Andrew O’Connor represents clients in high-stakes government investigations and civil litigation. He has represented many well-known companies facing major DOJ and state attorney general investigations, class actions, and False Claims Act litigation. He is co-leader of Ropes & Gray’s Health Care and Life Sciences Industry Group and co-heads the firm’s Chambers Band 1–ranked False Claims Act practice.
Andrew has a proven track record helping clients navigate high-profile legal matters. His matters have been the subject of extensive reporting in the Washington Post, New York Times, Wall Street Journal, and industry press. Andrew recently played a leading role a multi-district litigation involving more than 3,000 state and federal cases across the country, culminating in a nationwide resolution with 50 state and territory attorneys general and hundreds of civil plaintiffs.
Andrew’s practice spans civil and criminal matters involving the False Claims Act, fraud statutes, anti-kickback laws, FDA regulations, the Controlled Substances Act, antitrust laws, insurance billing rules, the Foreign Corrupt Practices Act, and federal securities laws. Andrew has successfully litigated complex civil cases on behalf of clients in state and federal court, at both the district and appellate levels. He has played lead roles in defending clients against potential enforcement actions by the U.S. Department of Justice, state attorneys general, and federal regulatory agencies. He has also led internal investigations on a national and international scale.
Andrew is a graduate of Yale University and Harvard Law School, where he served as an editor of the Harvard Law Review. His pro bono practice has included representing leading civil rights organizations and individuals in immigration, civil rights and other matters.
Experience
Civil & Criminal Investigations
- Defended major pharmaceutical and medical products company in civil and criminal investigation by United States Attorney's Office and the Office of Consumer Protection Litigation of the U.S. Department of Justice into alleged off-label promotion and kickback arrangements and associated False Claims Act liability, leading to favorable civil-only resolution.
- Negotiated first-of-its-kind DOJ resolution of allegations regarding potential violations of the Controlled Substances Act and DEA regulations by a pharmaceutical manufacturer in connection with the sale and distribution of prescription opioid products.
- Represented health system in antitrust investigation by state Attorney General’s office.
- Represented international medical device manufacturer in multi-year criminal and civil investigation into alleged kickbacks, fraud and False Claims Act liability. Reached favorable settlement with the U.S. Department of Justice, HHS Office of Inspector General and other government agencies.
- Represented software company in aerospace industry in connection with internal investigation regarding potential False Claim Act issue.
- Represented pharmaceutical manufacturer in historic multi-state Attorney General investigations into sales and promotion of opioids, leading to $1.6 billion resolution with 50 state and territory attorneys general.
- Represented government contractor in agency investigation related to compliance with regulatory issues concerning aerospace contract.
- Represented large multinational pharmaceutical company in consumer protection investigations by state Attorneys General into allegedly misleading direct-to-consumer advertising.
- Represented large multinational pharmaceutical company in high-profile, wide-ranging investigation of foreign bribery allegations.
- Represented international medical device company in wide-ranging government investigation regarding alleged provision of in kind services to health care providers in violation of anti-kickback statute and False Claims Act.
- Represented major national organization in connection with investigation of patient assistance programs prompted by False Claims Act complaint.
- Successfully represented surgical implant manufacturer in connection with civil and criminal investigation into allegedly improper consulting relationships with physicians and alleged False Claims Act liability.
- Represented Chief Compliance Officer of medical device company in connection with federal grand jury investigation of health care fraud.
- Represented drug manufacturer in connection with municipal false claims investigation involving allegedly misleading promotion of branded and generic prescription drugs.
False Claims Act & Class Action Litigation
- Argued and won summary judgment on behalf of major health care provider in False Claims Act case alleging billions of dollars in potential liability in connection with alleged regulatory compliance issues.
- Represents life sciences client in high-profile federal multidistrict litigation and state court lawsuits related to pharmaceutical sales practices..
- Secured dismissal with prejudice of False Claims Act qui tam complaint against major health care provider regarding external patient referral practices.
- Secured favorable resolution of False Claims Act qui am alleging improper billing for laboratory testing by major national health care provider.
- Secured dismissal with prejudice of class action complaint alleging improper Medicare billing practices.
- Successfully represented medical device manufacturer in multiple qui tam actions under the federal False Claims Act involving alleged kickbacks and over-billing.
- Secured zero-dollar resolution for medical products and pharmaceutical company in action under California state qui tam statute alleging the submission of false claims to private insurers.
- Successfully represented pharmaceutical manufacturer in False Claims Act case alleging improper conduct during contract bidding process.
- Successfully argued motion to dismiss complaint against biotechnology and medical device company in securities fraud action involving allegedly misleading statements to investors.
- Represented biotechnology firm in securing dismissal of a securities class action involving allegedly false statements concerning FDA approval of the company’s flagship medical product. Successfully represented company in a challenge to the dismissal before the U.S. Court of Appeals.
- Represented executive officers in multi-billion dollar securities fraud class actions involving alleged accounting misstatements concerning exposure to subprime and other nontraditional mortgage-related securities.
- Successfully represented biotechnology company in defending against shareholder action threatening strategic merger with medical device company.