Brian Markovitz is a principal in the firm’s Labor and Employment and False Claims Act Litigation practice groups who focuses primarily on helping victims who have suffered severe injustice in the workplace, including whistleblowers. Brian works hand in hand with law enforcement officials to stop fraud against the government and helps the brave people who come forward to report fraud and are retaliated against by their employers.
A very important area where Whistleblowers are needed is HUBZone fraud. HUBzones are a diversity program meant to locate headquarters of small businesses in distressed areas and have them hire residents from those disadvantaged neighborhoods. In return, the federal or local governments allows those companies to gain preferential access to government contract opportunities. Unfortunately, companies often lie to get the bidding advantage and either don’t put the headquarters in the disadvantaged neighborhoods or don’t hire the people from those neighborhoods or both. Recent Department of Justice trends illustrate the government’s focus on prosecuting individuals who are taking advantage of contracting opportunities that have been set aside for businesses located in underdeveloped communities, and whistleblowers are a key element in catching these bad actors.
If you know of a company that is lying about its HUBZone status to win government contracts, contact Brian. Brian is nationally recognized as a leading practitioner in the representation of whistleblowers in individual and class action suits involving employer violations of the federal False Claims Act. Popular news sources such as The Washington Post, Baltimore Sun, Bloomberg BNA, and The Wall Street Journal often ask Brian to provide commentary on high-profile whistleblower cases litigated throughout the country. His clients span numerous industries – health care, pharmaceuticals, construction plus many more – and he has a unique ability to hold companies and individuals accountable for engaging in massive fraudulent schemes and retaliating against clients who have the courage to blow the whistle
Brian has achieved successful outcomes in numerous whistleblower actions. He has represented a government contractor in Afghanistan who blew the whistle on his employer’s misappropriation of government funds. Brian’s investigation uncovered fraudulent subcontracts worth nearly $20 million that led to the indictments of the scheme organizers and a favorable settlement for his client. He also helped a client blow the whistle on Allergan, the maker of Botox®, based on its off-label marketing of the product for pharmaceutical purposes. The efforts of Brian’s team ultimately led to Allergan’s guilty plea to criminal charges and a total settlement of $600 million in civil and criminal fines.
Clients trust Brian to help them during their most desperate times, and they appreciate his dedication to correcting injustices that have a tremendous impact on their lives. He brings an individualized and holistic approach to every case, taking into account each client’s distinct needs and goals in resolving the dispute. Brian has seen a wide variety of controversies that his clients can encounter in the workplace, and he’s fully prepared to protect or enforce their rights in a tough courtroom battle when all other alternatives to resolve the dispute have been exhausted. Brian’s goal isn’t just to win the case – it’s also about helping each client in every way he can.
Dickinson College, B.A., 1993
Georgetown University Law Center, J.D., 2000
Washington, D.C., 2000
U.S. District Court for the District of Columbia
U.S. District Court for the District of Maryland
U.S. District Court Northern District of Illinois
U.S. Court of Appeals for the Fourth Circuit
Outside the Office
Brian is a drummer in indie rock bands that played at famous venues and events such as New York City’s CBGB's, the District of Columbia’s 9:30 Club and the Black Cat, and at Lollapalooza. He still enjoys playing the drums when he's not spending time with his children at school functions and sporting events.
Awards & Honors
- Local Litigation Star, Benchmark Guide, 2012
- Local Litigation Star, Benchmark Guide, 2013
- Speaker, Jackson Lewis Government Contractor Symposium, March 2017
- Speaker, Virginia State Building & Construction Trades Council, Winter Meeting, January 2015
- Presenter, “Emerging Legal Landscape of Discrimination,” Maryland Chamber of Commerce Labor and Employment Law Conference, November 2014
- Quoted in Bloomberg BNA, Showdown Over Class Action Waivers to Kick Off High Court’s Term,October 2017
- Quoted in Bloomberg BNA, Prior Settlement Knocks Out Lawsuit Against Pediatric Providers, September 2017
- Quoted in Law360, 3 Questions Facing Employers As DACA Dissolves, September 2017
- Quoted in Law360, High Court Term Ends with Little Fireworks, July 2017
- Quoted in Law360, Attys Dish On Escobar's FCA Impact One Year Later, June 2017
- Quoted in Law360, What United and Fox Can Teach Companies About Victim Blaming, May 2017
- Quoted in Law360, UNC 'Sham' Classes Claims To Have A Tough Time In Court, May2017
- Quoted in Bloomberg Law, DOJ Joins One More Whistle-Blower Lawsuit Alleging UnitedHealth Overcharged Medicare, May 2017
- Authored article for Bloomberg Law, Don’t Let Implied-Certification False Claims Bring You Down: Just Remember the Golden Rule!, April 2017
- Quoted in Law360, Acosta Hearing Expected To Drill Down On DOJ Tenure, March 2017
- Featured in The Maryland Daily Record, Md. lawyer making ‘Wednesday’ happen, February 2017
- Quoted in Bloomberg BNA, Escobar FCA Claims Clear First Circuit Setting Up Implied Certification Theory Trial, December 2016
- Appeared on Fox News, Washington DC Police Officer Wins Employment Discrimination Case, January 2016
- Featured in Westlaw Journal, 2 Firms Pay $1.75 Million to End Afghanistan Contract Fraud Case, October 2015
- Quoted in Law360, 6th Circ. Denies Hospital's En Banc Review Plea In FCA Case , April 2015
- Quoted in CBS Moneywatch, Why Amazon is nervous about Supreme Court case, October 2014