Andrew J. Hoffman

Los Angeles

Andrew Hoffman, a partner at DLA Piper, is known for defending life sciences companies against whistleblower lawsuits under the False Claims Act and state laws. His role has him representing clients during inquiries by the Securities and Exchange Commission, U.S. attorney's offices, and state attorneys general.

One of his recent major victories was for his client, Adamas Pharmaceuticals. United States ex rel. Silbersher v. Allergan PLC et al. 21-15420 (9th Cir. 2022).

In this novel FCA lawsuit, he successfully moved to dismiss the complaint under the FCA's public disclosure bar, leading to its eventual dismissal with prejudice. This case dealt with allegations of Adamas procuring patents via fraud and causing overpayments by Medicare and Medicaid for branded drugs.

"In the Silbersher case, we had to overcome a very unfavorable district court decision denying our motion to dismiss based on the public disclosure bar," Hoffman said. "Rather than capitulate and launch full-blown discovery, we advanced our client's interests by successfully convincing the district court to stay discovery and certify his ruling for immediate appellate review. Then, we persuaded the Ninth Circuit to consider our appeal on an interlocutory basis. Once we managed to get before the Ninth Circuit, we convinced our three-judge panel to reverse the district court, on a unanimous basis, in a case that the panel itself acknowledged raised issues of 'first impression' under the FCA."

Another major case Hoffman led was concerning Pfizer, Inc. in a FCA case. United States ex rel. Brook Jackson v. Ventavia Research Group, LLC et al., (E.D. Tex., filed Jan. 8, 2021).

The whistleblower alleged improper conduct in Pfizer's COVID-19 vaccine clinical trials. The case, which attracted considerable attention, was dismissed following the government's statement of interest supporting the dismissal.

Hoffman's success in these cases is particularly significant in the realm of FCA litigation. He has been addressing novel issues concerning the scope of the public disclosure bar post-2011 amendments, creating important precedents for FCA litigants nationwide. These cases demonstrate his ability to tackle complex legal challenges, including convincing the Ninth Circuit to consider appeals on an interlocutory basis and reversing unfavorable district court decisions.

In addition to his legal practice, Hoffman is committed to pro bono work, particularly in representing veterans and handling immigration matters. He has successfully assisted veterans in filing Combat-Related Special Compensation applications and represented unaccompanied minors seeking legal status in the U.S.

He said one important issue facing FCA litigators has to do with the constitutionality of the "qui tam" procedure, by which private individuals are permitted to litigating claims on behalf of the United States even if the Department of Justice has decided not to pursue them. Hoffman then referenced a Supreme Court opinion.

"In the aftermath of Polansky, FCA defendants have started to raise these constitutional challenges to qui tam litigation with greater frequency and the Courts of Appeal -- and possibly the Supreme Court -- may need to get involved to resolve this issue," he said.