Jason Popp is a senior associate in the Litigation & Trial Practice Group. He focuses his practice on health care litigation, government and internal corporate investigations, and corporate compliance matters. Jason is a member of the firm’s Health Care Litigation Team and its Government Investigation & Special Matters Team.
Jason frequently defends clients against government and congressional investigations involving health care fraud, the False Claims Act, and the Foreign Corrupt Practices Act. He has represented clients against the Department of Justice, the HHS Office of Inspector General, the Securities and Exchange Commission, the Federal Trade Commission, and various Consumer Protection Offices and congressional committees. Jason also represents clients in voluntary disclosures arising under the FCA and FCPA. In addition to his investigations practice, Jason assists companies in creating or improving their compliance programs.
Jason has extensive litigation experience. He has represented clients in civil litigation throughout the country in complex matters involving the FCA, trade secrets and unfair trade practices statutes, and federal and state health care regulations.
- Obtained dismissal of federal False Claims Act complaint against a publicly traded home health care provider; successfully defended the company in the Sixth Circuit Court of Appeals and against certiorari petition to the United States Supreme Court.
- Represented a publicly traded health care company in a civil investigation involving health care fraud.
- Represented an assisted living provider in a civil investigation involving health care fraud; the government ultimately declined to pursue claims.
- Represented a Fortune 50 company in a criminal HIPAA investigation; obtained declination of prosecution.
- Conducted multiple internal investigations related to alleged fraud and FCPA issues.
- Represented a medical clinical outsourcing company in voluntary disclosure under the HHS-OIG Self-Disclosure Protocol.
- Assisted numerous clients develop effective compliance programs, with emphasis on compliance under the FCA and FCPA.
In recent years, the pharmaceutical industry has been a frequent target of Foreign Corrupt Practices Act (FCPA) investigations. Since 2009, when Assistant Attorney General Lanny Breuer warned that the Department of Justice (DOJ) would be “intensely focused on rooting out foreign bribery in [the pharmaceutical] industry,” eight of the world’s 10-largest drugmakers have indicated that they may be facing FCPA liability, and many more have received letters of inquiry from DOJ. The government has paid particular attention to potentially improper payments associated with clinical trials conducted abroad. This article discusses recent developments in this arena and how pharmaceutical companies and medical device makers can best protect themselves from FCPA liability.
November 26, 2012
On November 14, 2012, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) jointly released their long-anticipated guidance on the Foreign Corrupt Practices Act (FPCA). Entitled A Resource Guide to the U.S. Foreign Corrupt Practices Act (the “Resource Guide”), it does not contain ground-breaking legal revelations but does offer helpful information to companies transacting business in foreign countries. For example, it provides in-depth discussions on permissible gifts and payments under the FCPA, the definition of “foreign official,” FCPA risk in the merger and acquisition context, liability under the accounting provisions, and the keys to a successful compliance program. Although the Resource Guide is not legally binding, it contains practical guidance that can help companies operating abroad mitigate FCPA risk. This advisory discusses some of the Resource Guide’s more notable areas of guidance.
November 20, 2012
Alston & Bird LLP is pleased to provide this Seventh Edition of the Georgia Appellate Practice Handbook to the Institute of Continuing Legal Education in Georgia.
The Handbook was first published in 1985 under the leadership of Alston & Bird partner Terry Walsh, with the invaluable assistance of Supreme Court Justices Harold Clarke and George Carley (then a Court of Appeals Judge). The lawyers and judges who have contributed to updated editions of the Handbook during the intervening decades are too numerous to name, but we remain thankful for their contributions, leadership, and guidance in connection with this work.
“The Cost of Attorney-Client Confidentiality in Post 9/11 America,” Georgetown Journal of Legal Ethics, Summer 2007.