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Howard R. Rubin

Partner
howard.rubin@kattenlaw.com
Washington, DC Office
p+1.202.625.3534
f+1.202.339.6057
Overview

Howard Rubin is the national head of the firm's Appellate and Supreme Court Litigation practice and also devotes a substantial portion of his practice to counseling and litigating on behalf of clients in the health care industry. Howard serves as a member of the firm's Board of Directors.

Howard has served as lead counsel in more than 100 cases in 11 of the 13 federal circuit courts of appeals, the US Supreme Court, and in various state appellate and supreme courts. In their most significant cases, clients often retain Howard at the appellate stage to defend victories obtained in the trial court or to challenge adverse rulings. Over his 25-year career as an appellate litigator, Howard's practice has covered a wide range of subjects, including administrative law, constitutional litigation, environmental law, ERISA, health care, intellectual property (patent, copyright and trademark cases in the Federal Circuit), securities litigation and tax. Howard is one of the few appellate litigators in private practice to have argued three appeals back-to-back-to-back in a single session in a federal appellate court, having done so when he won three cases in the US Court of Appeals for the Fifth Circuit. Howard also briefs cases in the US Supreme Court at both the certiorari and merits stages.

In addition to leading Katten's Appellate and Supreme Court Litigation practice, Howard has counseled and litigated on behalf of health care clients for a quarter century. He leads a cross-departmental team at Katten—consisting of health care regulatory and transactional lawyers, employment counselors, former federal prosecutors, and civil litigators—that represents dozens of the country's largest and most sophisticated independent physician specialty practices. Howard devotes a substantial portion of his practice to representing health care providers in internal and government investigations and related False Claims Act cases arising from allegations of Medicare and Medicaid fraud and abuse under the federal Anti-Kickback Statute and federal physician self-referral (Stark) law. Howard has also built a national reputation creating and representing single-specialty and multi-specialty medical associations that promote and protect the high-quality, cost-efficient and integrated care furnished in the independent practice setting. Howard's clients in the health care industry also have included a global pharmaceutical services organization, state and national trade associations representing the country's community pharmacists, an oncology services company, a molecular diagnostic testing company and welfare benefit plans.

Howard began his career as a law clerk to the Honorable Sam J. Ervin III, Chief Judge of the US Court of Appeals for the Fourth Circuit. While attending law school, he served as an editor of the Duke Law Journal.

Shown below is a selection of Howard’s engagements.

Experience
  • Successful argument on behalf of a publicly traded company in an appeal before the US Court of Appeals for the Third Circuit. The company had been pursuing FDA approval to market its signature drug for a new indication. A group of plaintiffs filed a putative class action under the Securities Exchange Act of 1934, alleging that the company misled investors about the prospects of FDA approval. The Third Circuit affirmed the dismissal of the plaintiffs’ complaint.
  • Lead appellate counsel for the Renewable Fuels Association (RFA) in the US Court of Appeals for the Ninth Circuit, defending the district court's ruling in favor of the RFA that California's Low Carbon Fuel Standard program violates the dormant Commerce Clause by discriminating against out-of-state corn-derived ethanol while favoring in-state corn ethanol and impermissibly regulating extraterritorial conduct.
  • Obtained a victory in the US Supreme Court, vacating an adverse decision from the Federal Circuit, in a highly publicized tax case that addressed the issue of whether an understatement of income resulting from an overstatement of tax basis for sold property qualifies as an omission from income giving rise to an extended six-year (as opposed to three-year) period for tax assessment.
  • Obtained a victory in the Supreme Court of Washington that orthopaedic surgeons and other physicians are permitted to employ physical therapists in their medical practices consistent with the State’s physician self-referral law and corporate practice of medicine doctrine.

Recognition

Super Lawyers, Washington, DC, 2014–2016, 2018
Newsletters
November 2011
September 2011
October 2010
Presentations
October 5, 2018
Going Alone or Gaining a Partner: Evaluating Options with Hospitals, Private Equity and MSOs | American Urological Association Mid-Atlantic Section | Washington, DC
April 26, 2017
Presenter | Anatomy of a Medical Practice's Data Breach: The First 72 Hours | Webinar
November 4, 2016
Going Alone or Gaining a Partner: Evaluating Options with Private Equity MSOs and Hospitals | Large Urology Group Practice Association Annual Meeting | Chicago, Illinois
March 27, 2015
The Battle to Protect Integrated Care Furnished by Independent GI Practices: A National and State Perspective | GI Roundtable | Boston, Massachusetts
July 17, 2014
Managing Risk: Lessons Learned From a Decade Representing Specialty Practice in Internal and Regulatory Investigations | Washington, DC
June 20, 2013
When the Government Comes Knocking: What Every Medical Practice Group Should Know in Advance | Washington, DC
March 9, 2012
The Battle to Protect Integrated Care Furnished By Independent Orthopaedic Practices | The OrthoForum 2012 Mid-Year Meeting | Dallas, Texas
March 5, 2012
Mobilization: Lessons Learned from the New Jersey Patient Care and Access Coalition | 7th Annual Urology Joint Advocacy Conference | Washington, DC
September 16, 2011
The Battle to Protect Integrated Care Furnished By Independent Orthopaedic Practices | Amelia Island Orthopaedic Forum | Amelia Island, Florida
August 21, 2011
Urology Under Attack: The Battle at the State Level | Western Section American Urological Association Health Policy Forum | Vancouver, British Columbia
May 15, 2011
Defending the Integrated Model of Cancer Care: Lessons from Florida | Large Urology Group Practice Association Symposium, American Urological Association National Convention | Washington, DC
March 27, 2011
Maryland: Ground Zero in the Battle to Protect In-Office Ancillary Services | American Urological Association: American Association of Clinical Urologists Joint Advocacy Conference | Washington, DC
April 28, 2010
Ancillary Services Under Attack: An Update on Physician-Owned Physical Therapy Services and In-Office Imaging | American Association of Orthopaedic Surgeons State Societies Strategy Meeting | Washington, DC
April 29, 2009
Ancillary Services Under Attack? The Battle at the State Level | American Association of Orthopaedic Surgeons State Societies Strategy Meeting | Washington, DC
November 15, 2008
Responding to the Attack on In-Office Imaging and Radiation Therapy Services | Washington State Orthopaedic Association 2008 Annual Meeting | Seattle, Washington
September 26, 2008
The Legal Battle for Ancillary Services | Florida Association of Orthopedic Administrators Annual Conference | Orlando, Florida
August 8, 2008
The Legal Battle for Ancillary Services | South Carolina Orthopaedic Association Annual Conference | Kiawah Island, South Carolina
May 18, 2008
Urology Practice Consolidation: Achieving Better Patient Service and Enhanced Economies of Scale | American Urological Association National Convention | Orlando, Florida
April 30, 2008
The Legislative-Legal Connection: Shaping Policy Through Parallel Strategies | National Orthopaedic Leadership Conference | Washington, DC
March 30, 2008
Case Study in State Activity: Urology's Role in Maryland | American Urological Association / American Association of Clinical Urologists Joint Advocacy Conference | Washington, DC
Howard R. Rubin

Education

  • JD, Duke University School of Law, with high honors, Order of the Coif
  • BA, University of Miami, summa cum laude, Phi Beta Kappa

Bar Admissions

  • District of Columbia
  • Maryland

Court Admissions

  • US Supreme Court
  • US Court of Appeals, Federal Circuit
  • US Court of Appeals, Second Circuit
  • US Court of Appeals, Third Circuit
  • US Court of Appeals, Fourth Circuit
  • US Court of Appeals, Fifth Circuit
  • US Court of Appeals, Sixth Circuit
  • US Court of Appeals, Seventh Circuit
  • US Court of Appeals, Ninth Circuit
  • US Court of Appeals, Tenth Circuit
  • US Court of Appeals, Eleventh Circuit
  • US Court of Appeals, District of Columbia Circuit

Recognition

Super Lawyers
Washington, DC, 2014–2016, 2018
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