Susan R. Hershman


Senior Counsel
shershman@ggtriallaw.com
Direct: (213) 334-7018
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Los Angeles

601 S. Figueroa Street
30th Floor
Los Angeles, CA 90017
Main: (213) 334-7000


Susan Hershman is a seasoned business litigator who excels in strategies for civilly prosecuting and resolving multi-million dollar cases. A 21-year veteran of the United States Department of Justice, she is the firm’s specialist in the federal and state False Claims Acts.

Prior to joining Greenberg Gross, Ms. Hershman litigated complex business cases in private practice for over 16 years, representing both plaintiffs and defendants in a wide range of disputes in federal and state courts, and then joined the United States Attorney’s Office in Los Angeles. There she served as an Assistant U.S. Attorney for 21 years in the office’s Civil Fraud Section, at the time the largest dedicated federal affirmative civil enforcement office in the nation, outside of Washington, D.C. She was the Deputy Chief of that Section for more than 12 years.

Her own cases have involved the federal and state False Claims Acts; the Federal Acquisition Regulation; government health care law (Medicare, Medicaid, Tricare, and other programs); government contract law; aerospace and defense contracting; defense contract cost accounting; defective products and false testing; classified investigations and litigation; and whistleblower issues. She is an expert on public disclosure law.

As Deputy Chief of the Civil Fraud Section, Ms. Hershman also supervised an average of more than 71 False Claims Act and other government affirmative cases per year. She has decades of experience working with the major federal agencies affected by the Act, including the Centers for Medicare and Medicaid Services, the Department of Defense, NASA, and the National Reconnaissance Office, and in industries involving a wide variety of companies and products, including pharmaceutical manufacturers, hospitals, physician practices, durable medical equipment, satellites, rockets, and cutting-edge nanotechnology.

For 11 years, Ms. Hershman held a U.S. Department of Justice Top Secret Clearance, and prior to that, a National Reconnaissance Office Top Secret Clearance.

Representative Matters

  • Lead Counsel for the United States and State of California government team in negotiating a $323.67 million settlement (including handshake interest), prior to government intervention, in an investigation regarding alleged Medicare Part C fraud and mistakenly inflated Medi-Cal capitated payments to a managed care plan. Achieved victories on public disclosure thereafter.
  • Lead Counsel for the Office of the U.S. Attorney, Central District of California in an investigation involving allegedly defective heterojunction bipolar transistors used in government satellites; $325 million settlement after government intervention, at the time the largest civil settlement within the national intelligence community.
  • Lead Counsel for the Office of the U.S. Attorney, Central District of California in litigation regarding five alleged cost accounting fraud schemes; successfully recommended government intervention on two previously declined schemes, then promptly won a falsity summary adjudication on one of them; $111.2 million settlement close to trial, after comprehensive discovery and government victories on motions for summary adjudication.
  • Lead Counsel in an investigation regarding allegedly unnecessary durable medical equipment; $17.6 million settlement before government intervention.
  • Four-attorney team member, with then Assistant U.S. Attorney Wayne R. Gross (now a founding Partner of Greenberg Gross LLP), in litigation concerning an allegedly fraudulent sale-leaseback of a government contractor’s corporate headquarters; $35 million settlement close to trial, after comprehensive discovery and government victories on multiple motions for summary adjudication and motions in limine. At the time, this was the second largest settlement in the history of the Civil Fraud Section.
  • Lead counsel and sole line attorney in an investigation of allegedly medically unnecessary neuropathy testing; $1.3 million settlement before government intervention.
  • Lead Counsel and sole line attorney in an investigation of a government contractor’s inclusion of the costs of its commercial metrology services in government indirect costs; $13.95 million settlement before government intervention.
  • Lead Counsel and sole line attorney in an investigation of a PC manufacturer’s sales to the government of allegedly “new” computers containing used parts; $3.5 million settlement before government intervention. Achieved a victory on public disclosure thereafter.

Awards & Recognitions

  • 2013 California Lawyer Attorney of the Year (CLAY) Award
  • U.S. Department of Justice Civil Division Perseverance Award
  • U.S. Department of Justice Director’s Award
  • Nominated by the U.S. Attorney, Central District of California for U.S. Department of Justice Director’s Awards for work leading to settlements totalling $434.87 million

Publications & Lectures

  • Implied Certification and Materiality: Then and Now in False Claims Act Lawsuits
    Presentation on Materiality Two Years After Universal Health Services, Inc. v. U.S., et al. ex rel. Escobar, et al., 136 S.Ct. 1989 (2016)
    September 2018 | TheKnowledgeGroup.org
  • Practical Tips for Whistleblowers (Relators) and Qui Tam Counsel
    Presentation in the Qui Tam & the False Claims Act: Future Trends and Developments LIVE Webcast
    November 2017 | TheKnowledgeGroup.org
  • Materiality in Universal Health Services, Inc. v. U.S., et al. ex rel. Escobar, et al., 136 S.Ct. 1989 (2016)
    Presentation in the False Claims Act/Qui Tam Whistleblowers Litigation: Hot Buttons in 2017 LIVE Webcast
    March 2017 | TheKnowledgeGroup.org
  • Whistleblowers and the False Claims Act 2012: What You Need to Know
    Panel Participant
    November 2012 | Practicing Law Institute, San Francisco, CA
  • Los Angeles Superior Court Extern Program
    Presentation to LASC judicial externs on Civil Fraud and the False Claims Act
    June 2012 | United States Attorney's Office, Los Angeles, CA
  • California Chapter of the Association of Inspectors General Conference
    Lecture and PowerPoint presentation entitled “Elements of Civil Fraud Cases”
    September 2011 | Long Beach, California (Glenn M. Anderson Federal Building)
  • Affirmative Civil Enforcement (“ACE”) Hot Topics Conference, sponsored by the National Executive Office for U.S. Attorneys
    Lecture and PowerPoint presentation entitled “Defective Products in the False Claims Act Context” (presented in two sessions to ACE attorneys from across the United States)
    June 2010 | Columbia, South Carolina (National Advocacy Center)
  • Institute of Internal Auditors, Los Angeles Chapter Conference
    Lecture and PowerPoint presentation entitled “Investigating Civil Fraud and Related Misconduct”
    April 2010 | Los Angeles, California
  • Los Angeles Chapter of the Association of Inspectors General Luncheon
    Lecture and PowerPoint presentation entitled “Investigating Civil Fraud and Related Misconduct”
    April 2010 | Los Angeles, California
  • NASA Management Office, Acquisition Integrity Training
    Lecture and PowerPoint Presentation on “Civil False Claims Act Prosecution and the Government Agency’s Role”
    March 2009 | La Cañada, California (Jet Propulsion Laboratory)
  • National Conference of the National Association of Inspectors General Conference
    Lecture on Investigative “Do’s” and “Don’ts”
    November 2008 | Long Beach, California (RMS Queen Mary)
  • U.S. Procurement Fraud Working Group Conference
    Presentation, in conjunction with the NASA Acquisition Integrity Program Counsel and the NASA Office of the Inspector General, on “Developing and Strengthening Working Relationships Among Investigators, Fraud Counsel, and DOJ”
    April 2008 | Daytona Beach, Florida
  • NASA Office of the Inspector General, Western Field Office Training
    Updated Lecture and PowerPoint Presentation on “Investigating Civil Fraud and Related Misconduct (False Claims Act, Common Law Fraud, and Other Misdeeds)”
    August 2007 | Santa Barbara, California
  • U.S. Department of Health and Human Services, Office of the Inspector General Training
    Lecture and PowerPoint Presentation, for new Special Agents of HHS OIG, focusing on the False Claims Act, other common law causes of action, and how to work with and present cases to the Civil Fraud Section of the United States Attorney's Office
    July 2007 | United States Attorney's Office, Los Angeles, California
  • National Reconnaissance Office, Office of the Inspector General Training
    Lecture and PowerPoint Presentation on “Investigating Civil Fraud and Related Misconduct”
    April 2007 | Los Angeles, California (Classified Location)
  • NASA Office of the Inspector General, Western Field Office Training
    Lecture and PowerPoint Presentation on “Investigating Civil Fraud and Related Misconduct (False Claims Act, Common Law Fraud, and Other Misdeeds)”
    April 2006 | San Diego, California
  • Research Center on Anti-Corruption and Governance in the School of Public Policy and Management, Tsinghua University Lectures
    Lecture and PowerPoint Presentation (in English with Mandarin written and oral translation) on the U.S. False Claims Act
    July 2005 | United States State Department, Beijing, China
  • 4th Annual Conference on Qui Tam Litigation
    Panel Participant regarding "Motion Practice: Sealing, Discovery, Rule 9, Original Source, Parallel Proceedings"
    September 2004 | CLE International, San Francisco, California
  • Corporate Governance: Protecting the Corporation, Officers and Directors from Liability, Compliance Issues in the Post-Enron and -WorldCom Environment
    Panel Participant regarding “Responses to Regulatory and Other Government Inquiries -- A Roundtable Discussion”
    November 2002 | CLE International, Los Angeles, California
  • Qui Tam Litigation Conference
    Panel Participant regarding U.S. Government Intervention in a False Claims Act Qui Tam Action
    April 2002 | CLE International, San Francisco, California
  • U.S. Department of Health and Human Services Training
    Panel participant in a presentation to federal agents from various agencies, with the Criminal Division of the United States Attorney's Office, on Obtaining and Organizing Documents for a Fraud Case
    May 2001 | Los Angeles, California (LAPD Training Division, Elysian Park)
  • Qui Tam Litigation Conference
    Paper entitled “The Law of Public Disclosure in the Ninth Circuit”
    March 2001 | CLE International, San Francisco, California
  • Qui Tam Litigation Conference
    Panel Moderator regarding Litigating a False Claims Act Case
    March 2000 | CLE International, San Francisco, California
  • The Computer Lawyer
    Article entitled "Technological Ties”
    November 1986 | Los Angeles, California
  • Representing High Technology Companies: Second Annual Institute
    Lecture and paper on Antitrust Issues Relating to Small and Mid-Sized High-Technology Companies
    February 1986 | University of Colorado School of Law-sponsored national program, Denver, Colorado
  • Networking ’85 Conference
    Lectured to Japanese and American high-technology CEOs on American copyright law as it relates to computer software, and chaired a panel of American and Japanese attorneys on legal issues relating to Japanese high-technology companies
    March 1985 | Tokyo, Japan

In the News

  • Daily Journal Names Greenberg Gross One of California’s Top Law Firms
    October 26, 2017 | Los Angeles Daily Journal | Read Article
  • Greenberg Gross Profiled in Daily Journal
    October 21, 2016 | Los Angeles Daily Journal | Read Article

Education

J.D., University of California at Berkeley School of Law (Boalt Hall), 1978

A.B., cum laude, Harvard College of Harvard University, 1975

Admissions

State of California

U.S. District Court for the Central District of California

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of California

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