David Fischer represents and defends companies in criminal and civil investigations and litigation. His practice focuses on False Claims Act investigations, litigation and trials and includes advising and advocating for clients in a range of industries—including healthcare, financial services, government contracting, and information technology—who are facing (or seeking to avoid) scrutiny from law enforcement or regulatory authorities.
For over two decades, David has represented individuals and companies in complex commercial litigation and government and regulatory investigations. He is a seasoned litigator, representing clients in federal and state courts, as well as in arbitrations, at all phases of civil enforcement litigation and complex commercial disputes—from e-discovery and motions practice through trial and on appeal. While David’s practice focuses on cases involving allegations of fraud in the government contracting and health care industries brought under the federal False Claims Act and state false claims laws, it extends to a broad range of both white-collar criminal and complex civil litigation matters. Most recently, after a four-week trial, David achieved a favorable result in a False Claims Act case brought by the Department of Justice against a Fortune 100 company when the government was awarded only approximately $50 million (approximately 5%) of the $1.6 billion the government sought.
To minimize clients’ risk and prevent disputes before they arise, David advises on whistleblower-related risks and conducts in-house compliance reviews to train employers. He also conducts internal whistleblower investigations and counsels clients seeking to develop and implement cost-effective and practical compliance and risk management programs. A unique aspect of his practice is counseling companies negotiating acquisitions or investments that are confronted with FCA investigations.