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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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Lane W. Davis

Lane W. Davis

Partner

Greenville ONE
2 W. Washington Street
Suite 400
Greenville, SC 29601
lane.davis@nelsonmullins.com

Lane is a litigation partner who has always enjoyed a diverse practice spanning numerous areas of complex litigation such as business torts, health care, managed care, securities, ERISA, Section 1983, covenants not to compete, employment, trade secrets, RICO, public corruption, franchise law, fiduciary claims, large will contests, wrongful death cases, product liability, utility disputes, class...

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Lane is a litigation partner who has always enjoyed a diverse practice spanning numerous areas of complex litigation such as business torts, health care, managed care, securities, ERISA, Section 1983, covenants not to compete, employment, trade secrets, RICO, public corruption, franchise law, fiduciary claims, large will contests, wrongful death cases, product liability, utility disputes, class actions, professional negligence, and FLSA collective actions. Mirroring the diversity of his practice, Lane’s clients are predictably just as diverse and embrace a variety of product manufacturers, health care entities, hospital systems, health benefit plans, federal contractors, municipalities, public utilities, public service districts, police departments, chemical manufacturers, lenders, public officials, prosecutors, nonprofits, and individuals.   

Lane’s diversity of practice results not only from his curiosity but also his creativity and strategic ability. His ability to think outside of the box and solve problems has prompted clients to recruit Lane to their team regardless of the nature of their problem. Lane has significant courtroom and trial experience, having managed litigation in no less than 12 jurisdictions.

Lane W. Davis

actions, professional negligence, and FLSA collective actions. Mirroring the diversity of his practice, Lane’s clients are predictably just as diverse and embrace a variety of product manufacturers, health care entities, hospital systems, health benefit plans, federal contractors, municipalities, public utilities, public service districts, police departments, chemical manufacturers, lenders, public officials, prosecutors, nonprofits, and individuals.   

Lane’s diversity of practice results not only from his curiosity but also his creativity and strategic ability. His ability to think outside of the box and solve problems has prompted clients to recruit Lane to their team regardless of the nature of their problem. Lane has significant courtroom and trial experience, having managed litigation in no less than 12 jurisdictions.

Lane is a litigation partner who has always enjoyed a diverse practice spanning numerous areas of complex litigation such as business torts, health care, managed care, securities, ERISA, Section 1983, covenants not to compete, employment, trade secrets, RICO, public corruption, franchise law, fiduciary claims, large will contests, wrongful death cases, product liability, utility disputes, class... actions, professional negligence, and FLSA collective actions. Mirroring the diversity of his practice, Lane’s clients are predictably just as diverse and embrace a variety of product manufacturers, health care entities, hospital systems, health benefit plans, federal contractors, municipalities, public utilities, public service districts, police departments, chemical manufacturers, lenders, public officials, prosecutors, nonprofits, and individuals.   

Lane’s diversity of practice results not only from his curiosity but also his creativity and strategic ability. His ability to think outside of the box and solve problems has prompted clients to recruit Lane to their team regardless of the nature of their problem. Lane has significant courtroom and trial experience, having managed litigation in no less than 12 jurisdictions.

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.

Experience

  • Managed Significant Litigation in 12 or More Jurisdictions.
  • Substantial Courtroom and Trial Experience in Federal, State, and Appellate Courts.
  • Prevailed in Over a Dozen Proceedings Involving Preliminary Injunctive Relief.
  • Successfully Prosecuted or Defended Over 15 Major Cases Involving Public Entities.

Illustrative Class Action & Collective Actions

  • Defended and successfully defeated class certification bid in federal lawsuit alleging ERISA violations and resultant damages exceeding $15 Million Dollars against client, a federal defense contractor operating the Savannah River nuclear facility.  Case thereafter resolved on highly favorable terms on third day of trial.
  • Defended and obtained dismissal with prejudice of global client in class action lawsuit filed in St. Croix, USVI alleging chronic respiratory problems afflicting class of employees who used manufacturing catalysts when refining oil.
  • Defended and successfully obtained dismissal with prejudice of manufacturer of dibromethane in West Virginia state court.
  • Prosecuted class action lawsuit against defense class consisting of residents of John’s Island, South Carolina successfully resulting in class–wide declaratory and injunctive relief and foreclosing $50 Million Dollars in liability exposure to client.  
  • Defended class action and obtained summary judgment in favor of utility client accused of using illegal and disparate pricing scheme.
  • Defended 200 store grocery store chain in FLSA Collective Action and successfully limited regional certification sought by Plaintiff to only four locations thereafter resulting in highly favorable settlement terms.
  • Defended managed care provider in FLSA Collective Action and successfully limited nationwide certification to single location, 3 individuals, and thereafter resulting in highly favorable settlement terms.  

Illustrative Health and Managed Care Litigation

  • Defeated bid for injunctive relief asserted by health insurer against client, a health benefits manager, in federal court and ultimately obtained lawsuit’s dismissal.
  • Prosecuted multi–year, multi–state, managed care litigation successfully recovering nearly $2 Million Dollars in claims improperly denied by four health care plans.
  • Prosecuted managed care litigation for client resulting in recovery of over $1 Million Dollars in unpaid claims for services.
  • Litigated and managed a series of managed care disputes, ranging between $250,000 and $500,000, arising from disagreements over claims processing.
  • Defended one of the largest southeastern hospital systems in lawsuit seeking to unwind client’s corporate restructuring implicating billions of dollars in assets.
  • Defended large medical practice in dispute resulting from acrimonious departure of a primary physician.
  • Managed and provided tactical advice to avoid large dispute in managed care space and thereafter negotiated favorable terms for the termination of IT vendor contract while allowing continuation of critical services needed by client, a benefits manager and provider, during transition to new IT provider.
  • Managed and negotiated favorable business resolution with vendor in managed care space whose protocol lapses resulted in the dissemination of protected data.

Illustrative Business and Business Tort Litigation

  • Defended and successfully blocked efforts of a scam artist from seizing control of renewable energy project worth over $10 Million Dollars, the net profits of which were earmarked for college education funds for indigent children.
  • Obtained anti–suit injunction against global pharmaceutical company in federal court resulting in $11 Million Dollar settlement on behalf of client, a global chemical manufacturer.
  • Obtained defense verdict in lawsuit involving $15 Million Dollars in damage claims arising out of interference with contract claims asserted against textile equipment dealer.
  • Defended lawsuit involving multi–million dollar claims against finance company ultimately resulting in nuisance value settlement.
  • Obtained jury verdict in favor of Plaintiff in shareholder dispute concerning stock options worth in excess of $10 Million Dollars.
  • Prosecuted lawsuit in federal court on behalf of international chemical manufacturer obtaining enforcement of contract and avoiding $19 Million Dollar loss to client.
  • Obtained $1 Million Dollar Judgment against Atlanta trucking company in commercial contract dispute.
  • Obtained pre–judgment order freezing bank accounts of Russian corporation who had perpetrated fraud relating to frozen–at–sea cod off the coast of Kamchatka, Russia.   
  • Obtained almost full recovery of monies converted from South Carolina staffing company by off–shore investment scam.
  • Obtained order granting summary judgment in favor of national bank due to federal preemption of consumer protection statutes under the National Bank Act.
  • Prosecuted case on behalf of national restaurant chain against South Carolina municipality successfully halting city’s attempt to use illegal zoning changes to disrupt client’s business operations.
  • Prosecuted case against Virginia municipality successfully halting city’s attempt to use illegal zoning to disrupt client’s business operations.
  • Successfully defended South Carolina dry cleaning chain in lawsuit involving alleged violations of Federal Franchise Act as predicates for violations of the South Carolina Unfair Trade Practices Act.
  • Obtained summary judgment in favor of regional bank in case asserting damage claims approximating $3 Million Dollars.
  • Negotiated four consecutive walkaways in lawsuits brought against regional grocery chain by vendors respectively located in PA, AZ, IN, and SC. 

Illustrative Employment Litigation & Non–Compete Litigation

  • Defended and obtained defense verdict in precedential litigation involving severance and retirement benefits of public official.
  • Defended and successfully defeated bid for injunctive relief, non–compete claims, and assertion of trade secret claims against client, a successful manufacturer of epoxy, polyurea, and polymer coatings.
  • Defended national hotel chain in discrimination lawsuit filed by employee citing her pregnancy as motivating her termination from employment.
  • Defended contempt proceedings resulting from client’s violation of out–of–state judgment enforcing non–compete restrictions and negotiated resolution of same through a mutually beneficial requirements contract.

Litigation Involving Public Entities

  • Obtained defense verdict in favor of public official accused of public corruption charges, fraud, and breaches of fiduciary duty.
  • Defended and obtained highly favorable settlement on behalf of drug wholesaler sued by West Virginia Attorney General in “pill–mill” litigation and alleging damages for hundreds of millions of dollars.
  • Obtained defense verdict in favor of utility sued for damages exceeding $7 Million Dollars due to allegedly unconstitutional regulatory changes.
  • Obtained Federal District Court Order against South Carolina regulatory agency finding spoliation of evidence and awarding monetary and evidentiary sanctions.
  • Prosecuted and obtained highly favorable settlement favoring 200 indigent residents of South Carolina deprived of clean water by local government.
  • Prosecuted lawsuit on behalf of newspaper who sued state after presiding judge closed the courtroom during proceedings in highly publicized murder case. 
  • Defended attorneys from Solicitor’s Office (i.e., District Attorney) in Section 1983 action and successfully blocked efforts to discover opinion work product from prior prosecutions.
  • Obtained preliminary injunction on behalf of Solicitor’s Office against South Carolina gentlemen’s club for causing a public nuisance resulting from serial acts of prostitution.
  • Defended attorneys from Solicitor’s Office  in post–conviction relief proceedings brought by serial murderer and rapist.
  • Defended attempt by County to impose back taxes on client’s corporate jet and obtained dismissal of lawsuit and payment of client’s attorney’s fees.
  • Defended municipal police department in nationally publicized shooting case and obtained advantageous settlement.
  • Defended and obtained highly favorable settlement in favor of municipality sued of unconstitutional impairment of contract resulting in damages exceeding $10 Million Dollars.
  • Prosecuted lawsuit and successfully thwarted hostile take–over of service territory of two water utilities located in South Carolina’s low country.

Illustrative Product Liability & Wrongful Death Cases

  • Successfully eliminated liability in multiple fatality fire case involving product liability claims asserted against national retail chain.
  • Obtained summary judgment in favor of client accused of manufacturing defective, zinc coated crankshaft bolts allegedly resulting in a series of helicopter and plane crashes.
  • Conducted successful pre–litigation investigation into allegedly defective meat grinder causing the putative plaintiff to lose an arm.  As a result of investigation, client avoided being named

Illustrative Probate Cases & Will Contests

  • Defended and obtained highly favorable settlement in will contest alleging damage claims exceeding $5 Million Dollars as a result of alleged malfeasance.
  • Prosecuted case and recovered all monetary amounts and assets converted from incapacitated, elderly woman beneath a power of attorney.
  • Defended co–defendant in lawsuit alleging malfeasance against personal representative of Estate with assets approximating $40 Million Dollars.

Illustrative Miscellaneous Cases

  • Obtained defense verdict in federal lawsuit brought pursuant to the Hague Convention on the Civil Aspects of Child Abduction.
  • Obtained summary judgment favoring defendant in lawsuit alleging invasion of privacy claims with novel facts under South Carolina law.
  • Obtained settlement exceeding $1 Million Dollars in defective construction litigation.
  • Prosecuted and successfully obtained substantial recovery for a series of young children sexually abused at a franchised daycare center.

Previous Professional Experience

  • Worked with another leading South Carolina law firm
  • Served law clerkships at the United States Attorney's Office in Atlanta and with the Federal Trade Commission

Educational Activities

  • Emory University School of Law
    • Member, Honor Court Justice, Student Bar Association

Education

  • Emory University School of Law, JD (2000)
    • Recipient, Certificate of Excellence for Criminal Litigation
  • Boston College, BA, English and Philosophy, cum laude (1997)

Admissions

  • South Carolina
  • U.S. District Court for the District of South Carolina

Practice Areas

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.

  • South Carolina Defense Trial Attorneys Association
  • Greenville Bar Association, American Bar Association
  • Defense Research Institute
  • Haynsworth Perry Inn of Court
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