Strikis A. Silvija

Silvija A. Strikis

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)

Clerkships

  • 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

Admitted

  • 1991, U.S. Tax Court (by examination)
  • 1995, Maryland
  • 1998, U.S. Supreme Court
  • 2001, District of Columbia

Silvija A. Strikis advises and represents clients in antitrust, professional malpractice, securities fraud, government investigations, and other actions.  She also has expertise in federal and state False Claims Act actions, in which she has successfully represented several relators.  Silvija is able to leverage her strong financial and economics background and understanding of litigation in state and federal courts to successfully navigate complex legal matters for clients, regardless of which side of the “v” they are on.

Before and during law school, she practiced as a Certified Public Accountant, providing her with the expertise to advise clients about, and to litigate, issues involving claims of accounting and auditing malpractice, as well as other financial issues.  She successfully represented CUNA Mutual Group in cases against eight major Wall Street banks serving as mortgage-backed securities underwriters, and helped obtain complete reversal on appeal of the trial court’s dismissal at summary judgment.  See CMFG Life Insurance v. RBS Securities, Inc., 799 F.3d 729 (7th Cir. 2015).  Eventually, all defendants agreed to settlements. 

Her work on behalf of relators in False Claims Act cases has resulted in noteworthy verdicts and settlements, including an $885 million combined civil and criminal settlement with AmerisourceBergen that is one of the largest pharmaceutical qui tam settlements in history, one of the largest whistleblower verdicts upheld on appeal in a Medicare fraud case against skilled nursing facilities in Florida that resulted in judgment of more than $255 million and for which Silvija was named a “2017 Winning Litigator” for her role as lead counsel, and the recovery of criminal fines and civil damages of more than $700 million in litigation alleging that Amgen and other companies violated federal and state False Claims Acts.  See United States ex rel. Mullen v. AmerisourceBergen Corp., No. CV-10-4856 (E.D.N.Y.); United States ex rel. Ruckh v. Genoa Healthcare, LLC (M.D. Fla., 11th Cir.); United States ex rel. Westmoreland v. Amgen, Inc., No. 06-cv-10972 (D. Mass.) and 652 F.3d 103 (1st Cir. 2011); 2017 NLJ Winning Litigator:  Silvija Strikis and Jim Webster, Kellogg, Hansen, Todd, Figel & Frederick, Nat’l L. J. (Sept. 25, 2017).  In addition, Silvija is experienced in negotiating resolutions between parties when disputes arise among relators, the government, or defendants in False Claims Act matters.  See United States ex rel. Montecalvo v. Shire Regenerative Medicine, Inc., Case No. 816-cv-268 (M.D. Fla.); United States ex rel. LaCorte v. Wyeth, C.A. No. 06-11724 (D. Mass.).

Silvija has also represented clients in a number of confidential arbitration proceedings regarding accounting and other claims as well as in confidential government investigations.  

In addition, Silvija served in a lead role on the Plaintiffs’ Steering Committee in a medical device products liability litigation that successfully settled shortly before representative trials.  In re: Guidant Defibrillators Products Liability Litigation, MDL No. 05-1708 (D. Minn.).  She also successfully represented plaintiffs in In re Medtronic, Inc., Implantable Defibrillators Product Liability Litigation, MDL No. 05-1726 (D. Minn.).

Representative Experience

  • 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 a 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.
  • United States ex rel. Bennett v. US WorldMeds, LLC, Case No. 3:13-cv-00363 (D. Conn.).  Representation of qui tam relator in a federal and state False Claims Act action.  Case resulted in $17.5 million settlement.
  • United States ex rel. Montecalvo v. Shire Regenerative Medicine, Civ. No. 8:16-cv-268 (M.D. Fla.).  Representation of qui tam relator in federal and state False Claims Act case and in follow on litigation regarding allocation of relator share among multiple relators.
  • United States ex rel. LaCorte v. Wyeth, C.A. No. 06-11724 (D. Mass.).  Representation of qui tam relator in action to recover statutory legal fees pursuant to the False Claims Act.
  • Bain Capital Partners LLC v. Ernst & Young Global Limited, Civ. Action No. 14-1765 (Mass. Super. Ct.).  Representation of investor in action against accounting firm.
  • Navistar International Corp. v. Deloitte & Touche LLP, No. 2011 L 004269 (Ill. Cir. Ct., Cook Cnty.).  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.

Achievements

  • 2017 NLJ Winning Litigator
  • The American Lawyer Litigator of the Week re rel. Ruckh v. Salus Rehabilitation

Articles, News & Events

  • Panelist, “Honoring the Legacy of Associate Justice Sandra Day O’Conno,” Federal Bar Association (January 2024)
  • Author, “Remedies for Actions in Equity,” in Proving and Defending Damages (Wolters Kluwer)
  • Panelist, “Asset Forfeiture,” Federal Bar Association Qui Tam Conference (February 2020)
  • “Oral History of The Honorable John A. Terry,” The Historical Society of the District of Columbia Circuit (2011)
  • 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 J. Tax. 354 (1994)
  • Service Increases Use of ‘Impeding IRS’ Provision To Prosecute Tax Professionals, 80 J. Tax. 362 (1994)

News