Michael Loucks is an experienced trial and appellate attorney whose practice focuses on internal investigations and government enforcement matters in the United States and abroad, and on false claims act litigation in federal and state courts.
Prior to joining Skadden in 2010, Mr. Loucks had most recently served as acting U.S. attorney and first assistant U.S. attorney for the District of Massachusetts. During his career, Mr. Loucks has participated in more than 30 noteworthy federal and state jury and bench trials, the vast majority as lead counsel, including those involving:
- business executives in public and private companies accused of commercial bribery and fraud;
- corporate executives in pharmaceutical and medical device companies accused of paying kickbacks to health care professionals and engaging in off-label marketing;
- health care professionals accused of receiving kickbacks, committing billing fraud and participating in fraud in connection with clinical trials;
- physicians and a major health care insurer in a Sherman Act monopolization case; and
- terrorists accused of bombings, bank robberies, murder and attempted murder throughout the Eastern United States.
Since joining Skadden in 2010, Mr. Loucks’ practice has focused on representing companies in government criminal investigations, in False Claims Act and other civil litigation, in regulatory matters with the Food and Drug Administration and the Office of Inspector General, and in Foreign Corrupt Practices Act investigations.
He has represented companies and individuals around the world from a wide variety of industries, including health care, pharmaceutical and biotech, medical devices, energy and natural gas, transportation and shipping, private equity, publishing and insurance, among others.
He has advised on corruption and prosecution matters in Latin America, Europe and Asia, and has represented clients under U.S. federal and state investigations in numerous jurisdictions.
His government investigations work has involved off-label promotion and anti-kickback issues; best price and average sales price reporting issues; numerous Medicare issues, including billing, secondary payer and Part C risk adjustment payment system matters; data submissions to the Center for Medicare and Medicaid Services; consumer fraud issues; HIPAA data breaches and violations; alleged violations of the Clean Air Act; and FCPA issues in a variety of industries.
Before serving as acting U.S. attorney for the District of Massachusetts, Mr. Loucks had a long history in the Massachusetts U.S. Attorney’s Office. He was first assistant U.S. attorney (2005-2009); white collar crime section chief (2005); health care fraud unit chief (1997-2004); and health care fraud coordinator (1992-2004), where he established the office’s health care fraud practice and was involved in major prosecutions, including those involving pharmaceutical and medical devices.
He was a nationally recognized health care fraud prosecutor, handling many of the department’s most high-profile health care fraud prosecutions of the past two decades. He joined the U.S. Attorney’s Office in 1985, after five years in private practice.
Mr. Loucks speaks frequently worldwide at seminars and symposia on prosecutions, corporate compliance and litigation-related issues associated with the health care, pharmaceutical and medical devices sectors.
He has lectured and taught classes at numerous law schools, including Harvard Law School, on presentation of trials, use of expert witness testimony and effective cross examination. He also writes extensively on health care topics and is the co-author of Prosecuting and Defending Health Care Cases, the leading treatise in the area.
- J.D., University of Virginia School of Law, 1980
- B.A., Harvard College, 1977 (magna cum laude)
Admissions : Massachusetts
- Vice Chair, ABA Health Law Section’s Litigation and Risk Management Interest Group
- Board of Editors, Boston Bar Journal (2007-2010)
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