About Howard R. Rubin

Howard leads two different legal practices that are national in scope and reputation. Applying a quarter century of experience as an appellate litigator, he heads the firm’s Appeals and Critical Motions practice, representing clients in their most important disputes. Separately, in the health care industry, Howard leads the most prominent practice in the nation devoted to advising independent physician medical practices. Howard also is a member of the firm’s Board of Directors.

Appellate advocacy for bet-the-company matters

Over his career, Howard has served as lead counsel in more than 100 appeals, including matters in the US Supreme Court, 11 of the 13 federal circuit courts, and various state appellate and supreme courts. Clients often call on Howard and his team of former federal appellate clerks to brief and argue bet-the-company cases and other high-stakes disputes in the appellate courts. His cases have covered a wide variety of subject matter, including administrative law, environmental law, health care, intellectual property (patent, copyright and trademark cases in the Federal Circuit) and securities litigation.

Best-in-class representation of independent medical practices

In the health care industry, Howard leads an interdisciplinary team that represents dozens of the country’s largest, most sophisticated independent physician specialty practices in complex transactions, regulatory matters and investigations. He devotes a substantial portion of his practice to internal and government investigations and related False Claims Act cases arising from allegations of Medicare fraud and abuse under the federal Anti-Kickback Statute and Stark Law. Howard’s team also represents physician medical practices in recapitalizations with third-party financial sponsors such as private equity firms, having closed several of the largest such transactions in the country over the last several years.

Under Howard’s leadership, Katten has developed an unrivaled understanding of the legal, clinical and business challenges confronting independent physician specialty medical practices, making the firm the counsel of choice across medical specialties such as gastroenterology, medical and radiation oncology, orthopaedic surgery, urology and emergency medicine. Given how deeply entrenched Howard and his team are in representing independent medical practices, they are able to respond rapidly and with great efficiency in answering their clients’ most pressing questions.

In addition to representing medical practices on their most significant matters, Howard has developed a national reputation for his creation of state and national medical associations focused on promoting the high-quality, cost-efficient care furnished in the independent practice setting. Howard has created and serves as lead counsel for single-specialty and multi-specialty medical associations with hundreds of member medical practices in nearly all states across the country.

Howard began his career as a law clerk to the Honorable Sam J. Ervin III, Chief Judge of the US Court of Appeals for the Fourth Circuit. While attending law school, he served as an editor of the Duke Law Journal and won Duke’s prestigious Hardt Cup Moot Court Competition.

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Practice Focus

  • Appellate and Supreme Court litigation
  • Internal and government investigations
  • Health care regulatory compliance
  • Health care litigation

Representative Experience

  • Argued appeal on behalf of a publicly traded company before the US Court of Appeals for the Third Circuit. The company had been pursuing FDA approval to market its signature drug for a new indication. A group of plaintiffs filed a putative class action under the Securities Exchange Act of 1934, alleging that the company misled investors about the prospects of FDA approval. The Third Circuit affirmed dismissal of the plaintiffs’ complaint.
  • Lead appellate counsel for an industry association in the US Court of Appeals for the Ninth Circuit. Defended the district court's favorable ruling that California's Low Carbon Fuel Standard program violates the dormant Commerce Clause by discriminating against out-of-state corn-derived ethanol while favoring in-state corn ethanol and impermissibly regulating extraterritorial conduct.
  • Obtained victory in the US Supreme Court, vacating an adverse decision from the Federal Circuit, in a highly publicized tax case that addressed the issue of whether an understatement of income resulting from an overstatement of tax basis for sold property qualifies as an omission from income giving rise to an extended six-year (as opposed to three-year) period for tax assessment.
  • Obtained a victory in the Supreme Court of Washington that orthopaedic surgeons and other physicians are permitted to employ physical therapists in their medical practices consistent with the State’s physician self-referral law and corporate practice of medicine doctrine.

Publications

Presentations and Events

  • American Urological Association Mid-Atlantic Section
    Going Alone or Gaining a Partner: Evaluating Options with Hospitals, Private Equity and MSOs
    October 5, 2018
  • Anatomy of a Medical Practice's Data Breach: The First 72 Hours
    Presenter
    April 26, 2017
  • Large Urology Group Practice Association Annual Meeting
    Going Alone or Gaining a Partner: Evaluating Options with Private Equity MSOs and Hospitals
    November 4, 2016
  • Presenter | Employment Challenges in Medical Practices: Ten Tips to Minimize Liability and Better Manage Your Workforce
    January 27, 2016
  • GI Roundtable
    The Battle to Protect Integrated Care Furnished by Independent GI Practices: A National and State Perspective
    March 27, 2015
  • Managing Risk: Lessons Learned From a Decade Representing Specialty Practice in Internal and Regulatory Investigations
    July 17, 2014
  • When the Government Comes Knocking: What Every Medical Practice Group Should Know in Advance
    June 20, 2013
  • The OrthoForum 2012 Mid-Year Meeting
    The Battle to Protect Integrated Care Furnished By Independent Orthopaedic Practices
    March 9, 2012
  • 7th Annual Urology Joint Advocacy Conference
    Mobilization: Lessons Learned from the New Jersey Patient Care and Access Coalition
    March 5, 2012
  • View All Presentations and Events