Karen P. Hewitt

SAN DIEGO - As a federal prosecutor in San Diego for 19 years, including serving as the U.S. attorney there from 2007 to 2010, Karen P. Hewitt oversaw many matters alleging violations of the Controlled Substances Act.

Now, in addition to being the partner in charge of Jones Day's five California offices, she is defending Walmart against a Justice Department enforcement action under the same act.

She also has been leading the defense of the retail giant in hundreds of civil actions brought by local governments over the opioid epidemic, including in the multidistrict litigation in Cleveland. Last month, the company agreed to a $3.1 billion settlement with all 50 states. "It's a big achievement to reach a point where these cases can be resolved and move forward," she said.

Attorneys from WilmerHale handled the negotiations, she said. "We've been fighting the fight in court."

But the Justice Department action is something very different. It accuses Walmart pharmacies of violating the Controlled Substances Act hundreds of thousands of times by illegally filling opioid prescriptions. Civil penalties "could total in the billions of dollars," the department said when announcing the lawsuit. U.S. v. Walmart, 1:20- cv-01744 (D. Del, filed Dec. 22, 2020).

Noting that last month, the Justice Department filed a similar case against Amerisouce Bergen, Hewitt said more of the unusual actions may be coming. "We're sort of leading the way with Walmart," she said.

The problem is "the government has it all wrong," she said. The U.S. Supreme Court ruled in June that to be charged with violating the act, pharmacists must have knowingly fulfilled illegal prescriptions. "But that's a really high standard," Hewitt said. "We know it didn't happen."

The department is arguing for a lower level of proof, she said. The case could set an important threshold.

In another important case, Hewitt is defending Abbott Labs in a whistleblower False Claims Act case over its initial marketing of its MitraClip, which turns open heart surgery to repair a leaky heart valve into a much less invasive procedure conducted through a vein.

"It's a medical device that saves lives," she said. "I'm honored to represent the company, and we're going to fight this to the end because we feel so strongly about the case." U.S. v. Abbott Laboratories, 3:20-cv-00286 (S.D. Cal., filed Feb. 14, 2020).

Hewitt said that what she learned during her three years as the U.S. attorney helps her as the Jones Day partner overseeing the firm's California offices. She focuses on recruiting, team building, associate mentoring as well as finances. "We finished 2022 with one of our best years ever."