Introduction
Lousene is a senior associate in Fredrikson & Byron’s White Collar & Regulatory Defense, Commercial Litigation, and Health Care Fraud & Compliance Groups. She has worked on a variety of white collar cases, including tax evasion, healthcare fraud, foreign corrupt practices (FCPA), financial crimes, environmental crimes, False Claim Act defense, and other serious criminal misdemeanor & felony cases. She also has handled Medicare appeals, shareholder disputes, FDA medical device disputes, internal corporate investigations, and civil/criminal forfeiture actions.
Education
- University of Michigan Law School, J.D., 2006, cum laude
- Luther Seminary, M.A., 1999
- St. Olaf College, B.A., 1994, magna cum laude
Bar Admissions
- Minnesota, 2006
- U.S. District Court for the District of Minnesota, 2006
- Eighth Circuit Court of Appeals, 2007
- Lower Sioux Community in Minnesota Tribal Court, 2006
Practice Areas
- White Collar & Regulatory Defense
- Health Care Fraud & Compliance
- Litigation
- Internal Investigations
- Electronic Discovery Resources
- Foreign Corrupt Practices Act & Anti-Corruption
- False Claims Act Defense
Representative Experience
Criminal Proceedings
- Represented a nonprofit foundation president on a six-week federal trial involving alleged participation on an $80 million ponzi scheme.
- Represented a doctor in a multi-count sexual abuse trial, resulting in acquittal on all counts.
- Represented several oil & gas companies in criminal misdemeanor case involving the Migratory Bird Treaty Act, resulting in dismissal of all charges.
- Represented a business owner in a federal income tax evasion prosecution, and achieved a favorable result.
- Represented large nursing home organization in criminal neglect case; avoided threat of debarment & loss of licensure for 35 care centers & senior living programs.
Civil Investigations and Litigation
- Represented over 80 orthopedic & neurosurgeons on a qui tam False Claims Act Case alleging receipt of illegal kick backs and off-label marketing of a medical device. The federal district court dismissed all counts against the physicians and the First Circuit Court of appeals affirmed the result.
- Conducted Foreign Corrupt Practices Act (FCPA) investigations for major medical device company.
- Represented a bank in a dispute with an insurance company over payment under the bank’s fidelity bond for employee dishonesty and forgery. The suit was resolved on terms very favorable to our client following our success on a summary judgment motion and a mediation.
- Helped resolve shareholder disputes in both state and federal court, achieving favorable settlements for her clients.
- Defended an energy company and its principals in a shareholder derivative suit, resulting in dismissal of all charges.
Administrative Proceedings
- Represented healthcare providers in Medicare reimbursement appeals.
- Represented healthcare professionals in licensing board matters.
Pro Bono
- Represented hearing-impaired individual who was unjustly arrested and jailed without access to state-mandated communication devices or translator.
- Helped obtain asylum for Ethiopian women subjected to torture and oppression in her home country.
Selected Publications & Presentations
- Moderator, “User Beware: The FCPA Resource Guide and its Impact on Global Business,” June 12, 2013
- “Enforcing the Foreign Corrupt Practices Act: Guidance through a Glass, Darkly,” co-authored with Dulce Foster, Bench & Bar of Minnesota, March 2013 edition
- “Waiting for Godot: DOJ Finally Issues Much-Anticipated FCPA Guidance,” co-authored with Dulce Foster, FredNEWS: Corporate & Securities, February 2013
- “Waiting for Godot: DOJ Finally Issues Much-Anticipated FCPA Guidance,” co-authored with Dulce Foster, FredALERT: White Collar & Regulatory Defense, January 2013
- “Looking a Gift Horse in the Mouth: When Failing to Return Overpayments Leads to False Claims Act Liability,” FredALERT: White Collar & Regulatory Defense, October 2012
- “Judicial Profile: Hon. Michael J. Davis Chief U.S. District Judge, District of Minnesota,” The Federal Lawyer, September 2012
- Moderator, The Data Chase: Responding to Government Subpoenas and Information Demands in the Digital Age, May 31, 2012
- “Migratory Bird Treaty Act: How Far Does It Fly?” Hennepin County Bar Association, Minnesota Continuing Legal Education, May 2, 2012
- Presenter, “Women's Business Matters: Social Media,” February 28, 2012
- “Judge Scheindlin Withdraws eDiscovery Opinion in Nat'l Day Laborer Org. v. ICE,” FredNEWS: Electronic Discovery Resources, July 2011
- Co-presenter, “To Preserve or Not Preserve: Pointers and Pitfalls in Litigation Preservation,” Minnesota State Bar Association Civil Litigation Section CLE, June 6, 2011
- “Proposed Changes to the Electronic Communications Privacy Act (ECPA),” FredNEWS: Electronic Discovery Resources, May 2011
- “Counsel’s Obligation to Meet and Confer Regarding Electronically Stored Information,” FredNEWS: Electronic Discovery Resources, February 2011
- Panelist, “Policing, Prosecution and Punishment of LGBT People,” Lavender Law Career Fair & Conference, August 2010
- “Beyond Visibility: Social Justice and Equality for LGBT Lawyers,” The Young Lawyers, July 2010
- “A RAC: An Audit of Mass Destruction?,” Health Law Webinar Series, November 2008
- “Like a Bridge Over Troubled Water: Developing Effective Compliance Plans,” co-authored with David Glaser, FredNEWS: White Collar & Regulatory Defense, June 2007
Professional Activities
- American Bar Association, Criminal Justice Section, Co-Chair of Regional White Collar Crime Subcommittee
- ABA, Young Lawyers Division, Leadership Advisory Board
- Federal Bar Association
- National LGBT Bar Association, Board of Directors (2006-2010)
- Minnesota State Bar Association
- Hennepin County Bar Association
- Minnesota Lavender Bar Association
- Minnesota Association of Criminal Defense Lawyers
Internship
- U.S. Attorney’s Office, Southern District of California, 2004
Judicial Clerkship
- Honorable Michael J. Davis, U.S. District Court for the District of Minnesota, 2007
Honors & Distinctions
- Honoree, “Best LGBT Attorneys Under 40” by the National LGBT Bar Association, 2011
- Journal of Law Reform, Executive Editor
- Phi Beta Kappa
- Eta Sigma Phi
Community Involvement
- Once Voice Mixed Chorus, Board Member (2008-2010)
- American Constitution Society, Co-Chair