1701 Market St.\\Philadelphia, PA 19103-2921\\United States
Lisa C. Dykstra represents clients in internal and government investigations and complex civil and criminal litigation in federal and state courts throughout the United States. Lisa’s practice focuses primarily on defending pharmaceutical manufacturers, medical device companies, and other healthcare companies and executives in all stages of criminal and civil investigations and litigation. Her matters routinely involve cases arising under the False Claims Act (FCA), the Foreign Corrupt Practice Act, the Food Drug and Cosmetic Act, the Anti-Kickback statutes, and the Medicaid Rebate Statute. Lisa also has experience in class action litigation, antitrust litigation and complex commercial litigation. In addition, Lisa routinely advises on complex compliance issues, corporate integrity agreements, and supervises compliance audits.
A former Assistant United States Attorney, Lisa’s representation of pharmaceutical manufacturers and other healthcare and technology organizations most frequently involve issues relating to global product marketing and promotional activities, FDA regulations, global bribery and corruption charges, federal and state pricing regulations, securities fraud, antitrust violations and commercial bribery. She also represents individuals, including executives and board members, involved in white-collar investigations and litigation. Lisa has negotiated and monitored compliance agreements with the US Department of Health and Human Services Office of Inspector General and the State Attorneys General.
In addition, Lisa serves as the National Discovery Counsel to a major pharmaceutical client managing and counseling on complex discovery strategy across their portfolio of litigation and investigations. In this role, she manages the strategy across products liability matters, government investigations, civil litigation and patent litigation to ensure consistent advocacy and positions. As part of this role, Lisa oversees an ediscovery team responsible for end-to-end document discovery.
Lisa handles a variety of pro bono matters, has served on the Criminal Justice Act Panel for the US District Court for the Eastern District of Pennsylvania, and is a participant in the Pennsylvania Innocence Project. In addition, Lisa serves on the Vetri Community Partnership Board of Directors and the WXPN Board of Directors.
Lisa regularly lectures on FCA litigation, compliance issues, white collar crime, ethics, and internal investigations. She frequently participates in seminars and advises in-house counsel on managing internal investigations, creating and implementing compliance programs, and decision-making around indemnifying employees. Lisa is also a frequent panelist at educational events.
Healthcare Fraud and Abuse
Defends pharmaceutical industry cases involving a broad array of issues, including off-label promotion, marketing practices, clinical trials and disclosures, regulatory submissions, pharmaceutical pricing (average manufacturer price/best price), Anti-Kickback Act, drug switching, and drug packaging.
Represents major pharmaceutical manufacturers in internal investigations, civil and criminal federal and state investigations, and civil litigation involving allegations of improper promotional practices and off-label marketing.
Represented a major medical device manufacturer in a criminal investigation involving allegations of the sale and distribution of adulterated products and negotiated non-prosecution agreement and compliance program.
Represented a major pharmaceutical company in a federal investigation related to compliance with Poison Prevention Packaging Act.
Conducted numerous internal investigations related to potential fraud and abuse, off-label marketing, improper pricing practices, clinical study programs, and advised on voluntary disclosures of potential healthcare fraud and abuse issues.
Negotiated a $399 million global federal and state settlement for a major pharmaceutical manufacturer arising from allegations of improper promotional and pricing practices.
Negotiated a $250 million global federal and state settlement for a major pharmaceutical manufacturer arising from allegations of improper pricing practices and best price violations.
Obtained declinations of prosecution in civil healthcare fraud investigations for major pharmaceutical manufacturers involving allegations of improper pricing, promotional, and marketing practices.
Negotiated Corporate Integrity Agreements for a major pharmaceutical manufacturer and implemented extensive compliance programs.
Represented a home health agency in connection with federal investigation and settlement of fraud and abuse allegations and negotiated corporate integrity agreement.
Represented a major pharmacy benefit manager (PBM) in a federal investigation and resulting litigation relating to drug pricing and intervention programs.
False Claim Act/ Qui Tam Litigation
Lead defense counsel in numerous False Claims Act and qui tam matters throughout the United States.
In healthcare matters, defended major pharmaceutical manufacturers, pharmacies chains, a national dental practice, home health care agencies, medical device companies, and individuals in civil and criminal matters involving allegations of improper marketing practices, pricing practices, misbranding, and the distribution of adulterated products.
Defended a major technology company in multiple federal FCA investigations resolved through declinations and settlements related to government contracting and pricing.
Represented a major pharmaceutical company in qui tam litigation related to compliance with federal packaging provisions.
Litigated non-intervened qui tam cases involving major pharmaceutical manufacturers to successful conclusions.
Conducted internal investigations for pharmaceutical and medical device manufacturers relating to whistleblower allegations and conducted negotiations with DOJ to resolve claims through declination.
Defends leading pharmaceutical manufacturer against putative class action allegations alleging Sherman Act Section 2 violations and related state law claims.
Defending generic pharmaceutical supplier in multidistrict price-fixing cases and related government criminal investigations.
Defending generic pharmaceutical supplier in FCA investigation related to price-fixing.
Serves as National Discovery Counsel for a major pharmaceutical manufacturer across a portfolio of litigation and investigations.
Advises pharmaceutical manufacturers on global discovery strategy in white collar investigations, product liability litigation, and commercial litigation.
Government Contract Fraud
Represented a major technology company in multiple federal government contract investigations and litigation, resolved through settlements and declinations.
Negotiated corporate integrity agreements and compliance programs for major pharmaceutical manufacturers.
Conducts compliance training and oversight for corporate integrity agreements, reportable events, and global compliance programs.
Developed and conducted annual audit programs for sales and marketing activities.
Provided guidance on implementation of routine compliance monitoring and investigation protocols.
Represents pharmaceutical and device manufacturers in connection with federal and state grand jury subpoenas.
Awards and Affiliations
Influencer of Law, White Collar, The Philadelphia Inquirer (2019)
Recommended as a future star for Pennsylvania in Benchmark Litigation (2010–2014, 2017, 2018)
Named 2014 Pennsylvania Product Liability Department Of The Year by The Legal Intelligencer
Member, The Wistar Institute Leadership Council
Board Member, Vetri Community Partnership
Board Member, WXPN
Former Member, Board of Directors, The Miquon School
Member, American Bar Association, Criminal Justice Section White Collar Crime Committee
Served on Criminal Justice Act Panel
Member, Villanova Law Review
US Court of Appeals for the Third Circuit
US District Court for the Eastern District of Pennsylvania