Ms. Kiehn is a counsel in the firm’s Litigation Department, based in the New York office. Her practice focuses on healthcare-related enforcement, ...
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Experience
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Healthcare & Life Sciences
- A leading operator of senior living retirement communities in state administrative and Congressional inquiries relating to COVID-19.
- A prominent company in the health care industry in a DOJ criminal investigation into certain billing practices.
- A transnational shipping operator in obtaining dismissal of a False Claims Act lawsuit relating to U.S. Department of State transportation services.
- A prominent hospital in reviewing and advising on conflicts-of-interest matters.
- A major pharmaceutical company in defeating nine motions to certify classes of consumers and third-party payors and obtaining dismissal of all remaining claims in MDL actions alleging RICO and consumer fraud violations based on alleged fraudulent promotion of antidepressants.
- A major pharmaceutical company in obtaining dismissal of qui tam action relating to marketing of prescription drug due to unethical behavior by relator’s counsel. In its dismissal, the district court, in addressing a novel legal issue, admonished counsel for obtaining medical information from physicians by engaging in “an elaborate scheme of deceptive conduct.”
- A major pharmaceutical company in obtaining dismissal of state law claims in First Circuit decision marking the first time since Wyeth v. Levine that a federal appellate court dismissed claims against a brand-name drug manufacturer pursuant to the “impossibility” preemption doctrine.
- A major pharmaceutical company in civil and criminal investigations led by DOJ and the U.S. Attorney's Office (D. of Mass.), and related qui tam litigation, regarding marketing, promotion, and sale of three drugs.
- A major pharmaceutical company in investigation led by DOJ and the U.S. Attorney's Office (E.D. of Wisconsin) relating to speaker programs involving three prescription drugs.
- A major pharmaceutical company in investigation led by DOJ and the U.S. Attorney’s Office (D. Mass.) relating to marketing of cardiovascular drugs.
- A national pharmacy chain in investigation led by the U.S. Attorney’s Office (SDNY) relating to billing practices.
- A major pharmaceutical company in obtaining dismissal of qui tam action alleging kickbacks paid to physicians in connection with marketing of several drugs.
- A major U.S. hospital network in defending multiple class action complaints filed in several states alleging wrongful billing practices.
- A multinational healthcare company executive in investigations led by DOJ, the U.S. Attorney’s Office (E.D. Pa.), and U.S. Congress arising from consumer product recalls.
- A major pharmaceutical company in negotiating, implementing, and facilitating ongoing compliance with Corporate Integrity Agreement.
- A multinational pharmaceutical company’s Board of Directors in conducting several Compliance Program effectiveness reviews to support Corporate Integrity Agreement obligations.
- The Board of Directors of a leading medical device manufacturer in conducting several Compliance Program effectiveness reviews to support obligations under a plea agreement.
- The CEO and Chief Compliance Officer of a global pharmaceutical company in meeting obligations under a Corporate Integrity Agreement.
- A health insurer in reviewing and advising on its Medicare risk adjustment program.
- A pharmaceutical company in providing compliance advice relating to marketing of drugs for rare diseases.
- A global pharmaceutical company in conducting internal assessment of senior executives’ role in Compliance Program.
- A class of inmates in New York City jails as class counsel asserting claims regarding the manner in which the City discharged from custody inmates who receive treatment for mental illness while incarcerated in City jails.
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Other
- Yardi in an action which alleges a hub-and-spoke price fixing conspiracy between Yardi, a property management software company, and property management companies that use Yardi’s software.
- Yardi and its subsidiary RentGrow in obtaining the successful grant of a Rule 23(f) petition and in a significant class action win with the Fourth Circuit reversing a decision granting nationwide class certification.
- Multiple financial services companies in MDL class actions relating to the MOVEit data breach.
- KeyBank in an MDL stemming from a cybersecurity attack at one of its vendors.
- Paysafe Group Plc in a putative class action complaint filed in the Northern District of California alleging violations of the California Consumer Privacy Act and related claims resulting from a data breach that may have exposed customer data.
- Columbia University in federal class actions regarding US News & World Report rankings.
- An investment management firm in litigating fraud claims and pursuing judgment enforcement remedies in connection with a real estate loan.
- Prominent financial services firms in responding to third party subpoenas arising from securities class action lawsuits.
Education
- Fordham University School of Law, 2000, J.D.
- New York University, 1996, M.A.
- Smith College, 1992, B.A.