Overview

Danielle Vrabie is a partner in the Business Trial Practice Group in the firm’s New York office and a member of the firm’s Healthcare and Life Sciences Teams.

Areas of Practice

Danielle represents corporate clients and individuals in complex commercial litigation and government investigations throughout the country. A substantial portion of Danielle’s practice is dedicated to serving healthcare and life sciences clients, including hospitals and health systems, physician and specialty practice groups, managed care organizations, pharmaceutical companies, long-term care providers, and medical device companies. She has experience representing these clients in a variety of contexts, including commercial disputes and litigation, enforcement actions, and government investigations. She also has significant experience defending against investigations and litigation involving allegations under the False Claims Act, Stark Law, Anti-Kickback Statute, and similar anti-fraud statutes.  In this context, she also assists companies in conducting internal investigations regarding allegations of fraud, employee misconduct, and whistleblower complaints and developing cost-effective and practical compliance and risk management programs.

Danielle helped establish and co-leads the firm’s Women in Healthcare Leadership Collaborative, whose goal is to promote the advancement of women in the healthcare industry by bringing them together in a supportive community and providing them with targeted education focused on complex legal issues, healthcare innovation, and other critical issues.   

Danielle’s general litigation practice includes representing clients in the financial services, aerospace, technology, and manufacturing industries in cases involving breach of contract, fraud, trade secrets, non-competition and non-solicitation agreements, trade libel, and allegations of unfair trade practices.

Danielle also maintains an active pro bono practice. She has been recognized for three consecutive years by The Legal Aid Society for her outstanding pro bono service. In 2020, Danielle was honored with the firm's third annual Bob Williams Award, which recognizes Sheppard Mullin attorneys and staff who provide exceptional service for the betterment of the firm and the community.   

While in law school, Danielle was named an Alexander Fellow, allowing her the opportunity to serve as a student judicial clerk to the Honorable Kimba M. Wood, Chief Judge of the Southern District of New York. She also served as a judicial intern to the Honorable Dora L. Irizarry in the Eastern District of New York. 

Experience

Experience

False Claims Act

  • Represented long-term home care provider in FCA suit filed by a former employee alleging that services were provided to patients without proper physician approvals.
  • Defended a national in-home managed care provider in investigation by the DOJ concerning allegations that providers were artificially inflating patients’ RAF scores to increase reimbursement.
  • Represented medical equipment supplier in qui tam suit filed by former employee alleging violations of CMS guidelines governing DME suppliers; district court dismissed all claims pre-discovery. 
  • Defended multiple physician-investors against allegations that their investment in a Intensity-Modulated Radiation Therapy (IMRT) center violated both the Anti-Kickback and Stark Laws.
  • Represented leading aerospace manufacturing company in FCA suit relating to parts certification for airplanes flown by the Department of Defense; district court dismissed all claims pre-discovery and decision was affirmed on appeal.
  • Secured a voluntary dismissal on behalf of medical director defendants in connection with an FCA suit brought by a former employee regarding allegations of upcoding and physician compensation that exceeded the fair market value of the services.  

Internal Investigations & Government Investigations

  • Conducted internal investigation for provider of Chronic Care Management (CCM) services in connection with involving potential FCA exposure related to allegations of improper billing and scope of practice issues.
  • Represented Board of Directors for a large ambulatory surgery center in connection with an investigation of potential FCA exposure related to physician compensation.
  • Successfully resolved New York Attorney General’s investigation into potential overpayments for large managed care organization.
  • Represented several large physician practices in multi-state investigation by the DOJ and HHS Office of Inspector General in connection with clinical laboratory arrangements resulting in non-prosecution.

Complex Commercial Litigation & Arbitration

  • Represented Independent Practice Association (IPA) in an arbitration brought by former physician-members regarding surplus payments received by health plans.  
  • Secured $40 million arbitral award for large international pharmaceutical company in an arbitration related to breaches of investor rights and stockholder purchase agreements by a health system.
  • Represented international distributor of medical devices in an arbitration brought against device manufacturer for breach of contract and breach of warranty claims.
  • Secured complete dismissal on a motion to dismiss for a leading specialty pharmacy in connection with a shareholder derivative action brought by a competitor alleging, among other things, theft of trade secrets.
  • Represented global healthcare company in Federal suit and parallel arbitration proceedings in which former employees sought change-in-control benefits exceeding $15 million.

Honors

Honors

Notable Woman in Law, Crain's New York Business, 2023

Pro Bono Publico Award, Legal Aid Society, 2013-2015

Insights

Articles

  • Co-author of the “Health Care Fraud and Abuse 2016 Update” chapter in Health Law Handbook, Twenty-Ninth Edition (2017), WestGroup, a Thomson Company.
  • Co-author of the “Excuses Doctrine” chapter in Commercial Contracts: Strategies for Drafting and Negotiating, Second Edition (2015), Wolters Kluwer.

Coronavirus Oversight and Enforcement Posts

Government Contracts & Investigations Blog Posts

Healthcare Law Blog Posts

Finance & Bankruptcy Law Blog Posts

Speaking Engagements

  • Speaker, "Understanding the Legal Landscape: Government Enforcement Trends," 2024 WHLC Women in Healthcare Leadership Summit, October 24, 2024
  • Speaker, “A Contract is a Contract – or Is It?” myLawCLE, June 4, 2024
  • Speaker, "Managed Care False Claims Act Risk," American Bar Association (“ABA”) Managed Care Institute, December 14, 2022 
  • Speaker, "Impact of Chart Reviews and HRAs on MA Payments: The OIG's Findings and the Landscape Ahead," American Health Law Association, April 14, 2022
  • Speaker, "Fraud and Abuse & Managed Care: Key Issues and 2021 Updates," American Health Law Association, November 4, 2021
  • Moderator, "Ethically Handling FCA Investigations, Litigation, and Whistleblowers," False Claims Act and Qui Tam Trial Institute 2019, June 19, 2019

Digital Media

Education

J.D., Benjamin Cardozo Law School, Yeshiva University, 2009

B.S., The College of New Jersey, 2006, magna cum laude

Admissions

  • New York
  • U.S. District Court for the Southern and Eastern Districts of New York
  • U.S. Court of Appeals, Fifth Circuit

Languages

  • Russian
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