Jason M. Ohta

Jason's specific experience includes representing:

Government Investigations

• A Public Company against federal False Claims Act (“FCA”) allegations that the company submitted false claims to Government payors, including the Health Resources & Services Administration (“HRSA”), regarding the performance of Covid-19 laboratory testing
• A Public Company against federal FCA allegations that the company submitted false claims to Government payors for skilled nursing care to residents who did not qualify for those services under Medicare during the Covid-19 pandemic
• A Public Company against federal Anti-Kickback Statute (“AKS”) violations in multiple jurisdictions involving the company’s performance of genetic testing
• A large healthcare system against federal Controlled Substances Act (“CSA”) allegations that the hospital has insufficient controls to adequately prevent drug diversion from its facilities
• A large healthcare system against federal AKS and Stark Law allegations involving the hospital’s use of medical director, call coverage and other administrative agreements with various private medical groups. The matter settled on the eve of trial
• A private-equity backed national provider of female contraceptive products against allegations of fraud by the California Department of Insurance and the California Department of Justice
• A large healthcare system against criminal federal AKS violations. No charges filed
• A community hospital against federal AKS and Stark Law violations resulting in a declination to intervene
• A large healthcare system against violations of the federal Anti-Kickback Statute involving its sleep center division resulting in a declination to intervene
• A private-equity backed national mobile healthcare provider against violations of the federal Anti-Kickback Statute resulting in the federal DOJ declining to intervene
• A public medical device company against violations of the federal Anti-Kickback Statute resulting in a declination to intervene
• Individual executive against criminal kickback and off-label promotion investigation. No charges filed

Internal Investigations

• A nationwide hospital system and healthcare management company in connection with a series of internal investigations of individual and corporate compliance with policies and federal regulations
• A medical device company in connection with an internal investigation into FDA compliance issues
• A large healthcare system in connection with an internal investigation regarding compliance of its Ambulatory Surgery Centers
• A large healthcare system in connection with an internal investigation regarding compliance with its medical directorship agreements

Other Significant Matters

• A large private company against price-fixing allegations involving multiple class action lawsuits. The lawsuits were settled on the eve of trial
• An individual against federal criminal conspiracy and wire fraud charges involving the Securit ies and Exchange Commission ("SEC") and Public Company Accounting Oversight Board ("PCAOB"). After a four-week trial in the Southern District of New York, the jury acquitted our client of conspiracy to defraud the SEC. On appeal, the government dismissed all remaining charges against our client
• Public utility company against federal criminal violations of the Clean Air Act and false statements. After extensive litigation and a six-week trial in the Southern District of California, the government dismissed all charges against the company
• Technology supply company in a complex arbitration, involving several nationally prominent law firms, regarding control and ownership of a large, privately-held financial services firm. After three days of trial, the matter settled favorably for the client
• Public company in connection with alleged violations of the Foreign Corrupt Practices Act. No charges filed

Diligence

• Buyers, sellers, and underwriters in diligence for transactions, including initial public offerings, involving healthcare and life sciences companies

Thought Leadership

• Co-author, “US Regulators Announce Inquiry Into Healthcare Consolidation,” Latham & Watkins Client Alert, April 2024
• Co-author, “Government Gatekeeper? DOJ Memo Encourages Dismissal of Meritless False Claims Act Cases,” Latham & Watkins Client Alert, February 2018
• Co-author, “Violations of Conditions of Payment and Participation as Predicates for False Claims,” ABA’s Health Law Litigation, Spring/Summer 2011
• Co-author, “Test Methods Matter: Representative Sampling and Clean Air Act Test Methods Can Survive EPA’s Credible Evidence Rule,” 25 (University of Oregon’s) Journal of Environmental Law and Litigation 37, 2010

Community Involvement

• Judicial Endorsement Committee Member, California Asian Pacific American Bar Association (Cal-APABA)
• Judicial Elections Evaluation Committee Member, San Diego County Bar Association
• Past Executive Committee Member, University of San Diego School of Law Alumni Board
• Past Co-Chair, San Diego County Bar Association, Law & Medicine Section