Murad Hussain | People | Arnold & Porter

Murad Hussain is a trial and appellate attorney who represents individuals and entities in all stages of government investigations, False Claims Act (FCA) and other complex civil litigation, criminal prosecutions, and internal compliance reviews. He defends life sciences innovators, healthcare providers, government contractors, and others facing allegations of healthcare fraud, procurement fraud, kickbacks and bribery, and regulatory non-compliance. He also advises multinational organizations and others on compliance with the Foreign Agents Registration Act (FARA) and related U.S. Department of Justice (DOJ) inquiries. Across his practice, Murad has successfully defended clients in federal criminal jury trials, won dismissals of FCA qui tam lawsuits, and secured declinations and no-fault settlements for individuals and entities under investigation by Main Justice, U.S. Attorney's Offices, the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), the Small Business Administration (SBA), other federal agencies, and state Attorneys General.

Murad has been recognized by Best Lawyers for FCA qui tam defense and white collar criminal defense, by The Legal 500 as a “Next Generation Partner” for healthcare and life sciences matters, and by the Outpatient Endovascular and Interventional Society (OEIS) as a “Distinguished Friend.” He serves on the firm's Pro Bono Committee, as the partner editor for the firm's Enforcement Edge blog, and as an Adjunct Professor of trial practice at the Georgetown University Law Center, and he was recently appointed by Virginia Supreme Court Chief Justice S. Bernard Goodwyn to serve on the faculty for the Virginia State Bar Harry L. Carrico Professionalism Course. Murad also regularly publishes and speaks on FCA, FARA, and data analytics-related enforcement matters.

Murad served as a law clerk to the Honorable Ellen Segal Huvelle of the U.S. District Court for the District of Columbia. He earned his law degree from Yale Law School, where he received the Potter Stewart Prize for best moot court team and the President's Public Service Fellowship. Before law school, he worked as a creative executive at a Hollywood studio-based production company.

Focus Areas

Experience

Pharmaceutical innovators, in winning dismissals of two False Claims Act qui tam suits concerning Plavix promotional activities, litigating related federal and state appeals, and securing nuisance-value settlements in parallel consumer protection litigation by state Attorneys General. U.S. ex rel. JKJ Partnership 2011 LLP v. Sanofi Aventis, U.S. LLC, et al., No. 3:11-CV-6476, 2021 WL 5002715 (D.N.J. Oct. 28, 2021), on remand from 974 F.3d 228 (3d Cir.), after certified question answered by 226 A.3d 1117 (Del. 2020), upon certification from 2019 WL 10271190 (3d Cir. 2019), on appeal from 315 F. Supp. 3d 817 (DNJ 2018); U.S. ex rel. Dickson v. Bristol-Myers Squibb Co., et al., 332 F. Supp. 3d 927 (D.N.J. 2017); West Virginia ex rel. Morrisey v. Bristol-Myers Co., et al., No. 12-C-266H (W. Va. Cir. Ct., Marshall Cty.); Hood ex rel. Mississippi v. Bristol-Myers Squib Co., et al., No. 2014-2124 (Miss. Ch. Ct., Chickasaw Cty.).
Biopharmaceutical company, in defending against a corporate relator's False Claims Act qui tam suit concerning nurse educator and reimbursement services. U.S. ex rel. CIMZNHCA LLC v. UCB Inc., 970 F.3d 835 (7th Cir. 2020) (ordering dismissal over relator's objections), rev'g No. 17-CV-765, 2019 WL 1598109 (S.D. Ill. Apr. 15, 2019).
Global healthcare company, in a DOJ investigation of Anti-Kickback Statute (AKS) and price reporting compliance by pharmacy benefit managers (PBMs).
Biopharmaceutical company, in conducting an internal review of Lacey Act compliance concerning research animal transactions.
Multinational pharmaceutical company, in counseling on U.S. customs compliance for imported products.

Pharmaceutical innovator, in defending against an antitrust class action based on allegations of sham patent infringement litigation.
Various life sciences companies, in bringing administrative litigation to challenge Medicare civil monetary penalty determinations and negotiating nuisance-value no-fault settlements.
Various medical device companies, in advising on Administrative Procedure Act litigation challenges to Medicare rulemaking and local coverage determinations.
Multiple pharmaceutical companies, in responding to third-party subpoenas in civil FCA qui tam litigation.
Pharmaceutical company, in advising on state anti-kickback laws related to consumer marketing.

Cardiology, vascular surgery, interventional radiology, dermatology, ophthalmology, and oncology practices, in defending against civil False Claims Act and criminal healthcare fraud investigations by Main Justice, HHS-OIG, and U.S. Attorney's Offices across the country, and related qui tam litigation.
Mohs surgeon, in winning a complete acquittal after a 5-week federal criminal jury trial in the Eastern District of Virginia, on charges of healthcare fraud and aggravated identity theft, following the government's related interlocutory appeal to the Fourth Circuit.
Multiple interventional cardiologists and practices, in winning the dismissal of multiple False Claims Act qui tam complaints in the Western District of Pennsylvania, concerning alleged violations of facility licensing provisions.
National hospital management company, in federal investigations, proceedings before the Judicial Panel on Multi-District Litigation, and multiple nationwide False Claims Act qui tam lawsuits alleging medically unnecessary services and violations of the Stark Law and Anti-Kickback Statute.
Surgeon, in defending against a U.S. Attorney's Office criminal healthcare fraud and Controlled Substances Act investigation and securing the declination of all healthcare-related charges.

National home health care and hospice provider, in negotiating a no-fault overpayment settlement with DOJ and securing the dismissal of multiple False Claims Act qui tam suits concerning laboratory and diagnostic testing in the U.S. District Courts for the Eastern Districts of Michigan, Western District of Michigan, and the Southern District of Ohio.
Surgeon, in a 7-week federal criminal jury trial in the Southern District of Florida on charges of Medicare fraud, and in the related appeal to the Eleventh Circuit.
Executive at a private equity-backed national healthcare services provider, in negotiating a nuisance-value no-fault settlement with DOJ and securing the dismissal of multiple False Claims Act qui tam suits.
Various healthcare providers and vendors, in investigations and prosecutions by the U.S. Attorney's Office for the District of New Jersey concerning genetic testing laboratories and alleged kickbacks.
Executive at a private equity-backed healthcare services organization, in a successfully resolved DOJ healthcare fraud investigation of the company's compliance with Medicaid credentialing and supervisory requirements.
Multi-state ophthalmology practice, in bringing a successful administrative challenge to reverse the deactivation of its Medicare enrollment.
Private equity investor, in counseling on the potential acquisition of a healthcare entity under DOJ investigation.
Surgical practice, in bringing a federal lawsuit and related Eleventh Circuit appeal challenging an administrative Medicare overpayment determination.
Specialty pharmacist, in administratively challenging exclusion from federal healthcare programs following a state misdemeanor conviction.
Various D.C., Maryland, and Virginia physicians and practices, in counseling on employment separation negotiations and litigation.

Professional services company, in successfully defending against an Army investigation of compliance with Small Business Administration Mentor-Protégé Program requirements; the matter was closed without any criminal charges, civil claims, or settlement.
Grant-funded researcher, in a congressional investigation regarding the origins of COVID-19.
Naval contractors, in defending against the federal government's False Claims Act suit, arguing for the FCA's non-extraterritoriality, and securing a no-fault dismissal. U.S. ex rel. Rudolph v. Inchcape Shipping Services Holdings Ltd., et al., No. 1:10-CV-1109 (D.D.C. June 11, 2018).
Law enforcement supplier, in responding to a DOJ and Small Business Administration investigation of eligibility for small-business set-asides, and securing a securing a no-fault False Claims Act settlement.
Federal procurement contractor, in winning dismissal of a False Claims Act qui tam suit alleging violations of the Trade Agreements Act. U.S. ex rel. Berkowitz v. Automation Aids, et al., 896 F.3d 834 (7th Cir. 2018), aff'g No. 13-CV-8185, 2017 WL 1036575 (N.D. Ill. Mar. 16, 2017).

Defense contractor, in obtaining dismissal of data breach class action lawsuits involving theft of data tape containing health care records.
Aviation supplier, in responding to a Department of Defense Inspector General subpoena.

Various international and U.S. businesses, non-profits, law firms, consulting firms, and think tanks, in advising on Foreign Agents Registration Act (FARA) and Lobbying Disclosure Act (LDA) compliance, and in responding to DOJ inquiries.
Public official, in successfully defending against a DOJ criminal FARA investigation; the matter was closed without any criminal charges, civil claims, or settlement.
Campaign contributor, in securing a mistrial after a 10-week criminal jury trial on bribery and related charges (where the jury deadlocked 10-2 for acquittal), and in successfully arguing for Rule 29 acquittal on all counts based on political contributions, leading to the dismissal of all remaining charges. U.S. v. Menendez, et al., 291 F. Supp. 3d 606, 623-35 (D.N.J. 2018).
International venture capital firm, in providing sanctions counseling regarding prospective transactions.
Multinational corporation, in counseling regarding FARA registration obligations for a publicity campaign.

Sovereign wealth fund, in advising on government inquiries about foreign investment in the United States.
Foreign state-owned bank, in counseling on the scope of FARA registration disclosures.
Donor-advised fund, in identifying best practices to promote FARA compliance.
Media technology vendor, in advising on FARA compliance concerning the provision of technical services to a foreign production company.
Lobbyist, in counseling on the scope of FARA obligations for state legislative and agency outreach on behalf of a foreign client.

Indigent criminal defendants, at trial and other proceedings in U.S. Attorney's Office prosecutions for murder and other violent crime in D.C. Superior Court.
Former FBI Deputy Director, in bringing his wrongful termination suit against DOJ and FBI under the First and Fifth Amendments, defeating the government's dispositive motion, see McCabe v. Barr, et al., 490 F. Supp. 3d 198 (D.D.C. 2020), winning a motion to compel discovery, and securing a settlement fully restoring the client's retirement status and benefits, with the Attorney General later telling Congress that DOJ settled “because of a likelihood of loss on the merits.”
Islamic society, in bringing federal suit against a county government under the Religious Land Use and Institutionalized Persons Act, alleging a discriminatory denial of a utilities permit; the permit was later granted pursuant to settlement. Islamic Center of Culpeper v. County of Culpeper, No. 3:17-CV-019 (W.D. Va.).
Elected prosecutor, in securing a writ of mandamus from the Supreme Court of Virginia holding that a trial court violated due process when disqualifying the entire prosecution from a criminal case over concerns about a plea agreement. In re: Buta Biberaj, Loudoun County Commonwealth's Attorney, Record No. 220343, 2022 WL 17590136 (Va. Dec. 8, 2022).
Individual who converted to Islam, in prosecuting his Title VII workplace discrimination suit and negotiating a pretrial settlement in the U.S. District Court for the Eastern District of Virginia.

Persons born in American Samoa, in bringing their federal lawsuit and appeal seeking the U.S. Department of State's recognition of their birthright citizenship under the Fourteenth Amendment. Tuaua v. U.S., 788 F.3d 300 (D.C. Cir. 2015).
Federal inmate, in bringing an Administrative Procedure Act and First Amendment suit against the Federal Bureau of Prisons in the U.S. District Court for the District of Columbia, alleging the unlawful prohibition of visits by his wife, and securing a settlement restoring his spousal visitation rights.
Grand jury witness, in an appeal challenging the use of search warrants to forcibly seize non-suspects' DNA samples. In re G.B., 139 A.3d 885 (D.C. 2016).
Advocacy organization, as a non-party witness in a suit against the Internal Revenue Service for unlawful disclosure of confidential tax information in the U.S. District Court for the Eastern District of Virginia.
U.S. citizen and former asylee, in a U.S. Department of State naturalization investigation.
Advocacy organization, in bringing Freedom of Information Act litigation against DOJ in the U.S. District Court for the District of Columbia, and negotiating the release of documents sought.
Former federal employee, in prosecuting his disability discrimination suit against a federal agency and negotiating a favorable pretrial settlement in the U.S. District Court for the District of Columbia.

The Supreme Court of Virginia invites Murad Hussain to serve on the faculty of the Virginia State Bar Harry L. Carrico Professionalism Course

Perspectives

November 1, 2024

Seeing What Isn’t There: Washington Lawyer Features Murad Hussain’s Analysis of Biases in the Legal Field

Washington Lawyer

October 29, 2024

Fireside Chat: Corporate Enforcement and Voluntary Self-Disclosure in the Health Care Industry (Advanced)

Moderator, American Health Law Association – Fraud and Compliance Forum

October 4, 2024

The Next Step in DOJ’s Strategy to Enlist Companies to Fight Corporate Crime: Updates to the Evaluation of Corporate Compliance Programs

Enforcement Edge: Shining Light on Government Enforcement

September 20, 2024

Fourth Circuit Clarifies (c)(2)(A)’s “Hearing” Requirement in U.S. ex rel. Doe v. Credit Suisse AG

Qui Notes: Unlocking the False Claims Act

September 18, 2024

Whistling the Same Tune: Six U.S. Attorney’s Offices Join SDNY and NDCA in Launching Their Own Whistleblower Non-Prosecution Pilot Programs

Enforcement Edge: Shining Light on Government Enforcement

More

Recognition

Best Lawyers

Qui Tam Law (Washington, D.C.) (2021-2025)
Criminal Defense: White Collar (Washington, D.C.) (2023)

The Legal 500 US

"Next Generation Partner" Healthcare: Life Sciences (2020-2023)
Healthcare: Life Sciences (2021-2022)
Healthcare: Service Providers (2021)

Washington, DC Super Lawyers

"Rising Star"—Criminal Defense: White Collar; Government Contracts; Health Care; Civil Litigation: Defense (2014–2017)

Credentials

Education

J.D., Yale Law School
A.B., Harvard College, magna cum laude

Admissions

District of Columbia
California
Virginia
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court, District of Columbia
U.S. District Court, Central District of California
U.S. District Court, Eastern District of Virginia

Clerkships

U.S. District Court, District of Columbia, The Honorable Ellen Segal Huvelle