Eureka! Government Investigators Seek Out Research Misconduct

Host Jonathan Porter welcomes Husch Blackwell attorney Karen Courtheoux to the show to discuss the False Claims Act in the context of government-funded research programs that are often carried out under the auspices of institutions of higher education. Their discussion kicks off with a short summary of the mechanics of government research funding and the reporting processes of the post-award monitoring phase of research. From there, the conversation turns to the various sets of rules in play across the expanse of government-funded research, including how research misconduct is defined and how compliance works in this context.Jonathan and Karen also discuss specific recent examples of research misconduct and the lessons learned from them.Jonathan Porter BiographyFull BiographyJonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.Karen Courtheoux BiographyFull BiographyKaren is a Chicago-based attorney on Husch Blackwell’s Education team. She handles a variety of matters for public and private institutions of higher education, including faculty, student and employment matters; research misconduct and compliance; investigations; governance questions; and federal and state litigation. Specifically, Karen has advised universities, academic medical centers, and healthcare clients on the development, implementation, and enforcement of research-related policies—including IRB, confidentiality, and conflict of interest policies—and has negotiated sponsored research agreements, data use agreements and other contracts and memoranda of understanding. More broadly, she has well over a decade of experience in private practice and as a litigator at national law firms representing clients in all stages of federal and state litigation involving commercial, trade secret, employment, consumer finance and property disputes, including appeals and class actions.