Elizabeth S. Hess, P.C.
Overview
Elizabeth Hess has broad experience representing clients in government enforcement defense, internal investigations, and in a variety of litigation matters. She regularly delivers favorable results in complex, bet-the-company investigations and litigation for a variety of clients. She defends corporations and corporate executives in government investigations and other criminal and regulatory proceedings in connection with various allegations. She also leads internal investigations and counsels clients on compliance programs, policies, and procedures.
In addition to her extensive experience representing clients in internal investigations and government enforcement matters, Elizabeth represents clients in related civil litigation, including False Claims Act cases, in federal and state courts throughout the country. She has also acted as trial, appellate, and arbitration counsel in dozens of other individual and class action lawsuits involving various types of claims, including complex commercial disputes, unfair and deceptive trade practices, consumer fraud, securities and shareholder class actions, and professional liability involving auditors and accountants, architects, engineers, and contractors.
Elizabeth has been recognized as a “go-to attorney” for clients facing government enforcement actions, civil investigative demands, subpoenas, and other types of investigations by Law360. She was recently named one of “Chicago’s Notable Women in Law” by Crain’s Chicago Business and has been recognized as one of the “Top 250 Women in US Litigation” for the last 5 years by Benchmark Litigation. She has also been recognized as a “Rising Star” multiple times by Law360 and Super Lawyers, and named to Benchmark Litigation’s “40 & Under Hot List.”
Experience
Representative Matters
Representing pharmaceutical, medical device, diagnostic, and medical supply companies in healthcare fraud investigations conducted by federal and state enforcement agencies involving billing and pricing issues, allegations of improper sales and marketing practices, allegations of off-label promotion, and alleged violations of the False Claims Act and the Anti-Kickback Statute.
Representing major airline in ongoing federal criminal and civil investigations in connection with federal contract issues.
Representing diabetes test supply company in intervened False Claims Act case pending in Tennessee regarding alleged violations of the Anti-Kickback Statute.
Representing pharmaceutical manufacturer in False Claims Act pending in Illinois regarding alleged violations of the Anti-Kickback Statute in connection with product support program.
Represented medical device manufacture in False Claims Act case in Texas regarding the alleged off-label promotion of a medical device. Following three week trial in which over $1 billion in damages was sought, the jury returned a complete defense verdict after three hours of deliberation.
Represented diabetes test supply company in False Claims Act case pending in Florida regarding various alleged regulatory violations and violations of the Anti-Kickback Statute. Case dismissed.
Represented pharmaceutical company in case brought by the California Department of Insurance alleging violations of the California Insurance Frauds Prevention Act regarding alleged improper kickbacks in connection with product support program and other alleged conduct. Case settled favorably.
Represented pharmaceutical company in False Claims Act case pending in Texas regarding alleged violations of the Anti-Kickback Statute in connection with product support program. Case dismissed.
Represented pharmaceutical company in False Claims Act case pending in New Jersey regarding alleged violations of the Anti-Kickback Statute in connection with product support program. Case dismissed.
Represented medical device company in False Claims Act case pending in Texas regarding alleged violations of the Anti-Kickback Statute in connection with product support program. Case dismissed.
Represented diagnostics company in False Claims Act case pending in Massachusetts regarding alleged improper billing practices. Case dismissed.
Represented diagnostics company in qui tam litigation under the California Insurance Frauds Prevention Act regarding alleged improper billing practices. Case dismissed on summary judgment.
Represented pharmaceutical company in False Claims Act case pending in Pennsylvania regarding the alleged off-label promotion of a prescription drug and other alleged improper sales and marketing practices. Case settled favorably.
Represented medical device manufacturer in False Claims Act case pending in Massachusetts regarding the alleged improper off-label promotion of medical devices and other alleged improper sales and marketing practices. False Claims Act claims dismissed with prejudice and retaliation claims dismissed on summary judgment.
Represented pharmaceutical company in False Claims Act case pending in Ohio regarding the alleged off-label and improper promotion of several prescription drugs and other alleged improper sales and marketing practices. Case dismissed.
Represented pharmaceutical manufacturers in various actions brought in state and federal courts on behalf of state Medicaid agencies and the federal government asserting that prescription pharmaceutical manufacturers reported inaccurate pricing benchmarks, allegedly causing the states and federal government to overpay providers for drugs dispensed to Medicaid and Medicare beneficiaries. Cases settled favorably.
More
Recognition
Named as a “Litigation Star” by Benchmark Litigation in 2021 and 2022.
Recognized as one of the Top 250 Women in U.S. Litigation in 2017–2022 by Benchmark Litigation.
Named as one of “Chicago’s Notable Women in Law” by Crain’s Chicago Business in 2020.
Named to Benchmark Litigation’s “40 & Under Hot List” in 2016, 2017, 2019 and 2020.
Named to The Legal 500 U.S. for Construction (including construction litigation) in 2016, 2019 and 2020, Corporate Investigations and White-Collar Criminal Defense in 2019, and Securities: Shareholder Litigation in 2014.
Named a “Rising Star” in 2016 and 2017 by Law360.
Credentials
Admissions & Qualifications
- 2004Illinois
Education
- University of Chicago Law SchoolJ.D.2004
- University of ChicagoB.A., Political Sciencewith Honors2001
Phi Beta Kappa