About Daniel E. Lipton

From defending against criminal charges to writing appellate briefs, Daniel Lipton assists his clients when the stakes couldn't be higher. Daniel represents companies and individuals on a range of civil and criminal matters, including appeals and dispositive motions practice, and governmental investigations and enforcement actions.

High-stakes investigations and litigation

Daniel helps clients handle government enforcement actions and internal investigations under the Foreign Corrupt Practices Act, environmental criminal statutes and antitrust laws. He also defends clients against and resolves matters under health care fraud and abuse statutes, including qui tam lawsuits brought under the False Claims Act, prepares self-disclosures of potential violations of health care laws and regulations, and helps clients subject to Corporate Integrity Agreements implement effective compliance programs.

Daniel also focuses on civil and criminal appellate litigation and dispositive motions practice, helping clients in the health care, energy and financial services industries. Daniel regularly briefs cases in the federal appellate courts and US Supreme Court, and he has significant motions-practice experience in federal district courts. His appellate work has covered a range of topics, including health care fraud, criminal environmental enforcement, and patent and trademark law.

Prior to joining Katten, Daniel served as a clerk for the Honorable Beverly B. Martin of the US Court of Appeals for the Eleventh Circuit in Atlanta. He also contributed to and was a member of the Virginia Law Review during law school.

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Practice Focus

  • Appellate and Supreme Court litigation
  • White-collar defense and investigations
  • Anti-Kickback Statute and False Claims Act investigations, including allegations of health care fraud
  • Environmental criminal investigations
  • FCPA and antitrust investigations

Representative Experience

  • Appellate
  • Co-authored briefing in the US Court of Appeals for the Eighth Circuit defending North Dakota laws regulating the practice of pharmacy against federal preemption challenge by national trade association.
  • Argued before the US Court of Appeals for the Eleventh Circuit, obtaining authorization for client to file amended complaint for Sec. 1983 claim for deliberate indifference to medical needs.
  • Co-authored briefing in the US Court of Appeals for the Fourth Circuit defending district court’s dismissal of claims under the False Claims Act and Title VII.
  • Co-authored briefing in the US Court of Appeals for the Eleventh Circuit on an interlocutory appeal. Challenged district court’s denial of summary judgment on claims for breach of contract and unfair trade practices.
  • Assisted trial team in preparing motions and preserving issues for appeal on claims for trade secret misappropriation and breach of contract.
  • White collar/Criminal defense
  • Represented medical group subject to government investigation for alleged violations of the Anti-Kickback Statute and False Claims Act. Negotiated resolution to multi-year investigation.
  • Represent two manufacturing companies subject to separate investigations for alleged felony violations of the Clean Air Act. Work with colleagues in the Environmental and Workplace Safety practice to develop legal arguments to defend against alleged violations.
  • Represented corporate client charged with felony violations of the OCSLA. Secured dismissal of felony counts on the basis that the federal government failed to promulgate regulations that imposed liability on contractors for failing to comply with substantive regulations enacted under OCSLA. United States v. Wood Group Prod. Servs. Network, Inc., No. 15-cr-197 (E.D. La.), appeal dismissed, No. 16-30561 (5th Cir.).
  • Represent Moroccan national in Foreign Corrupt Practices Act investigation by the US Department of Justice and Securities and Exchange Commission.
  • Represent Japanese nationals in federal grand jury investigation led by the Antitrust Division of the US Department of Justice.

Publications

  • Does the Supreme Court's Decision in Padilla v. Kentucky Apply Retroactively to Persons Whose Convictions Became Final Before Its Announcement?
    October 2012
  • Corporate Capacity for Crime & Politics: Defining Corporate Personhood at the Turn of the Twentieth Century
    2010