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					                      Robert T. Rhoad




                                                         Practice Areas
              Robert T. Rhoad                             Health Care
              Partner                                     Government Contracts
                                                          False Claims
              rrhoad@crowell.com                          False Claims/Qui Tam
                                                          Antitrust
              Washington                                  Complex Litigation
              1001 Pennsylvania Avenue, N.W.              Class Actions
              Washington, DC 20004-2595                   Plaintiff's Recovery
              Phone: 202.624.2545                         Trial Practice
              Fax: 202.628.5116                           White Collar &
                                                           Regulatory Enforcement
                                                          Medical Devices
                                                          Pharmaceutical Industry
                                                          Health Care Litigation
                                                          Health Care Fraud &
                                                           Abuse
                                                          Compliance Training &
                                                           Development
                                                          Antitrust & Trade
                                                           Regulation




Robert Rhoad is a partner resident in the Washington, D.C. office of Crowell
& Moring LLP and is active in the firm's Health Care, Government Contracts,
White Collar Crime, and Antitrust groups. Mr. Rhoad is Co-Leader of both the
firm's Government Procurement Fraud/False Claims Act and Health Care
Litigation Teams. His primary area of specialization is complex litigation
involving the federal False Claims Act, state false claims laws, fraud and
abuse matters, and criminal and civil government enforcement actions
initiated by qui tam relators (“whistleblowers”) and/or brought by federal and
state governmental authorities. Mr. Rhoad has a proven track record of
successfully representing both health care entities and government
contractors in such cases, including several high-profile cases involving
industry-wide ramifications. In addition, Mr. Rhoad has significant experience
in the successful representation of health care industry clients as plaintiffs in
affirmative litigation to recover damages suffered due to antitrust violations
and other anticompetitive conduct, as well as the fraudulent marketing and
sales of defective pharmaceuticals and medical devices by manufacturers. His
recoveries for clients in such cases to date range in the hundreds of millions
of dollars.

Prior to entering private practice in 1999, Mr. Rhoad served for nearly 6 years
as an attorney/officer in Navy Judge Advocate General's ("JAG") Corps in
successive assignments as Prosecutor, Defense Counsel, and Civil Litigation
Attorney. As both a Prosecutor and Defense Counsel, Mr. Rhoad gained
significant trial experience as lead counsel in numerous felony cases involving



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complex fraud issues. As a Civil Litigation Attorney, Mr. Rhoad served as lead
agency counsel for the Department of the Navy working with U.S. Attorney
Offices throughout the country in the litigation and trial of cases on behalf of
the Department of the Navy. He attained the rank of Lieutenant Commander
and received numerous awards and commendations for his service as a Navy
Judge Advocate and with the federal government. In addition, since 2002, Mr.
Rhoad has taught and currently teaches litigation and trial courses as an
Adjunct Professor at The George Washington University Law School.

False Claims Act/Qui Tam Matters:

     U.S. ex rel. Robert Purcell v. Moving Water Industries, Inc., et
      al., Case No. 1:98-CV-02088 (D.D.C.). Lead Defense Counsel for
      Moving Water Industries, Inc. ("MWI") in a qui tam action under the
      False Claims Act alleging fraud by MWI related to submissions to the
      Export-Import Bank of the U.S. ("Ex-Im") on projects funded by Ex-Im
      guaranteed loans issued to several Nigerian states for their purchase of
      pumping equipment manufactured and installed by MWI. Cross-motions
      for summary judgment and a motion to dismiss the qui tam Relator are
      currently pending.
     U.S. ex rel. Patricia Howard v. USA Environmental, Inc., Case No.
      8:06-CV-00027 (M.D. Fla.); Patricia Howard v. USA
      Environmental, Inc., Case No. 09-11866 (11th Cir.). Lead
      Defense/Appellate Counsel for USA Environmental, Inc. ("USAE") in qui
      tam action under the False Claims Act alleging fraud by USAE in
      conjunction with contract USAE had with the U.S. Army to dispose of
      unexploded ordinance in Iraq and retaliation. The Government did not
      intervene. All fraud claims were dismissed with prejudice upon USAE's
      motion to dismiss. Amended complaint was then filed on retaliation
      claim and it was dismissed with prejudice upon USAE's renewed motion
      to dismiss. Judgment entered in favor of USAE and against the Relator
      on all claims alleged. Affirmed by 11th Circuit on appeal. See U.S. ex
      rel. Patricia Howard v. USA Environmental, Inc., 2009 WL 113444 (M.D.
      Fla.) (dismissing FCA fraud claims with prejudice and FCA retaliation
      claim without prejudice); U.S. ex rel. Patricia Howard v. USA
      Environmental, Inc., 2009 WL 652433 (M.D. Fla.) (dismissing FCA
      retaliation claim and entire case with prejudice).
     U.S. ex rel. DRC, Inc. et al. v. Custer Battles, LLC, et al. , Case
      No. 1:04-CV-00199 (E.D. Va.); U.S. ex rel. DRC, Inc. et al. v.
      Custer Battles, LLC, et al., Case No. 07-1220 (4th Cir.). Lead
      Defense/Appellate Counsel for Custer Battles Defendants (i.e., Custer
      Battles LLC and its affiliated companies and principles) in qui tam action
      under the False Claims Act alleging fraud in conjunction with two
      contracts Custer Battles, LLC had with the Coalition Provisional
      Authority ("CPA") in Iraq to provide security support services for the
      Baghdad International Airport ("BIAP Contract") and support services
      for the Iraqi Currency Exchange Program ("ICE Contract"). Summary


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  judgment was granted in favor of the Custer Battles Defendants on all
  of the False Claims Act fraud claims regarding the BIAP Contract.
  Judgment as a matter of law was granted in favor of Custer Battles
  Defendants on all of the False Claims Act fraud claims regarding the ICE
  Contract following the relators' presentation of evidence during their
  case-in-chief at a month-long trial. The Government did not intervene in
  the District Court proceedings, but did file a brief and present argument
  as amicus curiae on appeal to the 4th Circuit. On appeal, the judgment
  on the BIAP Contract claims was affirmed and the judgment on the ICE
  Contract claims was reversed and remanded for further proceedings.
  SeeU.S. ex rel. DRC, Inc., et al. v. Custer Battles, LLC, et al., 376
  F.Supp.2d 617 (E.D. Va. 2005) (granting in part and denying in part
  summary judgment); U.S. ex rel. DRC, Inc., et al. v. Custer Battles,
  LLC, et al., 444 F.Supp.2d 678 (E.D. Va. 2006) (judgment as a matter
  of law and dismissal of ICE Contract claims); U.S. ex rel. DRC, Inc., et
  al. v. Custer Battles, LLC, et al., 472 F.Supp.2d 787 (E.D. Va. 2007)
  (summary judgment on and dismissal of BIAP Contract claims); U.S. ex
  rel. DRC, Inc., et al. v. Custer Battles, LLC, et al., 562 F.3d 295 (4th
  Cir. 2009).
 U.S. v. John B. Torkelsen, et al., Case No.2:06-CV-05674 (E.D.
  Pa.). Lead Defense Counsel for individuals, Dr. Propper and Mr.
  Beharry, in False Claim Act case alleging fraud under the U.S. Small
  Business Administration's Small Business Investment Company ("SBIC")
  Program. The False Claims Act action was brought in conjunction with
  separate receivorship and tort actions against these and other
  defendants. Following litigation, the False Claims Act claims were
  resolved successfully as part of a global resolution of all pending
  actions, including the receivership action for which judgment had
  previously been entered.
 U.S. ex rel. Rory Mayberry, et al. v. Custer Battles, LLC, et al.,
  Case No. (E.D. Va.). Consulting Counsel for Custer Battles, LLC (and
  its affiliated companies and principles) in qui tam action under the False
  Claims Act alleging fraud and improper transfer by Custer Battles, LLC
  of its contracts with the Coalitional Provisional Authority ("CPA") in Iraq
  and Iraq assets to an alleged "sham" successor entity to evade the
  effect of a Government suspension order. The Government did not
  intervene in the case. While summary judgment motions were pending,
  the case was dismissed and Relator Mayberry and his counsel were
  admonished and sanctioned for egregious discovery violations. Appeal
  to the 4 th Circuit and motions by Defendants to recover attorneys' fees
  and costs remain pending.
 U.S. ex rel. Bradford Hunt, et al. v. Merck-Medco Managed Care,
  LLC, et al., Case No. 00-cv-737 (E.D. Pa.). Plaintiffs'/Relators'
  Counsel in qui tam action under the False Claims Act alleging fraud by a
  national pharmacy benefit management company ("PBM") related to
  services performed for federal health plans. The Government intervened
  in the case, which was litigated aggressively for several years, and



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  which was settled for approximately $185 million just prior to summary
  judgment/trial. It is one of the largest False Claims Act settlements and
  was the largest civil settlement in Pennsylvania in 2006-2007. See U.S.
  ex rel. Hunt, et al. v. Merck- Medco Managed Care, LLC, et al. , 336 F.
  Supp. 2d 430 (E.D. Pa., 2004); U.S. ex rel. Hunt, et al. v. Merck- Medco
  Managed Care, LLC, et al., 340 F. Supp. 2d 554 (E.D. Pa. 2004); U.S.
  ex rel. Hunt, et al. v. Merck- Medco Managed Care, LLC, et al., 223
  F.R.D. 330 (E.D. Pa. 2004).
 U.S. ex rel. _____ v. _____, (under seal) (D. Mass.). Defense
  Counsel for a large, national health managed care organization in
  (criminal and civil) False Claims Act case involving allegations of fraud
  and conspiracy related to agreements with several pharmaceutical
  manufacturers to purportedly circumvent provisions under the Medicaid
  "Best Price" statute. Although several other subjects of the
  Government's investigation eventually entered criminal pleas and/or
  reached multi-million dollar civil settlements with the Government
  (involving Corporate Integrity Agreements), our client, which was
  originally central to the Government's investigation, was completely
  vindicated and was neither indicted nor entered into a civil settlement
  with the Government as a result of our effective advocacy during the
  investigation stage of the case.
 U.S. ex rel. _____ v. _____, (under seal) (S.D. Ohio). Defense
  Counsel for national durable medical equipment ("DME")
  manufacturer/supplier in qui tam action brought under the False Claims
  Act alleging fraud related to certifications made in conjunction with
  sales of medical equipment through federal programs. The Government
  did not intervene and the case was dismissed as a result of our effective
  advocacy during the investigation stage of the case.
 U.S. ex rel. _____ v. _____, (under seal) (S.D. Ohio). Defense
  Counsel for national manufacturer of armored vehicles/Defense
  contractor in qui tam action brought under the False Claims Act alleging
  fraud related to certifications made in conjunction with armored vehicles
  manufactured under contract with the Army. The Government did not
  intervene and the case was dismissed as a result of our effective
  advocacy during the investigation stage of the case.
 U.S. v. Valenzuela Engineering, Inc., (E.D. Cal.). Defense Counsel
  for national engineering and construction firm in (criminal and civil)
  False Claims Act case alleging various acts of fraud related to contracts
  with the Air Force and U.S. Army Corps of Engineers. Our client, which
  was originally central to the Government's investigation, was completely
  vindicated and was neither indicted nor entered into a civil settlement
  with the Government.
 U.S. ex rel: _____ v. _____, (under seal) (D.D.C.). Defense
  Counsel for large, non-profit humanitarian relief organization/NGO in
  qui tam action brought under the False Claims Act alleging fraud in
  conjunction with contracts with the U.S. Agency for International
  Development to support various agri-business programs in eastern


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      Europe. The Government did not intervene and the case was dismissed
      as a result of our effective advocacy during the investigation stage of
      the case.
     U.S. v. Powell, et al., Case No. 00cr0054-02 (D.D.C.). Defense
      Counsel for alleged co-conspirator in criminal case involving various
      fraud allegations related to contracting activities in conjunction with the
      sale of computer equipment to the Government through contracts with
      the National Aeronautics and Space Administration ("NASA"). As a
      result of our efforts, our client not indicted and the Government
      declined to pursue criminal prosecution or civil settlement.

Health Care/Antitrust & Other Affirmative Recovery Matters:

     Health Care Services Corp, Inc., et al. v. Mylan Pharmaceuticals,
      Inc., et al., Case No. 01-2646 (MDL Docket No. 1290, Misc. No.
      99-ms-276) (D.D.C.) and Health Care Services Corp, Inc., et al. v.
      Mylan Pharmaceuticals, Inc., et al., Case Nos. 08-5044, 08-5045
      (D.C. Cir.), (consolidated under the MDL captioned as In re Lorazepam
      & Clorazepate Antitrust Litig., MDL Docket No. 1290, Misc. No. 99-ms-
      276) (D.D.C.)). Plaintiff's and Lead Appellate Counsel for Plaintiff-
      Appellee, Health Care Services Corp. and its operating divisions of Blue
      Cross Blue Shield of Illinois, Blue Cross Blue Shield of Texas, and Blue
      Cross Blue Shield of New Mexico ("HCSC"). The pending appeal before
      the D.C. Circuit involves efforts to affirm a jury verdict won on behalf of
      HCSC for all claims (primarily antitrust claims brought under the Illinois
      Antitrust Act) and damages for the recovery of overpayments due to
      Defendants' anticompetitive conduct in the markets for lorazepam
      (generic equivalent of Ativan®) and clorazepate (generic equivalent of
      Tranxene®). After HCSC elected to opt-out of an underlying class
      litigation/settlement, and after several additional years of litigation, the
      case was tried to verdict in a month-long jury trial. The jury returned a
      verdict for HCSC on all claims and for all damages alleged. It was the
      first and – to this day –the only indirect purchaser/third-party payor
      case involving the pharmaceutical industry actually tried to verdict.
      Following verdict, the damages award for Plaintiffs was trebled and
      enhanced by the Court and currently amounts to nearly $80 million
      (over twice the amount of the nationwide class settlement). Motions for
      interest and attorneys' fees and costs are pending.
     In re: Plavix Direct Purchaser Antitrust Litigation , Case No.
      1:06-cv-00202 (MHW) (S.D. Ohio) and In re: Plavix Indirect
      Purchaser Antitrust Litigation, Case No. 1:06-cv-00226 (MHW)
      (S.D. Ohio). Lead Counsel for Plaintiff class members Kaiser
      Foundation Health Plan, Inc. and Kaiser Foundation Hospitals as both
      direct purchasers and indirect purchasers in conjunction with complex
      antitrust litigation against Bristol-Myers Squibb Co., Sanofi-Aventis,
      Sanofi-Synthelabo, Inc., Sanofi-Aventis U.S. L.L.C., Bristol-Myers
      Squibb Sanofi Pharmaceutical Holding Partnership, and Apotex


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  Corporation seeking recovery of overpayments due to Defendants'
  alleged anticompetitive conduct in the market for clopidogrel bisulfate
  tablets (including Plavix®). Dispositive motions are pending.
 In re: Vioxx Marketing Fraud Litigation, (619-TPP) (N.J. Sup. Ct.
  - Atlantic County Division). Lead Plaintiff's counsel for Excellus
  Health Plan, Inc., Blue Cross Blue Shield of Minnesota, Blue Cross, Blue
  Shield of Nebraska, and Blue Cross of Idaho in, respectively, individual
  actions captioned as: Excellus Health Plan, Inc., et al. v. Merck, Inc.,
  Case No. L-4354-08 (N.J. Sup. Ct. - Atlantic County Division), Blue
  Cross Blue Shield of Minnesota, et al. v. Merck, Inc., Case No. L-4355-
  08 (N.J. Sup. Ct. - Atlantic County Division), Blue Cross and Blue Shield
  of Nebraska, et al. v. Merck, Inc., Case No. L-4356-08 (N.J. Sup. Ct. -
  Atlantic County Division), and Blue Cross of Idaho Health Service, Inc.
  v. Merck, Inc., Case No. L-3019-09 (N.J. Sup. Ct. - Atlantic County
  Division). These actions sought recovery of overpayments for the
  prescription drug Vioxx® based on state statutory and common law
  claims due to alleged marketing fraud. After intensive litigation,
  including discovery and dispositive motions, successful settlements
  were achieved.
 In re: Vioxx Products Liability Litigation, Case No. MDL 1657
  (E.D. La.). Individual Plaintiffs' Counsel for group of health
  insurers/third party payors seeking subrogation recovery against
  proceeds to be paid from $4.85 billion settlement to claimants who
  were members of and received health benefits for the treatment of
  Vioxx-related conditions. After litigating on our clients' behalf, a
  settlement was achieved through which a lien resolution program was
  established to allow for the efficient and effective subrogation recovery
  by health insurers/third party payors through the underlying
  settlement.
 In re: Oxycontin Antitrust Litigation, Case No. 1:04-md-01603
  (SHS) (S.D.N.Y.). Lead Counsel for Plaintiff class members Kaiser
  Foundation Health Plan, Inc. and Kaiser Foundation Hospitals as both
  direct purchasers and indirect purchasers in conjunction with complex
  antitrust litigation against Purdue Pharma L.P seeking recovery of
  overpayments made by Kaiser due to alleged anticompetitive conduct in
  the market for OxyContin® and its generic equivalents. After extensive
  litigation, settlements have been reached in principle and are pending.
 U.S. ex rel. Bradford Hunt, et al. v. Merck-Medco Managed Care,
  LLC, et al., Case No. 00-cv-737 (E.D. Pa.). Plaintiffs'/Relators'
  Counsel in qui tam action under the False Claims Act alleging fraud by a
  national pharmacy benefit management company ("PBM") related to
  services performed for federal health plans. The Government intervened
  in the case, which was litigated aggressively for several years, and
  which was settled for approximately $185 million just prior to summary
  judgment/trial. It is one of the largest False Claims Act settlements and
  was the largest civil settlement in Pennsylvania in 2006-2007. See U.S.
  ex rel. Hunt, et al. v. Merck- Medco Managed Care, LLC, et al. , 336 F.



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                 Robert T. Rhoad


  Supp. 2d 430 (E.D. Pa., 2004); U.S. ex rel. Hunt, et al. v. Merck- Medco
  Managed Care, LLC, et al., 340 F. Supp. 2d 554 (E.D. Pa. 2004); U.S.
  ex rel. Hunt, et al. v. Merck- Medco Managed Care, LLC, et al., 223
  F.R.D. 330 (E.D. Pa. 2004).
 In re: Buspirone Antitrust Litigation, MDL No. 1413 (S.D.N.Y.) .
  Lead Counsel for Plaintiff class members Kaiser Foundation Health Plan,
  Inc. and Kaiser Foundation Hospitals as both direct purchasers and
  indirect purchasers in conjunction with complex antitrust litigation
  against Bristol-Myers Squibb ("BMS"), Danbury Pharmacal, Inc., Watson
  Pharmaceuticals, Inc., and Watson Pharma, Inc. It was alleged that
  BMS unlawfully impaired the ability of generic manufacturers from
  entering the buspirone market to compete with its buspirone product
  sold under the brand name BuSpar®. The case settled following
  dispositive motions, with direct purchaser/payors receiving
  approximately $220 million and indirect purchaser/health plans and
  payors receiving approximately $90 million. Kaiser received millions of
  dollars through these settlements and its recovery, net of attorneys'
  fees, was in excess of 100% of its overpayments. Kaiser also received
  an award of attorneys' fees and costs through the direct purchaser class
  settlement.
 Oncology & Radiation Associates, P.A. v. Bristol Myers Squibb
  Co., et al., Case No. 1:01-cv-02313 (D.D.C.). Lead Counsel for
  Plaintiff class members Kaiser Foundation Health Plan, Inc. and Kaiser
  Foundation Hospitals as both direct purchasers and indirect purchasers
  in conjunction with complex antitrust litigation against Bristol-Myers
  Squibb ("BMS") and American BioScience, Inc. It was alleged that BMS
  unlawfully monopolized the U.S. market for paclitaxel, a cancer drug
  discovered and developed by the United States Government, which BMS
  sold under the brand name Taxol®. BMS' scheme included a conspiracy
  with American BioScience, Inc., a generic manufacturer, to block
  generic competition. The case settled following dispositive motions for
  more than $65 million. Kaiser received millions of dollars through this
  settlement.
 Blue Cross Blue Shield of Michigan, et al. v. Aventis S.A., et al.,
  Case No. 2:01-cv-72806 (E.D. Mich.). Plaintiffs' Counsel for Blue
  Cross and Blue Shield of Massachusetts, Blue Cross Blue Shield of
  Michigan, Blue Cross and Blue Shield of Minnesota, and Excellus Blue
  Cross Blue Shield in conjunction with complex antitrust litigation against
  Aventis S.A. and Andrx seeking recovery of overpayments due to
  Defendants' alleged anticompetitive conduct in the market for Cardizem
  CD®. After these Plaintiffs elected to opt-out of underlying indirect
  purchaser class litigation and after intensive opt-out litigation, a
  successful settlement was achieved.
 In re: Cardizem CD Litigation, MDL No. 1278 (E.D. Mich.). Counsel
  for Plaintiff class members Kaiser, United Healthcare, Blue Cross and
  Blue Cross Blue Shield of Michigan, Blue Shield of Massachusetts, Blue
  Cross Blue Shield of Michigan, Blue Cross and Blue Shield of Minnesota,



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                     Robert T. Rhoad


      and Excellus Health Plan, Inc. in conjunction with complex antitrust
      litigation seeking recovery of overpayments for Cardizem CD® and
      related products based on alleged anticompetitive conduct of
      Defendants relative to a "reverse" payment settlement whereby Aventis
      would pay Andrx (the maker of an FDA-approved, therapeutically
      equivalent, generic substitute for Cardizem CD®) millions of dollars to
      delay the entry of the less-expensive Andrx product. After extensive
      litigation, the case settled and multi-million recoveries were achieved
      for those electing to participate in the settlement, while others (as
      referenced above) elected to opt-out and pursued successful
      independent recovery litigation.
     In re: Lorazepam & Clorazepate Litigation, MDL Docket No.
      1290, Misc. No. 99-ms-00276 (D.D.C). Counsel for Plaintiff class
      members, including 17 health insurers/third party payors in conjunction
      with complex antitrust litigation against Mylan Laboratories, Mylan
      Pharmaceuticals, Gyma Corporation, and Cambrex Corporation seeking
      recovery of overpayments due to Defendants' anticompetitive conduct
      in the markets for lorazepam (generic equivalent of Ativan®) and
      clorazepate (generic equivalent of Tranxene®). The indirect purchaser
      component of the settlement was approximately $35 million. Although
      the majority of the individual member of our group elected to
      participate in the settlement, some of our health plan/payor clients,
      including HCSC (as referenced above) elected to opt-out and pursued
      successful independent recovery litigation.
     Blue Cross of California, et al. v.SmithKline Beecham, et al., Case
      No. 97-cv-01795 (D. Conn.). Plaintiffs' Counsel for a large group of
      37 health insurers/third party payors against SmithKline Beecham for
      alleged unlawful laboratory services based on RICO and common law
      fraud claims. After intensive litigation, a substantial settlement
      (confidential) was ultimately achieved.
     In re: Synthroid Marketing Litig., Case No. 1:97-cv- 06017 (N.D.
      Ill.). Plaintiffs' Counsel for a large group of 18 health insurers/third
      party payors in conjunction with complex litigation against Knoll
      Pharmaceutical Company/BASF seeking recovery of overpayments due
      to alleged anticompetitive conduct of Knoll by misleading physicians and
      patients into keeping patients on Synthroid® despite knowing that less
      costly, but equally effective drugs were available. This case resulted in a
      settlement of $87.4 million settlement with Knoll and its parent
      company, BASF Corporation, on behalf of a class of all consumers who
      purchased Synthroid®. Blue Cross and Blue Shield of Massachusetts,
      Blue Cross Blue Shield of Michigan and Blue Cross and Blue Shield of
      Minnesota – opted-out and filed their own case, which ultimately settled
      on favorable terms.

Miscellaneous Notable Matters:




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    State of Florida v. Crosley Green in State of Florida v. Crosley
     Green, Case No. 051989CF004942AXXX (Cir. Ct. 18th Jud. Cir.,
     Brevard Co., FL). Co-Lead Post-Conviction Counsel in pro bono/death
     penalty case for Florida inmate, Crosley Green, who had been
     sentenced death and confined on Death Row, awaiting execution, for 19
     years. As a result of our initial efforts, we succeeded in having Mr.
     Green's death sentence set aside/vacated. Currently, we are pursuing
     federal habeas and other relief in addition to parole for Mr. Green.
    Monika Nickerson, et al. v. United States, Case No. 1:03-cv-
     00909 (D. Col.). Lead Plaintiffs' counsel in medical malpractice case
     against the United States/U.S. Department of the Army brought under
     the Federal Tort Claims Act. After extensive litigation and prior to trial,
     a successful settlement was achieved.
    Matthew Dahl, et al. v. United States, (D.D.C.). Lead Plaintiffs'
     counsel in medical malpractice case against the United States/U.S.
     Department of the Army brought under the Federal Tort Claims Act. The
     case resulted in a successful settlement in favor of Plaintiffs of more
     than $1.5 million.
    Chesapeake Center, Inc. v. Blue Cross and Blue Shield of North
     Carolina, et al., (Circuit Court, Fairfax Co., VA). Lead Defense
     Counsel for Anthem Blue and Blue Shield in a case involving a payment
     dispute under the federal TRICARE Program where Anthem served as an
     intermediary. After extensive litigation, the case against Anthem was
     dismissed.
    Medassist-Op, Inc. v. Donna Shalala, et al, Case No. 1:00-cv-
     01829 (D.D.C.). Lead Defense Counsel for AdminaStar Federal ina
     case involving a payment dispute under federal health programs where
     AdminaStar Federal served as an intermediary. After extensive
     litigation, the case against AdminaStar Federal was dismissed.
    Keila Duncan, et al. v. United States, Case No. 97-cv-01248 (D.
     Md.). Co-Lead Defense/Trial Counsel for the U.S. Department of the
     Navy in medical malpractice (obstetrical/wrongful death) case brought
     against the Navy under the Federal Tort Claims Act. The case was tried
     to judgment in favor of the U.S. Government/U.S. Department of the
     Navy.

Professional Associations

    American Bar Association: (ABA Advisory Board Member, 2006 -
     present) Criminal Law, Health Law, Litigation, and Administrative Law
     and Regulatory Practice Sections (past Vice Chair, Criminal Process
     Committee)
    American Health Lawyers Association: Fraud & Abuse, Self-Referrals,
     and False Claims Section
     Bar Association of the District of Columbia
    Food and Drug Law Institute


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                      Robert T. Rhoad


     Vermont Bar Association

Community/Civic/Volunteer Work
The Oasis School (Sultan Hamud, Kenya), Member, International Board of
Directors




Education

     University of Vermont, B.A. (1989)
     Vermont Law School, J.D. (1994)
     George Washington University Law School, LL.M. (1999) summa cum
      laude

Affiliations

Admitted to practice:
Supreme Court of the United States
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals for the Eleventh 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 Armed Forces
U.S. District Court for the District of Maryland
U.S. District Court for the District of Columbia
U.S. District Court for the District of Colorado
U.S. Court of Federal Claims
U.S. Tax Court
State of Vermont
District of Columbia

Publications

     "Settling False Claims Act Cases in the Healthcare Fraud and
      Enforcement World: Tips and Traps for Providers and Payors," American
      Health Lawyers Association’s 2011 Fraud & Compliance Forum
      Coursebook (September 2011). Author: Robert T. Rhoad.
     "False Claims Act Fundamentals and Compliance: New Requirements
      and New Challenges for the Health Care Industry," 2011 Physicians and
      Physician Organizations Law Institute / Hospitals and Health Systems
      Law Institute Manual, American Health Lawyers Association (February
      2011). Author: Robert T. Rhoad.




                           Page 10 of 16
                 Robert T. Rhoad


 "When Does a Breach of Contract Violate the False Claims Act?," BNA's
  Federal Contracts Report (December 2010). Co-Authors: Robert T.
  Rhoad and Jonathan R. Cone.
 "Certification Certitude: The Fifth Circuit Rejects Broad False Claims Act
  Liability Theory," The Legal Pulse Blog, Washington Legal Foundation
  (November 2010). Co-Authors: Robert T. Rhoad and Jonathan R. Cone.
 "Fundamentals Of False Claims Act And Qui Tam Enforcement In The
  Health Care Industry," Second Annual Fundamentals of Florida Health
  Care Law Manual, Florida Bar Association Continuing Legal Education
  Committee and Health Law Section (September 17, 2010). Author:
  Robert T. Rhoad.
 "Whistling While They Work: Limiting Exposure In The Face Of The
  PPACA's Invitation To Employee Whistleblower Lawsuits," The Health
  Lawyer, Vol. 22, No. 6, ABA Health Law Section (August 2010). Co-
  Authors: Robert T. Rhoad and Matthew T. Fornataro.
 "The Patient Protection And Affordable Care Act's Open Invitation To
  False Claims Act Whistleblowers: Risk Mitigation Strategies For Health
  Care Entities," 2010 Healthcare Reform Law Resource Guide, American
  Health Lawyers Association (June 2010). Co-Authors: Robert T. Rhoad
  and Matthew T. Fornataro.
 "A Gathering Storm: The New False Claims Act Amendments And Their
  Impact On Health Care Fraud Enforcement," The Health Lawyer, Vol.
  21, No. 6, ABA Health Law Section (August 2009). Co-Authors: Robert
  T. Rhoad and Matthew T. Fornataro.
 "Blues Plans Beware: The New False Claims Act Amendments And Their
  Impact On Health Care Entities," Blue Cross Blue Shield Association
  Legal Affairs Bulletin, No. 1002 (July 2009). Co-Authors: Robert T.
  Rhoad and Matthew T. Fornataro.
 "A Brave New World: Recent False Claims Act Amendments And Their
  Impact On Health Care Entities," ABA Health e-Source, Vol. 5, No. 11
  (July 2009). Co-Authors: Robert T. Rhoad and Matthew T. Fornataro.
 "Asserting The Government's Duty To Preserve In False Claims Act
  Litigation: Abbott Laboratories Seeks Sanctions For DOJ Spoliation In
  Health Care Fraud Case," ABA Health e-Source, Vol. 5, No. 11 (July
  2009). Co-Authors: Robert T. Rhoad and Matthew T. Fornataro.
 "Abbott Laboratories Seeks Sanctions For Alleged DOJ Spoliation in FCA
  Case," American Health Lawyers' Association Fraud and Abuse Practice
  Group E-Mail Alert (June 16, 2009). Author: Robert T. Rhoad.
 "New False Claims Act Amendments Significantly Impact Health Care
  Entities And Their 'Obligations' Regarding Overpayments," Crowell &
  Moring Health Law Alert, (May 27, 2009). Author: Robert T. Rhoad.
 "Supreme Court's Allison Engine Decision's Potential Impact On False
  Claims Act Enforcement In Healthcare Cases," ABA Health eSource, Vol.
  4, No. 12 (August 2008). Author: Robert T. Rhoad




                      Page 11 of 16
                   Robert T. Rhoad


    "False Claims Act Education Requirements Under the Deficit Reduction
     Act: Compliance Guidance For Health Care Organizations In The Wake
     of Uncertainty," The Health Lawyer, Vol. 19, No. 5, American Bar
     Association (April 2007). Author: Robert T. Rhoad.
    "Effective Cross-Examination," American Bar Association, Young
     Lawyers Division 101 Series, Trial Advocacy (2007). Author: Robert T.
     Rhoad.
    "Cardizem CD®, K-Dur®, Plavix®, and OxyContin®: Have We Entered
     The Endgame of Antitrust Uncertainty Towards Pharmaceutical Patent
     Litigation Settlements?," Health Lawyers Weekly, Vol. 4, No. 48,
     American Health Lawyers Association (December 15, 2006). Co-Author:
     Robert T. Rhoad.
    "The OxyContin® Settlement: A Signpost on the Road to a Consumer-
     Friendly Policy for Generic Competition," ABA Health e-Source, Vol. 3,
     No. 1, American Bar Association (October 2006). Author: Robert T.
     Rhoad.
    "Countdown to the Implementation of New Federal Qui Tam
     Requirements: Is Your Health Care Organization Ready?,"
     Martindale.com (June 20, 2006). Co-Author: Robert T. Rhoad.
    Chapter 11, "Criminal Process," Developments in Administrative Law
     and Regulatory Practice 2000-2001, American Bar Association (2002).
     Author: Robert T. Rhoad.
    Chapter 14, "Criminal Process," Developments in Administrative Law
     and Regulatory Practice 1998-1999, American Bar Association (2000).
     Co-Author: Robert T. Rhoad.

Alerts & Newsletters

    "Earlier Complaint Fails 9(b), But Bars FCA Suit," Government Contracts
     Bullet Points (November 8, 2011). Contacts: Andy Liu, Robert T. Rhoad,
     Mark R. Troy.
    "Supremes Hold FOIA Response Satisfies FCA Public Disclosure Bar,"
     Government Contracts Bullet Points (May 16, 2011). Contacts: Brian C.
     Elmer, Robert T. Rhoad, Andy Liu.
    "When Does a Breach of Contract Violate the False Claims Act?,"
     Government Contracts Bullet Points (December 14, 2010). Contact:
     Robert T. Rhoad.
    ""Collective Knowledge" Rejected," Government Contracts Bullet Points
     (December 7, 2010). Contacts: Andy Liu, Robert T. Rhoad.
    "FCA Settlement Does Not Bar Third-Party Claims," Government
     Contracts Bullet Points (December 3, 2009). Contacts: Robert T. Rhoad,
     Michael D. Newman.
    "FOIA Release Is FCA 'Public Disclosure'," Government Contracts Bullet
     Points (November 30, 2009). Contacts: Robert T. Rhoad, Michael D.
     Newman.



                        Page 12 of 16
                    Robert T. Rhoad


    "Ninth Circuit Leaves Open Possibility for Claims by FCA Defendant
     Against Allegedly Liable Third Party," Health Law 'In The News'
     (November 23, 2009). Contact: Robert T. Rhoad.
    "U.S. Not A "Party" To Whistleblower Cases When It Has Not
     Intervened, Supreme Court Says," Government Contracts Bullet Points
     (June 12, 2009). Contacts: Brian C. Elmer, Robert T. Rhoad, Andy Liu.
    "New False Claims Act Amendments Significantly Impact Health Care
     Entities And Their "Obligations" Regarding Overpayments," Health Law
     'In The News' (May 28, 2009). Contacts: Robert T. Rhoad, Michael W.
     Paddock.
    "Fourth Circuit Rules In Custer Battles," Government Contracts Bullet
     Points (April 13, 2009). Contacts: Robert T. Rhoad, Michael D. Newman.
    "Crowell & Moring Obtains Victory In First Tried Indirect Purchaser
     Pharmaceutical Antitrust Case," Antitrust Law Alert (February 1, 2008).
     Contact: Robert T. Rhoad.
    "Crowell & Moring Obtains Victory In First Tried Indirect Purchaser
     Pharmaceutical Antitrust Case," Health Law 'In The News' (February 1,
     2008). Contact: Robert T. Rhoad.

Speaking Engagements

    "Settling False Claims Act Cases in the Healthcare Fraud and
     Enforcement World: Tips and Traps for Providers and Payors," American
     Health Lawyers Association’s Fraud & Compliance Forum (September
     27, 2011). Co-Presenter: Robert T. Rhoad.
    "False Claims Act Developments: Congress Opens the Floodgates While
     Courts Mop Up The Mess," 27th Annual Ounce of Prevention Seminar
     (OOPS), Crowell & Moring, Washington, D.C. (May 24-26, 2011). Co-
     Presenters: Robert T. Rhoad, Mark R. Troy, Andy Liu, Jonathan Cone.
    "Executives and Counsel In the Crosshairs: What Recent Government
     Efforts to Prosecute Individuals Mean For Your Organization (And
     You!)," Crowell & Moring webinar (April 7, 2011). Co-Presenter: Robert
     T. Rhoad.
    "Health Care Reform 1 Year Later: Identifying Recent Health Care
     Reform Trends and the Continuing Effect on the Pharmaceutical
     Industry," American Conference Institute’s 11th National Forum on
     Fraud and Abuse in the Sales and Marketing of Drugs Conference
     (March 29-31, 2011). Presenter: Robert T. Rhoad.
    "False Claims Briefing," Florida Bar Association Continuing Legal
     Education Committee and Health Law Section's 2011 Health Law
     Advanced Topics/Certification Program (March 3-4, 2011). Presenter:
     Robert T. Rhoad.
    "Government Investigations and False Claims Act Compliance: New
     Requirements and New Challenges For Providers," American Health
     Lawyers Association's 2011 Physicians and Physician Organizations Law



                         Page 13 of 16
                 Robert T. Rhoad


  Institute / Hospitals and Health Systems Law Institute (February 10-11,
  2011). Presenter: Robert T. Rhoad.
 "Managed Care Strategies After Health Care Reform," Strafford CLE
  (January 13, 2011). Co-Presenters: Robert T. Rhoad, Christopher Flynn,
  and James W. Boswell.
 "What Will the New Year Bring? Top Headlines, Headaches, and Legal
  Developments for Government Contractors to Watch in 2011," Crowell
  & Moring webinar (January 12, 2011). Co-Presenter: Robert T. Rhoad.
 "State & Federal Fraud And Abuse Enforcement Priorities," American
  Conference Institute's National Forum on Clinical Integration (November
  16-17, 2010). Presenter: Robert T. Rhoad.
 "Health Care False Claims Act Cases: Is it a federal case? Is it a state
  case? Is it all of the above in many permutations, all at various stages
  of development?," Practising Law Institute's False Claims Litigation
  2010 Conference (November 5, 2010). Presenter: Robert T. Rhoad.
 "Department of Defense and General Services Administration
  Procurement Fraud Matters," Practising Law Institute's False Claims
  Litigation 2010 Conference (November 5, 2010). Presenter: Robert T.
  Rhoad.
 "False Claims Briefing," Florida Bar Association Continuing Legal
  Education Committee and Health Law Section's Second Annual
  Fundamentals of Florida Health Care Law Conference (September 17,
  2010). Presenter: Robert T. Rhoad.
 "Impact Of The False Claims Act Amendments For Hospital Systems And
  Anticipating A Rise In Qui Tams," National Legal & Compliance Summit
  On Health Care Enforcement (June 22, 2010). Presenter: Robert T.
  Rhoad.
 "More Exposure And More Risk: Fraud And Abuse Risks In A 'Health
  Reform' World," Law and Regulatory Affairs Health Care Compliance
  Seminar (June 12, 2010). Co-Presenters: Robert T. Rhoad and Arthur
  N. Lerner.
 "Contract Fraud: One Year After FERA," Caught in the Federal
  Procurement Fish Bowl, 26th Annual Ounce of Prevention Seminar
  (OOPS), Crowell & Moring, Washington, D.C. (May 26-27, 2010).
  Presenters: Mark R. Troy, Robert T. Rhoad, Andy Liu, Mana E.
  Lombardo.
 "Blues Beware: Recent False Claims Act Amendments And Their Impact
  On Health Care Plans," Blue Cross Blue Sheild Association 44th Annual
  Lawyers' Conference (May 13, 2010). Presenter: Robert T. Rhoad.
 "Fox In The Hen House: Dealing With The Whistleblower Employee And
  Internal Investigation Issues," Crowell & Moring's Healthcare Ounce Of
  Prevention Seminar (HOOPS) (April 27, 2010). Presenters: Robert T.
  Rhoad and Kris Meade.
 "The Blind Side: A Rash of False Claims Act Amendments And New
  Liability Exposure for Healthcare Entities," Crowell & Moring's 2010



                      Page 14 of 16
                 Robert T. Rhoad


  Healthcare Ounce Of Prevention Seminar (HOOPS) (April 26, 2010).
  Presenters: Robert T. Rhoad and David O'Brien.
 "Pursuing and Defending Lawsuits Involving Balance Billing,
  Reimbursement, Physician Tiering and Other Claims," Managed Care
  Litigation: Emerging Trends in Provider-Plan Disputes, Strafford
  teleconference/webinar (March 11, 2010). Presenters: Robert T. Rhoad
  and Chris Flynn.
 "Affirmative Health Care Cost Recovery Litigation Against Third Parties,"
  Strafford webinar (March 11, 2010). Presenter: Robert T. Rhoad.
 "Current Trends In Health Care Fraud," Magellan Health Services
  Legal/Compliance/Security Conference (September 17, 2009).
  Presenter: Robert T. Rhoad.
 "Amendments To The False Claims Act," Ethics Resource Center webinar
  (July 7, 2009). Presenter: Robert T. Rhoad.
 "Payors Strike Back: Effective Cost Recovery and Affirmative Litigation
  Strategies," American Health Lawyers' Association 43rd Annual Meeting
  (June 29, 2009). Presenter: Robert T. Rhoad.
 "The Future Of Reverse Payment Settlements: Insider's Guide To
  Imminent Antitrust Policy Changes," American Conference Institute
  webinar (June 17, 2009). Presenter: Robert T. Rhoad.
 "Contract Fraud And False Claims," Crowell & Moring's 2009 Ounce Of
  Prevention Seminar (OOPS) (May 27, 2009). Presenter: Robert T.
  Rhoad.
 "Bringing Home the Bacon: Recent Developments And Trends In Third-
  Party Payor Recovery Actions," Blue Cross Blue Shield Association 43rd
  Annual Lawyers' Conference (May 7, 2009). Presenter: Robert T. Rhoad.
 "Emerging Issues in Managed Care Litigation: An Examination of
  Recovery Actions and Rescission Litigation," Crowell & Moring's 2008
  Healthcare Ounce Of Prevention Seminar (HOOPS) (October 21, 2008).
  Presenter: Robert T. Rhoad.
 "The Future Of False Claims Act Enforcement In Health Cases: Recent
  Judicial And Legislative Developments," Crowell & Moring's Healthcare
  Ounce Of Prevention Seminar (HOOPS) (October 20, 2008). Presenter:
  Robert T. Rhoad.
 "Contractors At War: The False Claims Act," Crowell & Moring's 2008
  West Coast Ounce Of Prevention Seminar (WOOPS) (April 29, 2008).
  Presenter: Robert T. Rhoad.
 "Iraq Reconstruction Contracting: Navigating The Legal Minefield,"
  National Contract Management Association, Saguaro Chapter
  Conference (April 24, 2008). Presenter: Robert T. Rhoad.
 "Battlefield Contracting And The False Claims," Crowell & Moring's 2008
  Ounce Of Prevention Seminar (OOPS) (April 22, 2008). Presenter:
  Robert T. Rhoad.
 "Overseas Health Insurance Markets - Potential Pitfalls of Expansion:
  Global Privacy Issues, International Compliance, and Foreign Corrupt



                      Page 15 of 16
                 Robert T. Rhoad


  Practices Act," Crowell & Moring's 2007 Healthcare Ounce Of Prevention
  Seminar (HOOPS) (October 2007). Moderator: Robert T. Rhoad.
 "Successful False Claims Act Defense Strategies: The Custer Battles
  Case," National Contract Management Association Aerospace and
  Defense Conference (July 27, 2007). Presenter: Robert T. Rhoad.
 "Employee Handbooks & Whistle Blower Provisions: Are You in
  Compliance?," National Constitution Conference (January 4, 2007).
  Presenter: Robert T. Rhoad.
 "Substantive and Procedural Motions," District of Columbia Bar
  Association CLE Program Pre-Trial Skills Series (October 26, 2006). Co-
  Presenter: Robert T. Rhoad.
 "Go To Jail. Go Directly To Jail: Criminal Prosecutions Predicated on the
  Government's Disagreement with Your Interpretation of Complex
  Regulations," ABA Administrative Law Conference (November 1, 2001).
  Presenter: Robert T. Rhoad.




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