|
Mr. Shaw focuses his practice on both health care and litigation issues. Mr. Shaw has represented numerous health care clients involved in criminal, civil and administrative fraud and abuse investigations by the federal government and state Medicaid Fraud Control Units throughout the United States. These clients include physicians, medical practice groups, clinical laboratories, hospitals, durable medical equipment suppliers, home health agencies and other health care providers in a variety of settings, including disciplinary and hospital medical staff peer review proceedings, contract disputes resulting in civil litigation, reimbursement issues, and during Medicare/Medicaid audits and investigations. Mr. Shaw has represented and provided advice on health care issues to the Massachusetts Medical Society, the Home & Health Care Association of Massachusetts, the New England Journal of Medicine, and the New England Medical Equipment Dealers Association.
Mr. Shaw also has an active white collar crime criminal defense and civil litigation practice, having successfully tried numerous cases in state and federal court involving healthcare, securities and insurance fraud, product liability, breach of contract and personal injury claims. He has also argued in excess of 18 cases to appellate courts.
Prior to joining Brown Rudnick, Mr. Shaw was a founding partner at the Boston law firm of Schwartz, Shaw and Griffith which was formed in 1982. Formerly, Mr. Shaw was an Assistant Attorney General in the Criminal Bureau of the Massachusetts Department of the Attorney General from 1975 to 1982, where he was Chief of the Regulatory Crimes Unit that prosecuted economic crimes and offenses affecting state administrative agencies, including insurance, banking and tax fraud as well as hazardous waste prosecutions.
Representative Matters
o In a case of first impression with significant potential ramifications, representing a neurologist sued by a consortium of health insurance companies for engaging in alleged illegal marketing practices on behalf of a national pharmaceutical manufacturer by promoting the off-label use of a major drug at medical education conferences.
o Represents the New England Journal of Medicine in a variety of mass tort litigations where the parties seek materials relating to scientific studies and articles published in the Journal.
o Lead attorney for national stored-value card issuer in challenging the authority of states to regulate gift cards issued by federally chartered banks, resulting in a ruling of first impression that such gift cards are pre-empted by federal law from state regulation. SPGGC, LLC, et al v. Kelly Ayotte, Attorney General, 488 F. 3d 525 (1st Cir. 2007).
o Lead trial counsel with Brown Rudnick banking attorneys for the Ad Hoc Committee of Trade Creditors in the MCI/World Com Chapter 11 cases in the Bankruptcy Court for the Southern District of New York, in which the clients successfully increased their plan recoveries by 50%.
o Successfully tried on behalf of the country's largest baking company a $3.4 million contract dispute in Massachusetts federal district court.
o Obtained an acquittal on state criminal securities fraud and related charges for an individual involved in a foreign currency trading operation.
o Successfully defended a multi-specialty medical group practice in a state court lawsuit against claims by a competitor for unfair competition and violation of the federal "Stark" law.
o Developed a model fraud and abuse compliance program for the Massachusetts Medical Society and implemented numerous compliance programs for hospitals, medical practices, home health agencies and durable medical equipment suppliers. Mr. Shaw also acts as compliance counsel to these entities.
Publications
o Quoted in "What Physicians Can Say About Off-Label Therapies - Lawsuits Could Set New Precedents", Neurology Today, October 2006
o Co-author, "Fraud & Abuse Investigations Handbook for the Healthcare Industry"(American Health Lawyers Association)
o Co-author, "Business Valuation Damages" in Massachusetts Expert Witnesses, (MCLE)
o Co-author, Proceedings Before the Office of Campaign and Political Finance, " in Massachusetts Election Administration, Campaign Finance and Lobbying Law, (MCLE)
o Numerous health care articles in various professional journals and trade association publications.
Speaking Engagements
o Mr. Shaw regularly speaks on the topic of healthcare fraud and abuse to the American Health Lawyers Association and various bar and trade associations.
Awards & Honors
o Listed by Chambers "America's Leading Lawyers for Business" for regulatory healthcare litigation
Community Involvement
o Adjunct Professor, Suffolk University Law School, where he has taught a course on Healthcare Fraud and Abuse since 1999
o Mr. Shaw is an active rower in the Cambridge Boat Club, and has participated as an umpire and rower in the annual "Head of the Charles" regatta for a number of years
Bar Admissions & Memberships
o Admitted, Massachusetts Bar
o Admitted, U.S. Supreme Court, the First Court of Appeals and the U.S. District Court for the District of Massachusetts
o Member, American, Massachusetts and Boston Bar Associations
o Member, American Health Lawyers Association
o Former Vice-Chair, Medicine and Law Committee of the Tort and Insurance Section of the ABA
o Former Chair, Health Law Section Council of the Massachusetts Bar Association |
