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Paul W. Shaw

Partner
+1.617.261.3111
Fax +1.617.261.3175

Paul W. Shaw is a partner in the litigation department of K&L Gates. Mr. Shaw has a national health care fraud and abuse practice, and has represented numerous health care clients involved in criminal and civil fraud and abuse investigations by the federal government and state Medicaid Fraud Control Units in Massachusetts and elsewhere in the United States. These clients include pharmaceutical service providers, hospitals, physicians, medical practice groups, behavioral health providers, clinical laboratories, durable medical equipment suppliers, home health agencies and other health care providers. He has acted as counsel to a number of organizations, including the Massachusetts Medical Society, The New England Journal of Medicine, the New England Medical Equipment Dealers Association, and the Home & Health Care Association of Massachusetts. Mr. Shaw was recently recognized for his work in the health care fraud and compliance area as one of the top ten health care fraud and compliance lawyers by Nightingale's Healthcare News in 2010.

Mr. Shaw also has an active government investigations, civil litigation and white collar criminal defense practice, having successfully tried numerous cases in state and federal court involving health care, securities and insurance fraud, product liability, breach of contract and personal injury claims. Additionally, he has argued in excess of 18 cases to appellate courts.

Professional Background

After graduating from Georgetown University Law School in 1975, Mr. Shaw served an Assistant Attorney General in the Criminal Bureau of the Massachusetts Department of the Attorney General from 1975 to 1982, where he was Chief of the Regulatory Crimes Unit that prosecuted economic crimes and offenses affecting state administrative agencies, including insurance, banking and tax fraud as well as hazardous waste prosecutions.

Achievements

  • Consistently listed by Chambers USA America’s Leading Lawyers for Business for regulatory health care litigation
  • Selected for inclusion in Best Lawyers 2014 edition for health care law

Professional/Civic Activities

  • Editorial Advisory Board, AHLA’s Federal Health Care Laws & Regulations
  • Adjunct Professor, Suffolk University Law School, where he has taught a course on Health care Fraud and Abuse since 1999
  • Member, American, Massachusetts and Boston Bar Associations
  • Member, American Health Lawyers Association
  • Former Vice-Chair, Medicine and Law Committee of the Tort and Insurance Section of the ABA
  • Former Chair, Health Law Section Council of the Massachusetts Bar Association
  • Active rower in the Cambridge Boat Club, and has participated as an umpire and rower in the annual “Head of the Charles” regatta for a number of years

Speaking Engagements

Mr. Shaw regularly speaks on the topic of healthcare fraud and abuse to the American Health Lawyers Association and various bar and trade associations.

Additional Information

Publications
  • Co-author, Fraud & Abuse Investigations Handbook for the Health Care Industry (American Health Lawyers Association) 
  •  Co-author, Avoiding Fraud and Abuse in the Medical Office (AMA/AHLA)
  • Co-author, "Business Valuation Damages" in Massachusetts Expert Witnesses, (MCLE)
  • Co-author, "Proceedings Before the Office of Campaign and Political Finance," in Massachusetts Election Administration, Campaign Finance and Lobbying Law, (MCLE)
  • Numerous health care articles in various professional journals and trade association publications
  • Represents the former chief pharmacist at the New England Compounding Pharmacy, which is the focus of federal and state investigations for a fungal meningitis outbreak that allegedly caused 64 deaths and hundreds of hospitalizations.
  • Successfully resolved a number of qui tam False Claims Act cases brought against a national pharmaceutical service company following criminal and civil investigations by the Department of Justice and state Medicaid Fraud Control Units.
  • Represents a major academic medical center during government investigations for alleged False Claims Act and regulatory violations.
  • Represents The New England Journal of Medicine in a variety of mass tort litigations where the parties seek materials relating to scientific studies and articles published in the Journal. See, e.g., In Re Bextra And Celebrex Marketing Sales Practices And Product Liability Litigation, 249 F.R.D. 8 (D. Mass. 2008).
  • In a case of first impression with significant potential ramifications, representing a neurologist sued by a consortium of health insurance companies for engaging in alleged illegal marketing practices on behalf of a national pharmaceutical manufacturer by promoting the off-label use of a major drug at medical education conferences.
  • Successfully defended at trial a multi-specialty medical group practice in a state court lawsuit against claims by a competitor for unfair competition and violation of the federal "Stark" law.
  • Lead attorney for national stored-value card issuer in challenging the authority of states to regulate gift cards issued by federally chartered banks, resulting in a ruling of first impression that such gift cards are pre-empted by federal law from state regulation. SPGGC, LLC, et al v. Kelly Ayotte, Attorney General, 488 F. 3d 525 (1st Cir. 2007).
  • Lead trial counsel with Brown Rudnick banking attorneys for the Ad Hoc Committee of Trade Creditors in the MCI/World Com Chapter 11 cases in the Bankruptcy Court for the Southern District of New York, in which the clients successfully increased their plan recoveries by 50%.
  • Successfully tried on behalf of the country’s largest baking company a $3.4 million contract dispute in Massachusetts federal district court.
  • Successfully represented a national chain of restaurants in class action litigations in federal court in Boston and Philadelphia for violation of the Fair Credit Reporting Act.
  • Obtained an acquittal on state criminal securities fraud and related charges for an individual involved in a foreign currency trading operation.
  • Developed a model fraud and abuse compliance program for the Massachusetts Medical Society and implemented numerous compliance programs for hospitals, medical practices, home health agencies and durable medical equipment suppliers. Mr. Shaw also acts as compliance counsel to these entities.