Back to People
Brett Barnett

Brett W. Barnett Partner

Chicago T +1 312 849 8123 F fax +1 312 698 4589
Save current page as PDF vCard Visit www.thefcainsider.com blog

Brett is the co-leader of McGuireWoods’ False Claims Act Investigations & Litigation Practice Group. He focuses his practice on representing clients in high-stakes False Claims Act matters, healthcare fraud and abuse investigations, and complex commercial litigation across the country. Brett routinely leads internal and government-facing investigations involving the U.S. Department of Justice and other federal and state agencies, and defends clients in civil FCA litigation, often involving parallel proceedings and regulatory scrutiny.

Brett represents a wide range of clients the healthcare industry, including healthcare payors, management companies, private equity firms, health systems, and physician practices. He also regularly advises these clients on regulatory issues involving the Anti-Kickback Statute, the Stark Law, and other federal and state fraud and abuse laws.

Brett is a co-founder and editor of FCA Insider, McGuireWoods’ blog covering developments in False Claims Act enforcement and litigation and is regularly called upon to present or comment on developments in this area of the law. He is also the co-chair of the Chicago office’s Pro Bono committee and is an active member of the Chicago office’s recruiting committee.  Brett also serves on the board of directors for the Law Center for Better Housing, a nonprofit dedicated to promoting housing rights and access to justice.

Before joining McGuireWoods, Brett served as a judicial law clerk to the Honorable Roger B. Cosbey of the U.S. District Court for the Northern District of Indiana. Brett graduated first in his class from the University of Illinois College of Law, where he was a recipient of the Rickert Award for Academic Achievement and was a member of the University of Illinois Law Review.

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.

Events

Insights

  • Selected for inclusion in The Best Lawyers in America, Commercial Litigation, Health Care Law, 2024, 2025, 2026
  • Recognized in “Readers Choice Awards”, Top Read Article, Construction Industry, “Tenth Circuit Elaborates Upon FCA’s Materiality Requirement,” JD Supra, 2016

Spotlight

Displaying slide 1 of 6
More