Nadia Patel

Partner

Nadia’s practice focuses on complex commercial litigation and government investigations. Nadia co-leads ArentFox Schiff’s Health Care industry group.

Nadia Patel Portrait

Nadia has a strong track record advocating for individuals and businesses in commercial litigation and government investigations involving challenging legal and factual issues. She regularly leads clients through all stages of bet-the-company matters, from investigation through trial and appeal.

False Claims Act and Civil Investigations 

In the government investigation context, Nadia routinely represents pharmaceutical and device manufacturers, charitable patient assistance organizations, providers, and other health care-related clients in False Claims Act investigations and litigation, including qui tam “whistleblower” lawsuits. Nadia handles investigations conducted by state agencies as well as the Department of Justice and various US Attorney’s Offices, assisting clients in responding to Civil Investigation Demands (CIDs), HIPAA subpoenas, and other government requests involving the Stark Law, Anti-Kickback Statute, and other health care fraud and abuse issues.  She is also knowledgeable in handling other types of federal civil investigations and litigation involving allegations of procurement fraud, customs fraud, false statements, and accounting fraud.

Complex Commercial Litigation

With respect to commercial litigation, Nadia represents clients in a variety of industries in state and federal court as well as AAA and JAMS arbitrations, litigating complex disputes involving contract claims, fraud, breach of duty, false advertising, and claims arising out of corporate transactions. Nadia also represents employers in employment-related litigation, including matters implicating restrictive covenants, the Defend Trade Secret Act, and state trade secret laws.

Client Work

False Claims Act and Civil Investigations

Nadia routinely advises and represents clients in responding to government subpoenas/CIDs issued by the Department of Justice, US Attorney’s Offices, agency OIGs, the SEC, and state attorneys general, and represents clients in related enforcement proceedings and litigation. Recent government investigations and litigation matters with which Nadia has been involved include:

  • Obtained dismissal on behalf of a global pharmaceutical company in two related False Claims Act litigations brought by a qui tam relator alleging Anti-Kickback Statute conspiracy between various manufactures and PBMs, upheld on appeal by the First and Second Circuits. United States ex rel. John R. Borzilleri, M.D., et al v. Abbvie, Inc., et al. (USDC SDNY and DRI; 1st Cir. and 2nd Cir.).
  • Obtained declination of two proton therapy centers in a False Claims Act, Stark Law, and Anti-Kickback Statute investigation in United States ex. rel. Ward v. ProCure Management (USDC WD Ok.).
  • Obtained favorable settlement on behalf of three pharmaceutical manufacturers in litigation brought by the Louisiana Attorney General’s Office alleging false or misleading reporting of FDA approval statuses and fraudulent Medicaid reimbursements.
  • Represented pharmaceutical manufacturer in bet-the-company investigation brought by the US Attorney for the District of Massachusetts and DOJ alleging violations of the False Claims Act, the Anti-Kickback Statute, antitrust laws, and the Federal Food, Drug, and Cosmetic Act.
  • Represented pharmaceutical manufacturer in False Claims Act investigation brought by DOJ involving alleged violations of the Federal Food, Drug, and Cosmetic Act.
  • Represented large generic pharmaceutical manufacturer in False Claims Act investigation brought by DOJ involving alleged violations of the Federal Food, Drug, and Cosmetic Act.
  • Obtained favorable settlement on behalf of former executive in SEC accounting fraud investigation and litigation involving document productions and SEC testimony, leading to a favorable result.

 

Complex Commercial Litigation 

Nadia represents and advises clients in complex business disputes before courts and other tribunals around the country. Recent representative matters with which Nadia has been involved include:

  • Represented multinational retail and food services company in breach of contract dispute involving termination of multi-million dollar distributor agreement.
  • Obtained judgment for major defense contractor in the U.S. District Court for the Eastern District of Virginia and AAA arbitration against a former employee alleging that the former employee violated the Defend Trade Secret Act, Virginia Uniform Trade Secret Act, employment agreement and duty of confidentiality to the company.
  • Obtained judgment in Lanham Act case brought on behalf of pharmaceutical manufacturer against compounding company for false advertising. Included successful appeal of district court dismissal to the First Circuit.
  • Trial counsel for directors of a publicly traded behavioral health company in a shareholder class action in U.S. District Court for the District of Massachusetts. Obtained dismissals for non-executive directors and won a complete defense jury verdict on remaining claims against the CEO following a two-week jury trial (modified post-verdict).
  • Represented major software company in Delaware state court and AAA arbitration alleging that former executive violated restrictive covenants by poaching several employees to work at new company.
  • Represented company in dispute arising out of the sale of commercial property which generated two civil lawsuits, foreclosure action, appeal before the Maryland Court of Special Appeals, and an arbitration.
  • Trial counsel for residential landlord in non-payment of rent lawsuit.
  • Obtained judgment after trial for long-time members of D.C. nonprofit church whose membership was terminated by individuals who improperly claimed to be on the board of directors.
  • Obtained dismissal of hotel chain in LIBERTAD Act lawsuit brought in the Southern District of Florida.
  • Represented pharmaceutical manufacturer in defending false advertising lawsuit brought in U.S. District Court for the Eastern District of Virginia.
  • Represented multiple MLSs in responding to third-party subpoenas issued in antitrust class action lawsuit.
  • Represented top accounting firm in responding to third-party subpoena in U.S. District Court for the Eastern District of Virginia action.
  • Represented major financial institution pre-litigation to resolve former employee’s theft of trade secret information.
  • Authored multiple Supreme Court petitions for certiorari and amicus briefs.

Previous Work

Prior to joining ArentFox Schiff, Nadia defended corporations and individuals in civil matters primarily at the state level, including cases involving malpractice, general tort, and wrongful death claims. Nadia’s extensive litigation experience allows her to take a case from inception to conclusion while always furthering the client’s best interests.

Publications, Presentations & Recognitions

Publications

Nadia has authored the following articles:

  • Weekly Investigations Newsletter, JD Supra
  • DOJ Announces Plan to Use the False Claims Act to Tackle DEI, JD Supra (2025)
  • Trump Tariffs: What Importers Need to Know About Customs Fraud and the Increased Use of the False Claims Act, JD Supra (2025)
  • Co-author, “Tips For Spoliation Claims In Trade Secret Cases,” Law360, May 28, 2020
  • Nadia Patel, “YOU’RE FIRED: Egan and MSPB Review of Security Clearance Divisions” 21 Fed. Cir. B.J. 93 (2011), available here.

Presentations

  • Presenter, Preparing Your Nonprofit Before the Government Comes Knocking (March 2025)
  • Panelist, Contracts and Force Majeure Webinar (Credit Research Foundation, April 2020)

Recognitions

  • Best Lawyers in America, Commercial Litigation (2024-2025)
  • Washington, DC Super Lawyers (2018-2022)
  • The George Washington University Law School Federal Circuit Bar Journal, Articles Editor
  • 1st Place for Best Overall Competitor, GW Law Van Vleck Constitutional Law Moot Court Competition
  • 2nd Place for Best Oralist, GW Law Van Vleck Constitutional Law Moot Court Competition 
  • Industries
  • Bar & Court Admissions
    • Virginia Bar
    • District of Columbia Bar
    • US District Court, District of Maryland
    • US District Court, Eastern District of Virginia
    • US District Court, District of Columbia
    • US Bankruptcy Court, Eastern District of Virginia
    • US Court of Appeals, 1st Circuit
  • Education
    The George Washington University Law School, JD, 2012
    University of Pennsylvania, BA, Cum Laude, 2007

Awards

Awards

JD Supra Readers Choice Top Author 2021