clients.
Appointed by the United States District Court, Northern District of Georgia, to 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.
Defended former company president of a major food processing company 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 co-owner of a hedge fund in a criminal insider trading investigation. Convinced the Department of Justice not to indict our client even though the Department of Justice indicted the other owner of the hedge fund.
False Claims Act - Ethical & Legal Dilemmas for Relator & Defense Counsel panel, 2020 Whistleblower Law Symposium, February 2020
Legal Ethics: Internal Investigations and the Attorney Client Privilege in Fraud Investigations, Georgia Chapter of the Association of Corporate Counsel, January 2020
How to Successfully Defend Businesses and Individuals in FCA Cases, False Claims Act Summit, May 2019
Legislative/CON/Medicaid Expansion Update, 2019 GAHA Annual Meeting & Law Update
Defense and Avoidance of False Claims Act Investigations, 2018 Tennessee Hospital Association Fall Compliance Conference
Responding to the Opioid Crisis, Panel Member at the 2018 Georgia Academy of Healthcare Attorneys Annual Meeting and Health Law Update
Perspectives in Affirmative Civil Enforcement Litigation, Presentation with current Assistant United States Attorney to the 2018 Court Advisory Committee Conference, United States District Court for the Southern District of Georgia
Hot Topics in White Collar Crime, Panel Member, 2018 ICLE White Collar Crime Seminar
Hot Topics in Qui Tam Cases, Panel Member, 2018 ICLE Whistleblower Law Symposium
Federal and State Responses to the Opioid Crisis, Moderator of Panel Featuring Enforcement Officials from the State of Georgia, the U.S. Attorney's Office for the Northern District of Georgia and the Drug Enforcement administration, 2017 ICLE Advanced Health Law Seminar
Audits, Overpayments and Statistics! Recent Developments, 2017 Tennessee Hospital Association Fall Compliance Conference
Statistical Sampling and FCA Implications, 2017 Georgia Hospital Association Compliance Retreat
Strategies and Considerations in Healthcare Fraud Cases, Speaker/Panel Member at 2013 ICLE White Collar Crime Conference
Representing Individuals in Healthcare Fraud Investigations, Speaker at the 2012 National Fraud and Compliance Forum sponsored by the American Health Lawyers Association and Health Care Compliance Association
Legal Ethics, the Attorney-Client Privilege and Internal Investigations, Speaker at the 2009 National Fraud and Compliance Forum by the American Health Lawyers Association and Health Care Compliance Association
Proving/Negating Criminal Intent: Perspectives for Healthcare 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 healthcare fraud prosecutions
Georgia State University Law School Health Law Class - Guest lecturer, along with a current federal prosecutor, regarding healthcare fraud enforcement
University of Georgia School of Law Health Law Class – Guest lecturer, along with a current federal prosecutor, regarding healthcare fraud enforcement and the Anti-Kickback Statute