Caitlin Bair, Managing Partner of O’Melveny’s San Francisco office, represents managed care, biologics, pharmaceutical, and medical device clients in False Claims Act litigation, responses to high-stakes government enforcement inquiries and audits, and internal investigations. Caitlin also counsels clients on matters involving Medicare regulations, the Anti-Kickback Statute, and compliance program requirements.
- Obtained first-ever declination of criminal health care fraud charges under the US Department of Justice’s Corporate Enforcement Policy for a managed care organization in a case involving alleged Medicare risk adjustment fraud.
- Defending a national managed care organization in False Claims Act litigation with the US Department of Justice and qui tam relators into compliance with Medicare Advantage regulations, including allegations related to inflated premiums resulting from inaccurate risk-adjustment submissions.
- Defended an international biotechnology manufacturer in a qui tam False Claims Act investigation into kickback and off-label allegations (the US Department of Justice declined to intervene and the qui tam relator dismissed the case with prejudice).
- Representing managed care organizations in responding to Civil Investigative Demands and related investigations by the US Department of Justice and US Attorneys’ Offices.
- Advising managed care organizations on compliance program requirements, Medicare regulations, and other laws.
- Counseling managed care organizations in connection with audits by the Centers for Medicare & Medicaid Services and the Office of Inspector General of the United States Department of Health and Human Services.
- Represented managed care organization in responding to US congressional and state regulator inquiries into the use of algorithms and automated decision systems in the provision of health care services.
- Advised managed care organization on regulatory and enforcement risks related to acquired clinics.
- Represented managed care organization in False Claims Act litigation relating to in-home assessments.
- Defended medical device manufacturer against allegations of consumer protection act violations brought by state Attorneys General.
- Represented audit committee of multinational energy company in internal investigation into shareholder False Claims Act allegations.
- Defended major technology company against consumer fraud class actions involving smartphones.
Languages
- Spanish
Admissions
Bar Admissions
- California
- Indiana
Court Admissions
- US Court of Appeals, Ninth Circuit
- US District Court, Central and Northern Districts of California
Education
- University of Michigan, J.D., cum laude; Articles Editor, Michigan Law Review; Finalist, Henry M. Campbell Moot Court Competition; Recipient, Irving Stenn, Jr., Award
- Yale University, B.A., History, honors
Honors & Awards
- Recommended by The Legal 500 US for Healthcare: Health Insurers (2022-2023)
- Named to the 40 & Under Hot List in Health Care & White Collar Crime by Benchmark Litigation (2018-2020)
Professional Activities
Clerkships
- Honorable Ronald M. Gould, US Court of Appeals, Ninth Circuit
Co-Author
- “Is Sorrell the Death Knell for FDA’s Off-Label Marketing Restrictions?” Journal of Health & Life Sciences Law (Feb. 2012)
Related Practices
Related Industries