Sandra Masselink is a litigation and enforcement associate whose practice includes complex civil litigation and government and internal investigations. Sandra has experience in all stages of litigation, including dispositive motion practice, managing all aspects of discovery, trial, and appeal. She has particular experience representing clients in matters involving the False Claims Act and the Anti-Kickback Statute, and in representing mutual fund clients in cases brought under Section 36(b) of the Investment Company Act. Sandra maintains an active pro bono practice, representing clients in civil rights, landlord-tenant, and immigration matters.
Prior to joining the firm, Sandra clerked for the Honorable George A. O’Toole, Jr. of the U.S. District Court for the District of Massachusetts.
Experience
False Claims Act and Anti-Kickback Statute Matters
- Defended a dozen corporate entities and individuals in FCA suit seeking $7 billion in damages for alleged fraudulent inducement with respect to federal grant programs and state Medicaid contracts.
- Obtained complete dismissal, affirmed by the Sixth Circuit, of FCA suit alleging fraudulent upcoding of Medicare claims on behalf of a global health and community care technology company.
- Obtained dismissal on public disclosure bar grounds on behalf of a multinational pharmaceutical company in FCA litigation alleging off-label promotion and violations of the AKS based on purported sham speaker payments and extravagant meals and travel. Subsequently secured Ninth Circuit affirmance on appeal.
- Obtained summary judgment on behalf of a major healthcare provider in FCA case alleging billions of dollars in potential liability in connection with alleged regulatory compliance issues.
- Represents a medical device company in DOJ investigation concerning alleged FCA and AKS violations.
Business and Commercial Litigation Matters
- Regularly represents and advises private equity firms and their portfolio companies in complex commercial disputes and pre-acquisition diligence.
- Obtained favorable resolution for a mental health services corporation in a breach of contract dispute.
- Conducted investigation on behalf of a private equity company into allegations of criminal misconduct by a former member of senior management.
- Represented multiple fund advisers against claims of excessive fees under the Investment Company Act of 1940 (Metropolitan West Asset Management, T. Rowe Price), including successfully serving as counsel to Metropolitan West Asset Management in 2018 bench trial.
- Assisted Boston Children’s Hospital in defeating a challenge to a determination of need, brought by opponents of a much-needed modernization and expansion project to build, among other things, a state-of-the-art NICU and heart center.
- Advised clients in matters related to the COVID-19 pandemic and related economic instability, including in pre-litigation matters.
Pro Bono Matters
- Argued before the Massachusetts Appeals Court and secured affirmance on behalf of the Massachusetts Department of Children and Families in a case involving the termination of parental rights.
- Secured a summary reversal in the Third Circuit of the dismissal of an incarcerated client’s claim against three Pennsylvania correctional employees.
- Secured grant of asylum for political asylee in immigration court.