Suzan Abebe has represented a wide variety of clients as both plaintiffs and defendants at all stages of the litigation process, including government investigations, litigation, trial and appeal. Ms. Abebe frequently counsels pharmaceutical and medical device clients in matters involving advertising and promotion issues, fraud and abuse enforcement, federal and state anti-kickback laws and False Claims Act defense. In addition, she conducts due diligence in connection with life sciences and health care industry transactions.
Government Inquires and Enforcement Actions
Ms. Abebe has provided immediate and long-term strategic advice and risk assessments to executive leadership, and managed fact development through witness and expert interviews, information requests, and document review and productions. Representative matters include:
- a specialty pharmaceutical company in securing the settlement and resolution of an investigation by the U.S. Department of Justice regarding the company’s sales and marketing practices and relationship with copay assistance charities;
- a financial institution in connection with an inquiry by the Consumer Financial Protection Bureau regarding the company’s alleged unfair, deceptive or abusive sales practices; and
- a Fortune 50 health care company in connection with investigations by various state attorneys general regarding its pharmacy benefit management practices.
Ms. Abebe’s experience includes drafting dispositive and discovery motions and managing associate teams in large-scale discovery, including on depositions, written inquiries and document requests. Representative matters include:
- a leading designer, marketer and distributor of medical apparel, footwear and accessories in an action involving alleged breach of fiduciary duties, fraud and negligent misrepresentation; and
- a public parent company of a regional health care network asserting claims against its former CEO for breach of contract, tortious interference of contract and defamation.
Regulatory Advice and Strategy; Transactions
Ms. Abebe has advised key client personnel on regulatory and public policy matters, including through drafting and presenting written and oral material. She also has advised on various transactional matters. Representative work includes:
- a pharmaceutical company in providing strategic guidance regarding the company’s compliance program, controls and policies related to the use of influencers in social media marketing; and
- due diligence counseling on multiple matters, including on the $17.3 billion acquisition of a major health insurer.
Ms. Abebe also maintains a robust pro bono practice. She frequently represents survivors of domestic violence in securing the removal of conditions on their conditional resident status, invoking the Violence Against Women Act. Ms. Abebe also was recognized as one of Best Lawyers’ 2023 Ones to Watch in America.