Lousene M. Hoppe
Assistant: Emmy Nelson, 612.492.7832
“Whether I’m facing government regulators, DOJ attorneys or opposing counsel, I help my clients through difficult times by focusing on solutions that allow them to keep their lives and business interests on track.”
Lousene is a litigator and criminal defense attorney who represents corporations and individuals accused of health care fraud, financial or tax crimes, and criminal felony and misdemeanor cases at both the state and federal levels. She also focuses on foreign corruption practices act (FCPA) investigations and due diligence, false claims act (FCA) litigation, investigations of alleged regulatory or licensing violations, and related commercial litigation matters.
Lousene is experienced in dealing with representatives/agents of the Federal Bureau of Investigation (FBI), Department of Justice (DOJ), the Office of the Inspector General (OIG), the Food and Drug Administration (FDA), the Department of Labor (DoL), and other government agencies on behalf of clients under investigation for civil or criminal penalties. She assists companies and individuals with responding to grand jury or administrative subpoenas and civil investigative demands (CIDs). Lousene offers practical guidance for those who face exclusion from state and federal programs, including Medicare/Medicaid. Her commercial litigation practice focuses on shareholder disputes, civil fraud and misrepresentation, and the healthcare industry.
- Represented a nonprofit foundation president in a six-week federal trial involving alleged participation in an $80 million ponzi scheme.
- Represented a doctor in a multi-count sexual abuse trial, resulting in acquittal on all counts.
- Represented several oil and 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 and loss of licensure for 35 care centers and senior living programs.
False Claims Act Defense
- Represented large healthcare system in first overpayment case under the 2009 amendments to the False Claims Act that expanded potential overpayment liability.
- Represented over 80 orthopedic and 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.
- Represented major multi-specialty medical center in FCA litigation. The qui tam relator voluntarily dismissed the suit after the court’s favorable decision on motions to dismiss.
- Won dismissal of a 180-million dollar False Claims Act high-profile lawsuit brought by a qui tam relator against a major municipality. The individual appealed and the Eighth Circuit Court of Appeals affirmed the lower court’s dismissal of the action.
- Represented a large general contractor in a False Claims Act investigation under the disadvantaged business enterprise regulations.
- Won dismissal of a multi-million dollar False Claims Act lawsuit brought by a qui tam relator against a Minneapolis hospital. The individual appealed and the Eighth Circuit Court of Appeals affirmed the lower court’s dismissal of the action.
Foreign Corrupt Practices
- Conducted Foreign Corrupt Practices Act (FCPA) due diligence for Fortune 500 companies on more than 10 deals.
- Conducted an investigation into allegations that a medical device company gave kickbacks to physicians in China, and advised the company about disclosures to the Department of Justice.
- Advised companies on developing anti-corruption compliance programs and policies in a variety of industries including: medical device, restaurant franchising, industrial equipment manufacturing, mining, construction, and others.
- 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.
- Represented healthcare providers in Medicare reimbursement appeals.
- Represented healthcare professionals in licensing board matters.
Pro Bono representation
- 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.
- Assisted Pulitzer-prize winning journalist with favorable resolution of criminal charges.
Articles & Presentations
PUBLICATIONS & PRESENTATIONS
- Co-Presenter, “Preserving Privilege in Investigations,” Fredrikson & Byron Health Law Webinar Series, July 11, 2018
- Co-Presenter, “Email Investigation Methods with Hillary Clinton’s FOIA Release,” Minneapolis – St. Paul Women in eDiscovery, June 14, 2018
- Co-Presenter, “Beyond #MeToo: Conducting Effective and Privileged Workplace Investigations,” Fredrikson & Byron Seminar, June 13, 2018
- Moderator, “The Attorney-Client Privilege in Federal Criminal Proceedings: A Moderated Panel Discussion in Immoderate Times,” White Collar Crime Committee of the Minnesota Chapter of the Federal Bar Association, June 6, 2018
- Co-Presenter, “Conducting an Effective Internal Investigation,” Lunch & Learn, Association of Corporate Counsel (ACC) Minnesota, April 11, 2018
- Author, “MNCLE, Handling Internal Investigations – Best Practices for Investigating Alleged Fraud, Bribery, Regulatory Noncompliance, and Other Types of Corporate Wrongdoing,” Ch. 1, “Investigation Planning,” 2017
- Presenter, “Conducting an Effective Internal Investigation – Consideration & Planning,” MSBA CLE The 2017 Health Law Institute, June 15, 2017
- Presenter, “The Role of the Firm’s General Counsel in Risk Management and Ethics Compliance,” MSBA CLE Legal Ethics Summit VII, June 9, 2017
- Presenter, “Beyond the FCPA: Developments in Foreign Anti-Corruption Enforcement and Legislation,” MSBA CLE The 41st Annual International Business Law Institute, May 18, 2017
- Moderator, “Avoiding the Unthinkable: Employee Embezzlement and Malfeasance,” Fredrikson & Byron Event, May 3, 2017
- Presenter, “Sword or Shield? The Attorney-Client and Work Product Privileges in Investigations,” Pressure on The Privilege CLE, Minnesota Continuing Legal Education, April 27, 2015
- Presenter, The Federal False Claims Act: How Whistleblower Suits May Affect Your Clients and Their Businesses, June 2014
- “The Foreign Corrupt Practices Act: What You May Not Know (But Should),” 20th Annual MNCPA Management & Business Advisers Conference, June 2014
Honors & 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
- Minnesota, 2006
- U.S. District Court for the District of Minnesota, 2006
- Eighth Circuit Court of Appeals, 2007
- U.S. District Court for the District of Eastern Wisconsin, 2012
- Lower Sioux Community in Minnesota Tribal Court, 2006
- Minnesota Super Lawyers, Super Lawyer – Criminal Defense: White Collar, 2017-2018
- Minnesota Super Lawyers, Rising Star, 2013-2016
- Minnesota State Bar Association, North Star Lawyer, 2012-2017
- National Criminal Defense College, Trial Practice Institute Participant
- National LGBT Bar Association, Honoree, “Best LGBT Attorneys Under 40,” 2011
- Journal of Law Reform, Executive Editor
- Phi Beta Kappa, Member
- Eta Sigma Phi, Member
- American Bar Association, Criminal Justice Section, Co-Chair of Regional White Collar Crime Subcommittee, Chair of LGBT Committee, August 2014-present
- American Bar Association, Young Lawyers Division, Leadership Advisory Board
- Federal Bar Association, Co-Chair of White Collar Crime Committee, May 2017-present
- National LGBT Bar Association, Board of Directors, 2006-2010, February 2017-present
- Minnesota State Bar Association
- Hennepin County Bar Association
- Minnesota Lavender Bar Association, Co-Chair, 2013-2015
- Minnesota Association of Criminal Defense Lawyers
- Internship, U.S. Attorney’s Office, Southern District of California, 2004
- Clerk, Honorable Michael J. Davis, U.S. District Court for the District of Minnesota, 2007
- One Voice Mixed Chorus, Board of Directors, 2008-2010
- Co-Chair, American Constitution Society--Minneapolis-St. Paul Chapter, 2010-2013, Advisory Board, 2015-present