Brett W. Barnett Associate

Brett's practice is focused on complex commercial litigation with a focus on healthcare litigation. Brett represents and advises clients throughout the country in a variety of matters involving the False Claims Act, payor-provider disputes, restrictive covenants, shareholder and partnership disputes, and contract disputes.

Brett’s clients include health systems, hospitals, private equity firms, physician practices, management service organizations, and ambulatory surgery centers. Brett’s representation stems across all components of litigation and pre-litigation activities, and he regularly represents clients in state and federal court, arbitration, mediation, and in government and internal investigations. Brett also regularly assists clients during transactional due diligence in identifying and addressing various contractual and fraud and abuse matters in order to minimize litigation. 

Brett regularly presents on a variety of healthcare litigation topics, and to provide frequent updates and analyses on developments under the False Claims Act. Brett is also the co-founder of the McGuireWoods’ False Claims Act blog, the The FCA Insider, and currently serves as an editor and contributing author to the blog. He also serves as a committee chair for the Young Professionals Board of the Lawyers’ Committee for Better Housing.

Before joining McGuireWoods, Brett was a judicial clerk for the Honorable Roger B. Cosbey of the U.S. District Court for the Northern District of Indiana. At the University of Illinois College of Law, Brett graduated first in his class and was the recipient of the Rickert Award for Excellence in Academic Achievement.

Experience

Represented a mail order pharmacy in connection with allegations that the pharmacy had violated the False Claims Act by engaging in purportedly unlawful marketing activities.  Obtained dismissal of claims against the pharmacy.

Represented a management services organization in internal investigation relating to issues of improper billing.

Represented a billing services organization in internal investigation relating to issues of improper billing.

Represented a physician group in responding to a Government investigation of allegations of wrongdoing under the False Claims Act, the Anti-Kickback Statute, and the Stark Law.

Represented a management company in False Claims Act litigation concerning alleged misrepresentations and fraudulent performance under government contract. Obtained dismissal of claims against the company.

Represented an administrative services organization in internal investigation relating to issues concerning the inducement of referrals and related potential violations of the Anti-Kickback Statute.

Represented an ambulatory surgery center in shareholder dispute against former physician owners. Obtained confidential settlement for the center.

Represented a physician-owned hospital in a breach of contract dispute in which a former owner challenged the redemption of his ownership interests in the hospital.

Represented a managed care payer in breach of contract dispute brought by health system in arbitration. Obtained confidential award in client’s favor.

Represented a managed care payer in ERISA denial of benefits litigation brought by health system. Obtained dismissal or summary judgment in the client’s favor on multiple cases.

Represented a managed care payer on appeal in litigation concerning the alleged failure to pay claims. The appellate court affirmed the dismissal of the claims against the payer.

Represented a rehabilitation center in claim dispute brought by managed care payer. Obtained confidential settlement for the center.

Represented a physician practice in buyout dispute brought against dialysis management organization. Obtained confidential settlement for the practice.

Represented a physician practice in breach of contract dispute brought by a former physician employee. Obtained dismissal of the complaint brought against the practice.

Represented a physician practice in shareholder dispute brought against dialysis management organization. Obtained confidential settlement for the practice.

  • University of Illinois College of Law, JD, summa cum laude, Member, University of Illinois Law Review, 2013
  • University of Illinois at Urbana-Champaign, BA, Political Science and English, 2008

Co-Chair, Membership Committee, Young Professionals Board, Lawyers’ Committee for Better Housing, August 2018 - present

  • Illinois
  • U.S. Court of Appeals for the 7th Circuit
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Western District of Wisconsin
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Southern District of Indiana

Recognized in "Readers Choice Awards", Top Read Article, Construction Industry, “Tenth Circuit Elaborates Upon FCA’s Materiality Requirement,” JD Supra, 2016

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