Matthew J. Chisman – Associate
Ohio State University, Moritz College of Law, (J.D., 2010, summa cum laude)
George Mason University, (B.A., 2006)
U.S. District Court, N.D. Ohio
U.S. District Court, S.D. Ohio
U.S. Court of Appeals, Sixth Circuit
- Professional/Civic Involvement
Matthew J. Chisman is an associate attorney at Kaufman & Company. Mr. Chisman previously served as law clerk to the Honorable Sara Lioi of the United States District Court for the Northern District of Ohio and as judicial extern to the Honorable R. Guy Cole Jr. of the United States Court of Appeals for the Sixth Circuit. He also practiced four years as an associate attorney in the Business and Tort Litigation group of the Columbus, Ohio, office of Jones Day, where his work primarily focused on internal investigations and complex commercial litigation in areas including class actions, construction, contract disputes, and general business litigation, with a special emphasis on defending health care providers from actions under the federal and state False Claims Acts.
- Successfully defended Time Warner Cable in federal district court and before the Sixth Circuit in a suit under the Electronic Communications Protection Act seeking damages for an allegedly improper response to a subpoena from law enforcement authorities seeking subscriber information. The case presented a question of first impression regarding the interpretation of a section of the ECPA. Drafted the prevailing brief in the district court and the Sixth Circuit.
- Secured dismissal of all claims against a specialty pharmacy serving long-term care facilities in a qui tam lawsuit accusing the pharmacy of violating the federal False Claims Act, including the FCA’s recently amended prohibition on “reverse” false claims. Relator had asserted that Defendants violated the federal False Claims Act by, among other things, accepting returns of pharmaceuticals from nursing facilities and not issuing a refund or credit either to the appropriate government payors (Medicaid and Medicare, among others) or to the facilities. Relator also contended that Defendants double-billed the government for medications. The judge granted the pharmacy’s motion to dismiss, finding the relator failed to identify an obligation to pay or transmit money to the government that Defendants had improperly avoided, and rejected Plaintiff’s attempt to amend to add claims.
- Represented a national owner of multi-family residential and commercial apartment complexes in North Carolina, Ohio, and Pennsylvania, in connection with multiple claims against the general contractor and design professionals for severe construction and design defects. The claims involved ten multi-family apartment projects with well over 3,100 individual apartments and claims for damages in excess of $41 million. The team represented the owner in multiple federal and state court actions, voluntary and court-ordered mediations, and the subsequent sale of a portion of the apartment portfolio. The litigation involved approximately 95 parties with multiple depositions, document productions, expert evaluations, and dispositive motions.
- Successfully defended a former Columbus City Schools Superintendent in a data scrubbing case. Following an exhaustive two-year investigation by federal, state, and local authorities into allegations of grade manipulation and changes to attendance data to reflect improved student performance, the client was cleared of the most serious charges. She agreed to enter a no contest plea to a second degree misdemeanor to resolve the matter. She was sentenced to community service and one year of non-reporting probation.
- Represented a nationwide provider of health care diagnostic testing services in one of the first cases litigated under the Virginia Fraud Against Taxpayers Act, an analog to the federal False Claims Act. Relators alleged the provider billed the Commonwealth’s Medicaid program in violation of Medicaid regulatory rules and violated the federal Anti-Kickback Statute through its discounting practices. After representing the provider during the government’s investigation and convincing the government to decline to intervene, the team successfully removed the qui tam action to federal court in the Eastern District of Virginia and obtained complete dismissal of all claims.
- Ohio State Bar Association
Breach of Contract