Hon. Janice M. Symchych (Former)

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Health Care

Hon. Janice M. Symchych (Former) is a nationally recognized expert on health care litigation with a special emphasis in qui tam matters and settlement of major enforcement actions. Judge Symchych brings more than thirty years of experience as an Assistant United States Attorney, Federal Magistrate Judge, private practitioner, and litigation head of a Fortune 200 medical device manufacturer prior to her JAMS practice.

She is the lead author of Settlement of Major Healthcare Enforcement Litigation: A Probing and Frank Analysis of the Competing Variables, The Health Lawyer, ABA Health Law Section, Vol. 25, No. 3 (Feb. 2013).

Representative Matters

  • Active in development of health care law since early 1980s as Assistant United States Attorney, when FBI targeted and trained on health care fraud as a priority. In private practice, defended several major university and hospital health systems in the OIG PATH audits, and Medicare coding investigations.
  • Lead outside counsel on high profile major university parallel proceeding involving allegations of NIH grant fraud, FDA investigational drug, clinical studies, and informed consent violations with 13 parallel proceedings, including criminal grand jury, qui tam with intervention by DOJ, and regulatory enforcement, employment, and internal tenure proceedings. Conducted global resolution of matter, including negotiations with DOJ civil fraud, U.S. Attorney criminal division, NIH, and private parties.
  • Dozens of health care qui tams, both as lead outside counsel and as deputy general counsel for Fortune 200 company. Subjects include Alleged Stark, clinical study, off-label promotion, kickback, and FDA regulatory violations. Work has included dispositive motions strategy, idiosyncratic defenses under the False Claims Act, damages assessments and arguments, self reporting and CIA considerations, joint defense issues, industry wide investigations, and negotiation of resolutions.
  • Expertise in organizational versus individual liabilities, recent applications of the Responsible Corporate Officer doctrine, and OIG-HHS threatened executive exclusion penalties
  • Representation of hospital systems in panoply of litigation and internal investigation matters, and of individual physicians and providers in specific items, all as private practitioner
  • Expertise in establishing, improving, and coordinating with health care compliance systems

Honors, Memberships, and Professional Activities

  • Co-Author, What Is…ADR in Health Care Disputes?, ABA Book Publishing (Health Law Section), 2015
  • Awards during private practice:
    • Chambers USA, American Leading Lawyers for Business
    • Best Lawyers in America
    • National Federal Investigators Award
    • Minnesota Civil Litigation Award
    • Fellow, American Bar Association
  • Alternative Dispute Resolution (prior to going in-house)
    • Member CPR Roster of Distinguished Neutrals
    • AAA Roster of Commercial Litigation Neutrals; Appointed Arbitrator for Pan American Games (IOC)
    • Manville Trust, National Panel of Arbitrators & Mediators
  • Judicial System
    • Eighth U.S. Circuit Court of Appeals Advisory Committee, 1998-2005
    • Eighth U.S. Circuit Court of Appeals Gender Fairness Task Force, 1993-1998
    • U.S. District Court MN Local Rules Committee, 1990-2003 
    • U.S. District Court MN Ombudsman for Employees, 1997-2003
    • State of Minnesota Judicial Selection Commission, 1999-2001 
    • MN Supreme Court Gender Fairness Task Force, 1987-1990
  • Bar Associations: Fellow of American Bar Association; General Counsel Roundtable; ACC; MN State Bar Association (Past Chair Civil Litigation Section and Women in Legal Profession Task Force)
    • Various health law and criminal law specialty organizations 
  • Legal Teaching
    • Adjunct Professor, White Collar Criminal Justice Studies including Healthcare Fraud, University of Colorado School of Law, Boulder, CO
    • Adjunct Faculty, University of Colorado Law School, 2014
    • Former Trial Skills Instructor, National Institute of Trial Advocacy (NITA)
    • Minnesota Trial Advocacy Institute (Founder of organization)
    • U.S. Department of Justice Advocacy Institute
    • Former Adjunct Professor, William Mitchell College of Law
    • Frequent Speaker on Litigation Topics such as the 2009 Chief Litigation Officers Conference and Keynote Address on Multidistrict Litigation Strategies

Background and Education

  • Deputy General Counsel-Litigation, Medtronic, Inc., 2005-2010
  • Partner, Halleland, Lewis, Nilan & Johnson LLP, 2003-2005
  • Partner, Dorsey & Whitney LLP, 1989-2003
  • United States Magistrate Judge, District of Minnesota, 1985-1989
  • Assistant United States Attorney, District of Minnesota, 1981-1985
  • Assistant Hennepin County Attorney, Minneapolis, Minnesota, 1977-1981
  • J.D., magna cum laude, William Mitchell College of Law, 1977 (Valedictorian)
  • B.A., magna cum laude, University of Minnesota, 1973

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