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Morgan Lewis
Hillyer

Rebecca J. Hillyer

Partner

rebecca.hillyer@morganlewis.com

Philadelphia Phone +1.215.963.5160 Fax +1.215.963.5001

1701 Market St.//Philadelphia, PA 19103-2921//United States

A white collar and commercial litigator, Rebecca J. Hillyer concentrates her practice on False Claims Act (FCA), Anti-Kickback Statute (AKS) and qui tam litigation, and related State Attorneys General litigation. Becca regularly counsels and defends major pharmaceutical and healthcare companies facing multistate, multi-agency or parallel government investigations and litigation. Becca is a member of the firm’s Pro Bono Committee.

selected representations

Civil Fraud/False Claims Act/Qui Tam Litigation

  • National counsel for pharmaceutical manufacturer in In re: National Prescription Opiate Litigation (N.D. OH), and in federal and state courts across the country, defending against claims based on allegedly fraudulent promotion of opioids
  • Defends international and national pharmaceutical companies in numerous False Claims Act, Anti-Kickback Statute, and qui tam matters
  • Defends global logistics company in False Claims Act qui tam litigation
  • Defended national drugstore chain in False Claims Act qui tam litigation and state Attorney General litigation
  • Defended global medical device manufacturer against claims related to alleged bribery
  • Defended global pharmaceutical companies in various cases filed by state Attorneys General pursuant to state unfair trade practices acts, resulting in favorable settlements
  • Defended a global financial services firm against civil RICO claims relating to alleged mortgage fraud in Pennsylvania federal court; following oral argument on the motion to dismiss, the court dismissed all claims against the client

Complex Commercial Litigation

  • Representation of a global health insurance and health service company in “bet the company” complex civil litigation, resulting in a favorable settlement
  • Defended a global spinal and orthopedic implant manufacturer against claims of unfair competition, misappropriation of trade secrets, and tortious interference in federal court in New Jersey and Delaware state court, asserted by industry competitors, ultimately resulting in favorable settlements
  • Defended a global player in the consumer money transfer services industry against breach of contract claim; after aggressively pursuing counterclaims such as fraud and misappropriation of trade secrets and proceeding through discovery, obtained favorable settlement
  • Defended the owner of a national chain of restaurants and bars in post-acquisition indemnity dispute, resulting in a favorable settlement

Products Liability

  • Represents international orthopedic implant manufacturer in numerous cases concerning product liability allegations
  • Defended global medical device manufacturer against product liability claims, resulting in dismissal on the basis of federal preemption
  • Defended an international heavy equipment manufacturer in Pennsylvania state court against product liability claims relating to an accident involving the client's industrial machinery, culminating in dismissal of all claims following plaintiff's case-in-chief at trial

Awards and Affiliations

Recognized, Criminal Defense: White-Collar, Philadelphia, The Best Lawyers in America (2022, 2023)

Member of the Board of Directors, Pennsylvania Prison Society

Named 2014 Pennsylvania Product Liability Department Of The Year by The Legal Intelligencer

Listed, The Legal 500 US for Dispute Resolution – White Collar Criminal Defense (2016)

Former Member of the Board of Directors, Special Olympics Pennsylvania

Comment Editor, Journal of Labor and Employment Law

Member, American Bar Association

Member, Pennsylvania Bar Association

Member, Philadelphia Bar Association

Barrister, University of Pennsylvania American Inn of Court 

Admissions

  • Pennsylvania
  • US Court of Appeals for the Third Circuit
  • US District Court for the Eastern District of Pennsylvania
  • US District Court for the Western District of Pennsylvania
  • US District Court for the Eastern District of Michigan

Education

  • University of Pennsylvania Law School, 2003, J.D.
  • University of Michigan, 2000, B.A., High Honors, High Distinction, Phi Beta Kappa

Sectors

  • Life Sciences

Services

  • White Collar Litigation & Government Investigations
  • Commercial Litigation
  • Product Liability & Mass Torts
  • False Claims Act & Qui Tam Litigation
  • Foreign Corrupt Practices Act & Global Anti-Corruption
  • State Attorneys General
  • Corporate Ethics & Compliance

Regions

  • North America

Events

1/7/2021 - Enforcement Outlook 2021: Consumer Protection
12/14/2020 - Navigating the NEXT. Enforcement Outlook 2021
5/28/2020 - Operating in Latin America in the Wake of COVID-19
5/6/2020 - Ready for Questions: Interacting with State AGs on Enforcement Inquiries Arising from COVID-19 Pandemic
2/28/2019 - Federal Bar Association's 2019 Qui Tam Conference
1/29/2018 - ACI 5th Advanced Forum on False Claims & Qui Tam Enforcement
5/11/2017 - 2017 Food & Beverage Industry Roundtable

News

1/12/2021 - All Signs Point to Aggressive Consumer Protection Under Biden, Compliance Week
7/2/2012 - Morgan Lewis Promotes Twelve Lawyers to Partnership

Publications

November 2022 - State Attorneys General Post-Election Report 2022
9/7/2022 - State Actions May Create Litigation and Investigation Risk for Financial Services Firms at a Politicized Time
1/20/2021 - Q&A: Consumer Protection Outlook Under the Biden Administration
3/25/2020 - Price Gouging, Potential Class Action, and UDAP Activity
3/23/2020 - Price Gouging in the Time of COVID-19
1/25/2018 - DOJ Memorandum Supports Government Dismissal of Qui Tam False Claims Act Cases
7/12/2016 - Supreme Court in Escobar Imposes Conditions on Applying Implied Certification Theory in False Claims Cases, BNA's Medicare Report
6/16/2016 - US Supreme Court Opines on Implied Certification Theory in Escobar
5/5/2016 - Mandatory FCA Per Claim Penalties Dramatically Increased from $11,000 to $21,563
4/20/2016 - US Supreme Court Hears Oral Argument on Viability of FCA’s Implied Certification Theory
12/9/2015 - US Supreme Court to Decide Fate of FCA’s Implied Certification Theory
6/12/2013 - M&A Hot Topics: Trends in Deal Terms and the Latest Post-Closing Data