About Howard R. Rubin

Howard leads two different legal practices that are national in scope and reputation. Applying nearly 30 years 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, criminal 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 as well as private equity-backed physician practice management services organizations 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 and third-party financial sponsors in recapitalization transactions, having closed dozens of transactions over the last many 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, nephrology, 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 and protecting 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.

News

Publications

Presentations and Events

  • September 29, 2020
    Rutledge v. PCMA Webinar
  • October 5, 2018
    American Urological Association Mid-Atlantic Section
    Going Alone or Gaining a Partner: Evaluating Options with Hospitals, Private Equity and MSOs
  • April 26, 2017
    Anatomy of a Medical Practice's Data Breach: The First 72 Hours
    Presenter
  • November 4, 2016
    Large Urology Group Practice Association Annual Meeting
    Going Alone or Gaining a Partner: Evaluating Options with Private Equity MSOs and Hospitals
  • January 27, 2016
    Employment Challenges in Medical Practices
    Presenter | Employment Challenges in Medical Practices: Ten Tips to Minimize Liability and Better Manage Your Workforce
  • March 27, 2015
    GI Roundtable
    The Battle to Protect Integrated Care Furnished by Independent GI Practices: A National and State Perspective
  • July 17, 2014
    Managing Risk: Lessons Learned From a Decade Representing Specialty Practice in Internal and Regulatory Investigations
  • June 20, 2013
    When the Government Comes Knocking: What Every Medical Practice Group Should Know in Advance
  • March 9, 2012
    The OrthoForum 2012 Mid-Year Meeting
    The Battle to Protect Integrated Care Furnished By Independent Orthopaedic Practices
  • View All Presentations and Events
Practices
Industries
Education
  • Duke University School of Law, JD, with high honors, Order of the Coif
  • University of Miami, BA, summa cum laude, Phi Beta Kappa
Bar Admissions
  • District of Columbia
  • Maryland
Court Admissions
  • US Supreme Court
  • US Court of Appeals, Federal Circuit
  • US Court of Appeals, Second Circuit
  • US Court of Appeals, Third Circuit
  • US Court of Appeals, Fourth Circuit
  • US Court of Appeals, Fifth Circuit
  • US Court of Appeals, Sixth Circuit
  • US Court of Appeals, Seventh Circuit
  • US Court of Appeals, Ninth Circuit
  • US Court of Appeals, Tenth Circuit
  • US Court of Appeals, Eleventh Circuit
  • US Court of Appeals, District of Columbia Circuit
Recognitions
Recognized or listed in the following:
  • Super Lawyers
    Washington, DC, 2014–2016, 2018–2020
Award Methodologies