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Silvija A. Strikis

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Silvija Strikis has been a member of Kellogg Hansen since 2001.  She enjoys a practice that includes a variety of matters ranging from False Claims Act cases, business disputes, professional malpractice cases, and intellectual property matters.  Before and during law school, she practiced as a Certified Public Accountant for several years, and that experience provides her with a strong background to advise clients about, and to litigate, issues involving claims of accounting and auditing malpractice, as well as other financial issues, including computation and presentation of damages.  She graduated from University of Maryland, University College, summa cum laude, with a degree in Information Systems Management in 1985 and earned her J.D. from Georgetown University Law Center, also summa cum laude, in 1995.  In addition to serving as a Bristow Fellow (attorney) in the Office of the Solicitor General of the United States, she was a law clerk to the Honorable Harry T. Edwards, then Chief Judge of the United States Court of Appeals for the D.C. Circuit, as well as the Honorable Sandra Day O’Connor of the Supreme Court of the United States.  While at the firm, she has represented a wide range of clients in all stages of litigation and appeal, including through discovery, motions practice, and oral arguments.  She also has considerable experience with representing clients in mediation and arbitration hearings, as well as in Multi District Litigation proceedings.  She also has represented clients in resolving investigations and claims successfully, without requiring litigation.

Noteworthy Representations

United States ex rel. Ruckh v. CMC II, LLC (M.D. Fla., 11th Cir.)
Lead counsel representation of qui tam relator in federal and state False Claims Act ligation involving fraudulent Medicare billing by one of the nation's largest skilled nursing facilities, Consulate Health Care.  Following a successful jury trial, on appeal the Eleventh Circuit upheld a more than $255 million judgment against the defendants.  This is one of the largest whistleblower jury verdicts to be upheld on appeal.  

United States ex rel. Mullen v. AmerisourceBergen, Corp., et al., No. CV-10-4856 (E.D.N.Y.)
Representation of qui tam relator in a landmark $625 million civil settlement between AmerisourceBergen and federal and state prosecutors over false claims submitted for unapproved and adulterated drugs, double-billing from exploiting overfill, and kickbacks to physicians. Kellogg Hansen’s client was also critical in the government’s criminal investigation of the company, which led to its conviction for violations of the Food Drug and Cosmetic Act and criminal fines totaling $260 million. The combined $885 million settlement is one of the largest pharmaceutical settlements in history and includes a Corporate Integrity Agreement between AmerisourceBergen and the Office of Inspector General of the Department of Health and Human Services.   

United States ex rel. Westmoreland v. Amgen, No. 1:06-cv-10972 (D. Mass.) & 652 F.3d 103 (1st Cir. 2011)
Representation of qui tam relator in a case alleging that Amgen and other companies violated federal and state False Claims Acts by causing the submission of fraudulent claims to Medicare and Medicaid relating to “overfill” amounts in vials of Amgen’s flagship anemia drug and other misconduct.  This case was unsealed in the District of Massachusetts, heavily litigated up to the eve of trial, and settled shortly before trial, resulting in criminal fines and civil damages of more than $700 million.  See http://www.taf.org/Amgen-Westmoreland-PR.pdf.  The case also included successful appeal from dismissal of state FCA claims in the First Circuit. 

United States ex rel. Wright v. Chevron USA, Inc., et al., No. 5:03-CV-264 (E.D. Tex.)
Representation of qui tam relator in a federal False Claims Act case involving failure to pay natural gas royalties to the United States.  Case resulted in settlements totaling more than $275 million by major natural gas manufacturers, including ExxonMobil, ChevronTexaco, and BP.  See, e.g., http://www.justice.gov/opa/pr/2009/December/09-civ-1379.html

Navistar International Corporation v. Deloitte & Touche LLP, No. 2011 L 004269 (Cir. Ct. Cook County, Illinois)
Representation of publicly traded company in successfully asserting claims against the company’s former auditor.

Thomas H. Lee Equity Fund V, L.P., et al. v. Mayer, Brown, Rowe & Maw LLP, No. 07 Civ. 6767 (S.D.N.Y.) & Thomas H. Lee Equity Fund V, L.P. v. Grant Thornton LLP, No. 07 Civ. 8663 (S.D.N.Y.)
Representation of investors in Refco in successfully asserting claims against Refco’s former auditor and attorneys.

TiVo Inc. v. Verizon Communications Inc., No. 2:09-cv-257-JRG (E.D. Tex. 2012)
Representation of major national telecommunications company in defending high-stakes patent-infringement action concerning digital video recorders; obtained favorable settlement on eve of trial.  Particular focus on damages and Daubert issues.

In re Guidant Defibrillators Products Liability Litigation, MDL No. 05-1708 (D. Minn.) 
Lead role on Plaintiffs’ Steering Committee of Multi District Litigation, particularly in all discovery matters, resulting in successful settlement shortly before representative trials. 

Publications

Contributor:  Stalked:  Breaking the Silence on the Crime of Stalking in America, Pocket Books/Simon & Schuster (1995)

Elements Required for Qualifying as an Innocent Spouse Still Far from Clear, 81 Journal of Taxation 354 (1994)

Service Increases Use of ‘Impeding IRS’ Provision To Prosecute Tax Professionals, 80 Journal of Taxation 362 (1994)

Double Jeopardy, 22nd Annual Review of Criminal Procedure, 81 The Georgetown Law Journal 853 (1993)

Stopping Stalking, 81 The Georgetown Law Journal 2771 (1993)

Contributor:  Proving and Defending Damage Claims:  A Fifty-State Guide, Wolters Klower Law & Business Publishers (updated annually)

Education

Georgetown University Law Center, J.D., summa cum laude, 1995

  • Articles Editor, The Georgetown Law Journal, 1993-1994

University of Maryland, University College, B.S., summa cum laude, 1985

Certified Public Accountant (inactive)

Clerkship

Law Clerk, Justice Sandra Day O’Connor, U.S. Supreme Court, 1997-1998

Bristow Fellow, Office of the Solicitor General of the United States, 1996-1997

Law Clerk, Judge Harry T. Edwards, U.S. Court of Appeals, District of Columbia Circuit, 1995-1996


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