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November 16, 2021

7 Due Diligence Issues to Avoid False Claims Act Lawsuits

Nelson Mullins partners Jennifer Malinovsky and Ed White join Alice Harris, an attorney with Nexsen Pruet, to go over the key compliance areas to look for in due diligence. 

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Katherine Guarino Baker

Katherine Guarino Baker

Partner

One Financial Center
Suite 3500
Boston, MA 02111
katherine.baker@nelsonmullins.com

Katherine represents businesses and individuals in a wide variety of complex civil litigation and is a trusted advisor in the areas of gaming law, higher education law, employment law and public policy. A primary focus of her practice is assisting casino gaming operators,  vendors, and entrepreneurs to navigate the state and federal commercial and tribal...

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Katherine represents businesses and individuals in a wide variety of complex civil litigation and is a trusted advisor in the areas of gaming law, higher education law, employment law and public policy. A primary focus of her practice is assisting casino gaming operators,  vendors, and entrepreneurs to navigate the state and federal commercial and tribal gaming landscape. Katherine also has developed a niche practice defending colleges and universities against breach of contract, tort, discrimination including under Title IX, and other claims in state and federal court. In the employment context, Katherine represents businesses in discrimination, harassment, trade secret and restrictive covenant disputes.  In addition, she has broad regulatory experience, which includes representing clients before state agencies, drafting legislation and initiative petitions, and interpreting statutes and regulations related to gaming, education, conflicts of interest, and campaign finance.

Katherine Guarino Baker

gaming landscape. Katherine also has developed a niche practice defending colleges and universities against breach of contract, tort, discrimination including under Title IX, and other claims in state and federal court. In the employment context, Katherine represents businesses in discrimination, harassment, trade secret and restrictive covenant disputes.  In addition, she has broad regulatory experience, which includes representing clients before state agencies, drafting legislation and initiative petitions, and interpreting statutes and regulations related to gaming, education, conflicts of interest, and campaign finance.

Katherine represents businesses and individuals in a wide variety of complex civil litigation and is a trusted advisor in the areas of gaming law, higher education law, employment law and public policy. A primary focus of her practice is assisting casino gaming operators,  vendors, and entrepreneurs to navigate the state and federal commercial and tribal... gaming landscape. Katherine also has developed a niche practice defending colleges and universities against breach of contract, tort, discrimination including under Title IX, and other claims in state and federal court. In the employment context, Katherine represents businesses in discrimination, harassment, trade secret and restrictive covenant disputes.  In addition, she has broad regulatory experience, which includes representing clients before state agencies, drafting legislation and initiative petitions, and interpreting statutes and regulations related to gaming, education, conflicts of interest, and campaign finance.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters

  • Argued for and obtained dismissal of all claims at summary judgment in Massachusetts Superior Court for real estate investment firm in a breach of contract, Fair Credit Reporting Act, negligence, and breach of warranty case
  • Obtained dismissal of all claims at summary judgment on behalf of a university in a suit brought by a former visiting researcher alleging commercial disparagement, breach of contract, fraud, and violation of Chapter 93A and successfully defended resulting appeals and related actions in state and federal court
  • Advised gaming operator with respect to tribal land-in-trust process, including an analysis of a tribe’s eligibility under the Indian Reorganization Act
  • Defended college in employment discrimination action before the Massachusetts Commission Against Discrimination and in Superior Court and secured favorable settlement after mediation
  • Participated in bench trial on behalf of a university involving claims arising out of a real estate agreement, which the court dismissed, and secured affirmance on appeal
  • Obtained dismissal at summary judgment of negligence and contract claims asserted against a university arising out of an alleged sexual assault involving two former students
  • Drafted legislation for an early education nonprofit to support early literacy initiatives in the Commonwealth
  • Argued for and obtained dismissal of all claims on a motion to dismiss in federal court on behalf of a university in a disability discrimination case
  • Assisted in drafting a complete recodification of the Massachusetts Credit Union laws
  • Advised client with respect to Massachusetts Expanded Gaming Act, including as to bidding process for commercial gaming license
  • Served as outside employment counsel on a pro bono basis to a bilingual and bicultural behavioral health facility that assists residents to overcome trauma, addiction, and homelessness
  • Drafted initiative petition to allow for an additional slots parlor in the Commonwealth, which was certified by the Attorney General and appeared on the ballot in 2016
  • Advised state initiative petition proponents with respect to ballot question committee and compliance with campaign finance law
  • Member of litigation team in New Zealand fraud case involving investments in a winery, which resulted in multimillion-dollar judgment for clients 
  • Drafted a trial and appellate brief for a charitable foundation in a continuing trespass case, resulting in a judgment from the Rhode Island Supreme Court to remove an oceanfront mansion that encroached upon the foundation's parkland

Education

  • Boston College Law School, JD
  • College of the Holy Cross, BA, magna cum laude

Admissions

  • Massachusetts
  • New Hampshire
  • Supreme Court of the United States
  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. Bankruptcy Court for the District of Massachusetts
  • U.S. District Court for the District of New Hampshire

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • International Association of Gaming Advisors
  • Massachusetts Bar Association
  • Women’s Bar Association – Women in the Courtroom committee
  • USA500 Club
  • Holy Cross Alumni Association Board of Directors
  • Massachusetts Bar Association’s Leadership Academy graduate (inaugural class)
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