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Lowenstein Sandler LLP

Scott B. McBride

Scott B. McBride

Partner

Lowenstein Sandler LLP
New Jersey, U.S.A.

tel: 973.597.6136
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Local Time: Fri. 04:03

Profile

Scott has what white collar defendants need most: a deep understanding of how the system works. An Assistant U.S. Attorney for over a decade, he combines that knowledge with formidable courtroom skill to provide clients with a defense that is equal parts judicious and tenacious.

Scott focuses his practice on matters of government, securities, financial, and health care fraud; Foreign Corrupt Practices Act violations; and civil business litigation, leveraging the experience gained from more than 10 years in the U.S. Attorney's Office in Newark, New Jersey. He investigated and prosecuted a broad range of white collar criminal offenses there, serving as Deputy Chief of the Economic Crimes Unit and as a member of the Health Care & Government Fraud Unit. He also prosecuted numerous cases involving cybercrime, identity theft, and intellectual property-related offenses, as well as tax evasion and public corruption.

Scott also has significant civil litigation experience in both the private and public sectors.

Prior to joining the U.S. Attorney's Office, Scott completed federal clerkships under the Honorable Jose L. Linares and the Honorable Ronald J. Hedges, both of the United States District Court for the District of New Jersey.

Bar Admissions

    New York
    New Jersey
    District of Columbia

Education

Georgetown University Law Center (J.D. 2002)
Georgetown University, School of Business (B.S. 1997), Finance and Government
Areas of Practice
Professional Career

Significant Accomplishments

Represented manufacturing company in investigation by Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Bergen County Prosecutor’s Office in relation to nine-alarm fire at New Jersey factory.

Represented a multinational pharmaceutical and life sciences company in an internal investigation concerning internal marketing and promotions policies. 

Represented a multinational medical device company in connection with False Claims Act allegations concerning Medicare billing. Negotiated a favorable settlement with the Department of Justice and the Office of the Inspector General without any admission of liability.

Represented a large national charitable organization in connection with a potential dispute with the State of New Jersey over millions of dollars in Medicaid funding. Obtained a complete Medicaid waiver with no adverse consequences for the organization.

Represented a marketing executive at a medical device company in connection with a Department of Justice investigation into allegations of widespread and unlawful kickbacks and off-label marketing. Successfully negotiated and obtained a rare non-prosecution agreement from the Department of Justice.

Defended otolaryngologist medical practice against investigative findings by Horizon NJ Health of improper and inaccurate billing, negotiating a settlement with 40-percent reduction in HNJH’s overpayment demand and no referral to state Medicaid Fraud Control Unit (MFCU).

Represented a health care professional accused of inappropriate conduct with an employee. Conducted an internal investigation and interfaced with investigators and prosecutors. The enforcement agency ultimately terminated the investigation without charges within a matter of weeks.

Represented pharmaceutical company marketing director in civil dispute in Superior Court of New Jersey, Hunterdon County. Client was sued by her former accountant and attorney in relation to a fees dispute. Successfully moved to dismiss complaint, obtaining a dismissal with prejudice. 

Obtained dismissal in Criminal Court of the City of New York, New York County, of Class A Misdemeanor assault charges.

Provided pro bono representation of a former child soldier from Sierra Leone whose naturalization application was denied. Obtained a reversal of the U.S. Citizenship and Immigration Services denial and citizenship for the client.

Provided pro bono representation of a Nigerian Christian asylum applicant denied admission to the United States. Successfully won an asylum appeal before the Board of Immigration Appeals.

Speaking Engagements

Lowenstein Sandler is hosting a breakfast seminar entitled "The False Claims Act – Recent Developments, Best Practices, and Pursuing Insurance To Manage the Risk." Scott McBride, Andrew Reidy, and Joe Saka will address precautionary steps companies can take to comply with the FCA, tips for strategically responding to a government investigation, and how businesses may be able to utilize insurance coverage to manage the risk of FCA claims. The seminar will also highlight the intricacies of the FCA and emerging trends, including the surge in well-funded whistleblowers with sophisticated counsel, the targeting of individual officers and directors, and the increased exposure of financial intuitions and financial services companies.

Scott McBride will participate in a webinar entitled "How to Effectively Deal with SEC Investigations and Enforcement Actions in 2017" presented by The Knowledge Group. Scott and lawyers from Allen & Overy, Pepper Hamilton, and Jenner & Block will discuss SEC enforcement trends, recent SEC enforcement actions, new SEC guidance on cooperation in investigations and enforcement actions, significant issues for financial statement disclosures and best practices in developing an effective compliance program, among other topics.

Scott McBride will speak on the panel discussion "Being the Focus of a Government Investigation" and present "Health Care Fraud Sentencing, Penalties, Damages & Other Considerations" at the Seton Hall Law Health Care Compliance Program.  The firm will also sponsor a networking lunch in conjunction with the program.

Scott McBride will speak on a panel at the Health Care Compliance Association's Healthcare Enforcement Compliance Conference. The conference will address the latest trends in regulatory changes, legal analysis's of various regulations and how to ensure your company is in compliance, and best practices for implementing an effective compliance program.

Scott McBride will speak on the panel “Being the Focus of a Government Investigation” and present “Health Care Fraud Sentencing, Penalties, Damages & Other Considerations” at Seton Hall Law’s Health Care Compliance Program. The firm will also sponsor a networking lunch in conjunction with the program.

Scott B. McBride participates on two panels as part of Seton Hall University School of Law's U.S. Healthcare Compliance Certification Program (June 11-14, 2018).

Panel discussions

11 a.m.-12:15 p.m.: Being the Focus of a Government Investigation

  • Lynne Anne Anderson, Drinker Biddle & Reath LLP
  • Mike Doyle, Federal Bureau of Investigation
  • Jacob Elberg, U.S. Attorney's Office, District of New Jersey
  • Scott McBride, Lowenstein Sandler LLP
  • Jim Sheehan, New York Attorney General’s Office

Moderator: Professor Timothy Glynn, Seton Hall Law School

1:15-2:20 p.m.: Health Care Fraud Sentencing, Penalties, Damages & Other Considerations

  • Scott McBride, Lowenstein Sandler LLP
  • Jenny Kramer, Alston & Bird
  • Joseph Mack, Bayer U.S.

 

Scott B. McBride will speak on the panel “Being the Focus of a Government Investigation” and present “Health Care Fraud Sentencing, Penalties, Damages & Other Considerations” at Seton Hall Law’s Health Care Compliance Program. The firm will also sponsor a networking lunch in conjunction with the program.

Location: Seton Hall Law School, Newark, NJ

Scott B. McBride joins Seton Hall Law School faculty and respected industry leaders at the U.S. Healthcare Compliance Certification Program for the Panel Discussion: Being the Focus of a Government Investigation and the Health Care Fraud Sentencing, Penalties, Damages & Other Considerations program. 

This four-day healthcare compliance certificate program immerses attendees in the statutes, regulations, and other guidance that comprise the body of law known as “fraud and abuse law.”

Attendees examine healthcare-related laws and regulations alongside other compliance, ethics and integrity officers, legal counsel, health care consultants, and regulatory and medical affairs professionals.

Throughout the program, participants engage in group problem-solving activities and analyze the covered laws and regulations through case studies.

By the program conclusion, attendees discover how to create a culture of compliance and leave with the skills necessary to develop, enhance, and enforce their organizations' corporate compliance programs.

Lowenstein Sandler is hosting a networking lunch at this event on October 17, 2019, from 12:05-1:05 p.m.

Panel Discussion: Being the Focus of a Government Investigation

  • Scott B. McBride, Lowenstein Sandler, LLP
  • Mike Doyle, Federal Bureau of Investigation
  • Rachael Honig, U.S. Attorney’s Office, District of New Jersey
  • Jenny Kramer, Alston & Bird
  • Jim Sheehan, New York Attorney General’s Office
  • Moderator: Jacob Elberg, Seton Hall Law School

Time: 1:05-2:20 p.m.

Health Care Fraud Sentencing, Penalties, Damages & Other Considerations

  • Scott B. McBride, Lowenstein Sandler, LLP
  • Jenny Kramer, Alston & Bird
  • Joseph Mack, Bayer U.S.

Time: 2:40-3:45 p.m.



Professional Activities and Experience

Accolades
  • Chambers USA (2018-2019) - Scott McBride

Blogs

Capital Markets Litigation
Lowenstein Sandler LLP 

Litigation News for the Global Financial Community

Articles

Salman v. United States And Its Impact On Insider-Trading Enforcement
Lowenstein Sandler LLP, May 2017

On December 6, 2016, the U.S. Supreme Court ended two years of uncertainty surrounding what actually constituted illegal “insider-trading” for the “tippers” who pass on confidential information to others, and for the “tippees” who receive the information and trade on it. In Salman v. United States, 1 the Court restored the status quo ante (or most of it, anyway) that had been disrupted by the Second Circuit’s landmark holding in United States v...

SEC Amends Form ADV And Recordkeeping Rules
Lowenstein Sandler LLP, December 2016

On August 25, the Securities and Exchange Commission (the “SEC”) adopted a final rule making amendments to Form ADV providing for (i) the disclosure of additional information regarding advisers, including information about their separately managed accounts, (ii) a method for private fund adviser entities operating a single advisory business to register using a single Form ADV, and (iii) certain clarifying, technical, and other amendments to certain Form ADV items and instructions...

Additional Articles

    Medical device enforcement is getting more serious—particularly in Northeast, February 21, 2017
    Salman V. United States and its Impact on Insider-Trading Enforcement, May 24, 2017

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