Kirstin Scheffler Do, counsel in the Chicago office of Latham & Watkins, represents healthcare and life sciences companies in high stakes litigation, government investigations, and regulatory proceedings.

Since joining the firm in 2008, Kirstin has provided litigation and regulatory counsel to a wide array of industry clients, including managed care organizations, health information technology companies, hospital systems and other providers, pharmaceutical companies, and medical device manufacturers.

Kirstin has particular experience counseling industry clients on matters involving the False Claims Act, federal Anti-Kickback Statute, and other alleged fraudulent conduct. She regularly represents clients before the Department of Justice, Department of Health and Human Services (HHS) – Office of Inspector General, and the Centers for Medicare & Medicaid Services. She utilizes her deep regulatory knowledge and extensive experience in all phases of government investigations and litigation to secure favorable resolutions for her clients.

Kirstin has also devoted significant time to pro bono work, particularly in the areas of immigration and wrongful conviction. As part of her pro bono practice, she has secured asylum for siblings facing political persecution in Rwanda, lawful permanent residence for a family originally from Guatemala, and a new trial for a client wrongfully convicted of first degree murder in Chicago at age fifteen.

Prior to rejoining Latham & Watkins in 2011, Kirstin served as a judicial clerk to Judge Roger W. Titus of the US District Court for the District of Maryland.

Kirstin is a member of the Chicago office’s WEB Committee and is a former member of the firm’s Pro Bono committee.

Kirstin’s experience includes:

False Claims Act (“FCA”) Defense

  • Representing a healthcare organization in a high profile FCA suit brought by the Department of Justice (“DOJ”) related to alleged overpayments on medical claims
  • Representing a medical device company in a FCA suit related to alleged kickbacks paid to physicians
  • Representing a healthcare technology company in a FCA suit related to alleged kickbacks paid to hospitals 
  • Representing a healthcare organization in multiple FCA investigations by the DOJ related to alleged over-diagnosing and over-coding of health conditions
  • Successfully defended a healthcare organization in a FCA lawsuit brought by the DOJ related to alleged over-coding, obtaining dismissal of DOJ’s entire complaint
  • Obtained dismissal of a FCA lawsuit challenging health plan’s gift card health reward program as an alleged kickback
  • Represented large specialty pharmacy in successful resolution of first DOJ FCA suit based on drug adherence program
  • Negotiated a favorable settlement on behalf of a rehabilitation management services company in a FCA case based on alleged kickbacks

Other Government and Internal Investigations

  • Representing a leading pharmaceutical distributor in criminal and civil investigations by DOJ related to the distribution of controlled substances
  • Representing a large healthcare system in connection with an internal investigation regarding post-acute care compliance issues
  • Represented a nationwide hospital system and healthcare management company in connection with a series of internal investigations of individual and corporate compliance with policies and federal regulations
  • Represented a medical device company in connection with an internal investigation into AKS compliance issues
  • Represented a large healthcare system in connection with an internal investigation regarding compliance of its Ambulatory Surgery Centers

Significant Pro Bono Experience

  • Obtained a new trial for a pro bono client wrongfully convicted of first-degree murder at age fifteen
  • Successfully represented asylum applicants facing political persecution in Rwanda, obtaining asylum for both
  • Obtained lawful permanent residence for a pro bono client from Guatemala under the Violence Against Women Act

Bar Qualification

  • Illinois
  • California
  • District of Columbia

Education

  • JD, Harvard Law School, 2008
    cum laude
  • Bachelor of Business, University of Michigan, 2005