Elizabeth S. Hess, P.C.

Partner Litigation

Chicago +1 312 862 3253

Elizabeth S. Hess, P.C.

Overview

Elizabeth Hess has broad experience representing clients in government enforcement defense and internal investigations, and in a variety of litigation matters. 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 for a variety of clients and counsels clients on the adequacy of their internal controls and compliance policies and procedures.

Elizabeth has also acted as trial, appellate, and arbitration counsel in both individual and class action suits involving claims in various practice areas, including state and federal False Claims Act liability, complex commercial disputes, unfair and deceptive trade practices, consumer fraud, securities and shareholder class actions, and professional liability involving auditors/accountants, architects, engineers and contractors.

Represent pharmaceutical, medical device, diagnostic, and medical supply companies, as well as other healthcare institutions, in various 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.

Represent major airline in ongoing federal criminal and civil investigations in connection with federal contract issues.

Represent diagnostics company in qui tam litigation pending in Massachusetts regarding alleged improper billing practices.

Represent diagnostics company in qui tam litigation under the California Insurance Frauds Prevention Act regarding alleged improper billing practices.

Represent pharmaceutical company in qui tam litigation pending in Pennsylvania regarding the alleged off-label promotion of a prescription drug and other alleged improper sales and marketing practices.

Represent medical device manufacturer in qui tam litigation pending in Massachusetts regarding the alleged improper off-label promotion of medical devices and other alleged improper sales and marketing practices. Achieved successful dismissal of False Claims Act claims and only employment-related claims remain pending.

Represented medical device manufacture in qui tam litigation 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 pharmaceutical company in qui tam litigation pending in Ohio regarding the alleged off-label and improper promotion of several prescription drugs and other alleged improper sales and marketing practices.

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.

More

Recognition

Named as one of “Chicago’s Notable Women in Law” by Crain’s Chicago Business in 2020.

Recognized as one of the Top 250 Women in U.S. Litigation in 2017–2020 by Benchmark Litigation.

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.

Named an "Illinois Rising Star" by Super Lawyers magazine in 2010, 2011 and 2012.

Credentials

Admissions & Qualifications

  • 2004Illinois

Education

  • University of Chicago Law SchoolJ.D.2004

    Edwin Mandel Award

    Comment Editor, University of Chicago Legal Forum

    Clinical Program, MacArthur Justice Center

    Member, Edwin Mandel Legal Aid Clinic Student Board

  • University of ChicagoB.A., Political Science2001

    Graduated with Honors

    Phi Beta Kappa