Lamb_Kevin

Kevin Lamb

Lamb_Kevin

Kevin Lamb

Partner

Washington DC + 1 202 663 6249

Kevin Lamb is a partner in the firm’s Government & Regulatory Litigation and Appellate & Supreme Court Litigation practice groups. His practice centers on defending healthcare companies in government investigations and enforcement actions. He also maintains a robust administrative law and constitutional litigation practice, representing a wide variety of clients in challenges to federal and state regulation.

Mr. Lamb has cross-cutting experience in the healthcare sector from representing professional and industry trade associations, managed care companies, large hospital systems, pharmacies, pharmacy benefit managers, provider groups, pharmaceutical manufacturers, and others. In particular, he represents clients in high-stakes False Claims Act (FCA) investigations and litigation and has negotiated favorable settlements for large healthcare clients with the government and private whistleblowers.  He also assists clients in responding to inquiries from federal and state regulators, as well as in agency audits and other administrative proceedings.  And he frequently oversees internal investigations and counsels clients on regulatory compliance and legal risk under the FCA, the Anti-Kickback Statute, and other federal and state healthcare laws.

In addition to his healthcare work, Mr. Lamb helps clients across industries challenge agency actions under the Administrative Procedure Act (APA) and state equivalents and seek to block enforcement of federal and state laws on First Amendment, Commerce Clause, equal protection, due process, preemption, and other federal and state constitutional grounds. He has litigated against the US Departments of Defense, Labor, the Interior, and Health and Human Services, as well as the Federal Trade Commission, the Food and Drug Administration, the Centers for Medicare and Medicaid Services, and state pharmacy boards, among other federal and state agencies.  His APA practice includes advising clients on how to navigate the administrative process, preserve legal challenges, and develop the strongest evidentiary record to support their positions in potential future litigation.

Mr. Lamb is also a member of the firm’s Native American law, higher education, and insurance practices. He has represented tribal governments in various contexts, including in matters involving land-into-trust submissions to Interior, tribal-state gaming compacts, state gaming regulations, intertribal loan disputes, Indian self-determination contracts, and treaty rights. He has represented higher education clients in First Amendment challenges to their decisions regarding outside speakers and has advised universities and colleges on outside speaker policies, compliance with federal and state anti-discrimination laws, certifications related to federal funding awards, and other issues.  And he has represented insurers and financial services providers and trade associations in connection with Employment Retirement Insurance Security Act (ERISA) litigation and Labor Department regulations. He has also represented a broad array of clients in complex commercial litigation and class actions, including matters involving mass arbitrations.

As part of his appellate practice, Mr. Lamb regularly handles matters before the US Supreme Court, state supreme courts, and federal courts of appeals in diverse subject matters, ranging from administrative and constitutional law to ERISA, insurance law, healthcare law, the FCA, and Native American law. He also maintains an active pro bono practice focused on LGBT rights and constitutional litigation. 

Active in the broader legal community, Mr. Lamb speaks on FCA enforcement, healthcare fraud, and administrative law topics and is a member of the American Health Law Association and the Federal Bar Association. 

Experience

  • False Claims Act

    • Achieved a favorable settlement of multiple high-stakes FCA investigations and qui tam litigation for a global health insurer, including negotiating a first-of-its-kind corporate integrity agreement for a large diversified managed care company.
    • Defended a health insurer in a government investigation of provider upcoding, obtaining dismissal of the insurer from a qui tam action alleging that the insurer incentivized provider upcoding through risk-sharing arrangements and performance metrics and colluded with the provider in improper referral and billing practices.
    • Obtained a favorable settlement for a state hospital system covering more than a dozen acute-care hospitals of a qui tam action and government investigation into allegations that hospitals were improperly billing Medicare, Medicaid, and TRICARE. 

  • Administrative Procedure Act and Constitutional Litigation

    • Obtained emergency injunctive relief for a pharmacy benefit manager and affiliated pharmacies in a dormant Commerce Clause and federal preemption action challenging an Arkansas law requiring the divestment of the affiliated pharmacy business.
    • Represent national mail-order and specialty pharmacies in a state APA action seeking to enjoin enforcement of a Missippi board of pharmacy policy purporting to prohibit shared services by affiliated pharmacies.
    • Represent a health plan industry trade association as an amicus in an APA challenge to a CMS rule regarding the agency’s audit extrapolation methodology under the Medicare Advantage program.
    • Represented several life insurance and financial services trade associations in successful APA litigation challenging the Fiduciary Rule promulgated by the Department of Labor, resulting in vacatur of the Rule.
    • Represented several public health groups in successfully challenging an FDA action significantly delaying premarket review of e-cigarettes and vaping products.
     

Recognition

  • Selected for inclusion in Best Lawyers: Ones to Watch for his administrative and regulatory law practice in 2023 and 2024

Insights & News

View all of Kevin's insights & news

Credentials

  • Education

    • JD, Yale Law School

      Editor-in-Chief, Yale Journal of Law & the Humanities

    • PhD, English, Cornell University

    • BA, Mathematics, Russian and Plan II Liberal Arts, University of Texas

      Highest Honors with Special Honors in Plan II Phi Beta Kappa

  • Admissions

    • District of Columbia

    • Connecticut

    • US Supreme Court

    • US Court of Appeals for the Federal Circuit

    • US Court of Appeals for the Second Circuit

    • US Court of Appeals for the Fifth Circuit

    • US Court of Appeals for the Sixth Circuit

    • US Court of Appeals for the Eighth Circuit

    • US Court of Appeals for the Ninth Circuit

    • US Court of Appeals for the Eleventh Circuit

    • US Court of Appeals for the District of Columbia Circuit

    • US District Court for the District of Columbia

    • US District Court for the District of Connecticut

    • US District Court for the District of Maryland

    • US District Court for the Southern District of New York

    • US District Court for the Western District of Michigan

  • Clerkships

    • The Hon. Guido Calabresi, US Court of Appeals for the Second Circuit

    • The Hon. Janet C. Hall, US District Court for the District of Connecticut

Credentials

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