Roger S. Goldman is a partner in the Washington, D.C. office of Latham & Watkins and has practiced law with the firm since 1981. His practice centers on False Claims Act and white collar criminal litigation with an emphasis on healthcare fraud defense. He has handled numerous qui tam proceedings, congressional investigations and grand jury investigations, representing a host of major healthcare corporations, government contractors and telecommunications firms. Mr. Goldman is regularly cited as a leading attorney in Chambers USA for the District of Columbia: Healthcare category.
Mr. Goldman has played a principal role in the defense of a number of high-profile healthcare fraud investigations on behalf of clients such as Tenet Healthcare and HCA. He has also successfully litigated to resolution false claims act cases for clients such as National Semiconductor Corporation and Royco, Inc.
In November 2006, Mr. Goldman was named Corporate Partner of the Year by New York City Habitat for Humanity at their 7th Annual Builder Awards Gala. He has served as Chairman on the Qui Tam Monograph project for the ABA Public Contracts section, Procurement Fraud Committee in 1994. He is the Co-founder and President of Buildable Hours, Inc., a national organization that assembles groups of law firms to build homes with Habitat for Humanity International. As a member of Latham's Pro Bono Committee, Mr. Goldman actively participates in administration of Latham's extensive pro bono program.
Prior to entering the practice of law, Mr. Goldman served as a law clerk to Judge Dorothy W. Nelson of the United States Court of Appeals for the Ninth Circuit (1980-1981).
Mr. Goldman's recent publications include:
- "The Real Good News from GEICO: Reasonable Interpretations Negate Scienter Under the False Claims Act" (Government Contract, November 2007)
- "Stark Naked: The Open Letter Disrobes the Fundamental Flaw in the Tainted Claims Theory of Damages in FCA Cases Based on Stark," (presented at the ABA 6th Annual National Institute on Civil False Claims Act and Qui Tam Enforcement, May 17-19 2006)
- "Twice the Usual Number of Suspects: Preemption of Common Law Recoupment Claims in Medicare Actions Brought Under the False Claims Act," (presented at the ABA Health Care Fraud 2004 Conference, May 2004)
- "Round Up the Usual Suspects: Use of Common Law Recoupment Claims in Medicare Actions Brought Under the Federal False Claims Act," (presented at the ABA 4th Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement, January 29-31, 2003)
- "T'ain't that Easy: Bearing the Burden in False Claims Act Cases," (presented at the ABA 3rd Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement, November 28-30, 2001)
- "It's Not That Easy: Why Extrapolation is Inappropriate in the False Claims Act Context," (presented at the AICPA National Conference, October 2-3, 2001)
- "Tilting at Windfalls: Rejecting the Tainted Claims Theory of Damages in False Claims Act Cases," (presented at the ABA Health Care Fraud 2001 Conference, May 2001)
- "Is There Any ‘There' There: Damages and Penalties in False Claims Act Cases Based on Antikickback and Stark Violations" (prepared for the Georgetown Federal Enforcement Seminar, February, 2000)
Representative cases for which Mr. Goldman was lead counsel include:
- In Re Columbia/HCA Healthcare Corp. Qui Tam Litigation Case 01-MS-50. Consolidation of approximately 30 qui tam cases filed against the Columbia/HCA hospital company. Partially settled in August 2001 for US$745 million. Remaining claims settled for approximately US$620 million in 2003.
- On behalf of Integrated Health Services in resolving civil false claims filed by the Department of Justice (DOJ) in the Integrated bankruptcy. Settled for approximately US$19 million in 2003.
- US ex rel. Schoff v. Royco, Inc. Court dismissed all DOJ and relator False Claims Act claims, October 2002.
- On behalf of Ventas, the REIT associated with the Vencor nursing home chain, in a series of qui tam cases filed in the Vencor bankruptcy. Settled for approximately US$140 million in early 2001.
- US ex rel Wyman and Harrison v. National Semiconductor Corporation, a non-intervened qui tam case. Summary judgment for defendant in the US District Court for the District of Maryland. Affirmed by the US Court of Appeals for the Fourth Circuit, January 1997.