Rachel Hutchinson

Representative Experience

Investigations and Government Enforcement

• Defended genetic testing company in investigation initiated by OIG, Health & Human Services subpoena concerning potential False Claims Act violations.
• Conducted an internal investigation for a diagnostic testing company concerning potential violations of the federal Stark and Anti-Kickback laws.
• Conducted internal investigation for, and counseled the board of, a Boston-area medical center concerning the tragic death of a young woman having a severe asthma attack steps from the emergency room entrance. This engagement included recommendations to improve organizational communications, accountability and cohesion.
• Conducted an internal investigation for a major Boston university into anonymous allegations of wrongdoing against the director of human resources.

Compliance and Strategic Advising 

• Advised major Boston university on implementation of race-conscious admissions program.
• Drafted the compliance policies of a diagnostics company, advised the company on the establishment of its compliance program, and provided compliance training.
• Advised genetic testing company on fraud and abuse issues related to physician and patient interactions.
• Advised state-level transportation agency with respect to potential civil rights violations associated with major operational change.

Business Litigation and Dispute Resolution

• Defended a sovereign government against allegations of state-sponsored hacking and cyber-espionage, including alleged violations of the Federal Computer Fraud and Abuse Act, the Federal Stored Communications Act and the Federal Wiretap Act.
• Represented a major U.S. energy company in a serious accident involving multiple fatalities, successfully recovering substantial defense costs from other responsible parties and their insurers. 

Pro Bono

• Commonwealth v. Evelyn, Massachusetts Supreme Judicial Court (2020), amicus brief on behalf of the Massachusetts Association of Criminal Defense Lawyers, the ACLU of Massachusetts, the New England Innocence Project and others concerning racial bias in establishing reasonable suspicion to justify a search.
• SFFA v. Harvard, United States District Court for the District of Massachusetts (2019), First Circuit Court of Appeals (2020), amicus brief on behalf of Asian American Legal Defense and Education Fund defending the use of race-conscious admissions. 
  
  

Professional Experience

• Seconded at Blue Cross Blue Shield of Massachusetts assisting in healthcare fraud & abuse investigations and litigations