Paul Dueffert has been a litigation partner since 1999. For the last 15 years, Paul’s practice has largely focused on addressing the problems of health care companies, defending commercial, qui tam, and mass tort litigation for brand name and generic pharmaceutical manufacturers.
Paul has most recently served as national counsel to a major generic drug company in the Average Wholesale Price (AWP) pharmaceutical pricing litigation based on allegations of Medicaid fraud, Consumer Protection Act violations, and antitrust violations. This involved the defense of numerous individual cases brought by state Attorneys General in Alabama, Alaska, Hawaii, Illinois, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Mississippi, South Carolina, Texas, and Utah, as well as multiple actions brought by private relators under federal and state False Claims Acts.
Paul’s other work includes sensitive internal investigations, favorable verdicts in five Baycol trials in Mississippi, the trial in the Court of Federal Claims of a Winstar case against the federal government, and the successful defense of claims exceeding $800 million against the officers of a Texas savings and loan association.
Paul also has extensive experience in media law, representing members of the press and other clients in libel cases and disputes involving privacy, copyright, trademark, and commercial appropriation.
Paul currently serves on the Advisory Council of the Catholic Charities Legal Network of the Archdiocese of Washington and on the U.S. Army Corps of Engineers Advisory Board for the Formerly Used Defense Site at Spring Valley, Washington.
Though all cases vary and none is predictive, Paul’s experience includes:
- Administrative Law. Court challenges to FDA’s Orphan Drug Rule and HUD’s Disparate Impact Rule.
- Congressional Investigations of pharmaceutical marketing and pricing practices.
- Criminal Investigations of allegations concerning toxic torts, financial malfeasance, and theft of federal property. The latter matter directly implicated difficult issues of Sarbanes-Oxley compliance.
- False Claims Act. National counsel for generic drug manufacturer in Average Wholesale Price (AWP) litigation based on allegations of Medicaid fraud, Consumer Protection Act violations, and antitrust violations. Represented client in courtrooms across the country. Negotiated resolutions of twenty major cases brought by Attorneys General and/or qui tam relators, including $154 million settlement with Department of Justice.
- Financial Litigation including actions arising from failed thrifts and trading in collateralized debt obligations, and a plaintiff-side malpractice suit against a prominent investment bank. One of these cases involved the longest trial in firm history, a bench trial that lasted almost two years.
- Trademark and Copyright Litigation involving the marketing of “natural” lutein, as well as numerous minor trademark and copyright battles.
- International Disputes involving drug development (Germany), medicinal raw materials (Uruguay), business partnerships and trade secrets (Russia and Italy), and defamation (the UK).
- Libel and Privacy. Outside counsel in the 1990s for a national tabloid newspaper associated publications. Led prepublication review team. Defended numerous lawsuits involving alleged defamation, invasion of privacy, and commercial appropriation. Plaintiffs included Clint Eastwood, Liz Taylor, Roseanne Barr, and Kathie Lee Gifford.
- Mass Tort. National counsel experience in Baycol®, Vioxx®, and fen-phen litigations, each of which involved tens of thousands of lawsuits. Oversaw efforts of numerous local counsel and managed trial teams that, with respect to Baycol®, won five defense verdicts in jury trials in the Deep South, contributing substantially to the highly successful resolution of the overall litigation.
- Real Estate Litigation involving land valuation, development partnerships, and license agreements.