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Keshav Ahuja

Associate

[email protected]

+1.617.348.1813

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Keshav is a litigator who focuses on complex commercial litigation, securities litigation, class actions, and other litigation matters.

Prior to completing his law degree, Keshav worked as a Summer Associate at Mintz. In that capacity, he provided research and analyses for a variety of litigation cases and drafted related memoranda. In addition, Keshav worked as a legal intern at Greater Boston Legal Services, where he conducted legal research pertaining to eviction defense and public housing issues.

While earning his undergraduate degree in electrical engineering, Keshav served as director of public relations for the Ohio State chapter of Project Nicaragua, an organization that works to improve the quality of life in Nicaragua by supporting local businesses, education, and public health. He also held internship positions in IT and electrical engineering.

viewpoints

This July, we detailed the Supreme Court’s surprising revival in United States ex rel. Polansky v. Exec. Health Resources, No. 21-1052 (S. Ct. June. 16, 2023), of the question of whether the qui tam provisions of the False Claims Act (“FCA”), see 31 U.S.C. § 3730(b)(1), violate the Executive Branch’s exclusive grant of authority under Article II of the United States Constitution. In Polansky, a lengthy dissent by Justice Thomas questioned whether the False Claims Act qui tam provisions violated the Appointments Clause and Take Care Clause of Article II of the United States Constitution, arguments that had been endorsed by the Department of Justice (“DOJ”) in the 1989, though ultimately repudiated by DOJ just seven years later. A concurrence by Justice Kavanagh, joined by Justice Barrett, stated that “the Court should consider the competing arguments on the Article II issue in an appropriate case.” Shortly after Polansky was decided, a defendant in a declined qui tam case pending in the United States District Court for the Northern District of Alabama accepted Justice Kavanagh’s invitation, and moved to dismiss on Article II grounds. In a decision entered in November, the District Court rejected that challenge.

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Do the qui tam provisions of the False Claims Act (FCA), see 31 U.S.C. § 3730(b)(1), violate the Executive Branch’s exclusive grant of authority under Article II of the United States Constitution? This long-dormant question has been revived in a surprising context. In its recent decision in United States ex rel. Polansky v. Exec. Health Resources, No. 21-1052 (S. Ct. June. 16, 2023), the Supreme Court affirmed the government’s authority to intervene to dismiss a whistleblower action, even after initially declining to intervene in the case. Knowledgeable FCA practitioners expected this result. Less expected was Justice Thomas’s dissent, which argued that the case should have been remanded to allow the parties to brief and argue whether Article II forbids allowing private citizens to maintain FCA claims on behalf of the government. A concurrence by Justice Kavanagh (joined by Justice Barrett), while rejecting Justice Thomas’s call for a remand, nonetheless stated that “the Court should consider the competing arguments on the Article II issue in an appropriate case.” With three justices expressing interest in this question—and only four justices being required to grant certiorari—health care enforcement defense attorneys should now consider whether to raise the constitutionality of the FCA’s qui tam provisions when relators move forward to litigate cases that the government declines to pursue.

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Mintz’s pro bono work for The Food Project, a nonprofit focused on youth development and reducing food insecurity, has included advising the organization on governance, real estate, employment, privacy, and litigation matters.
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Health Care Enforcement Year in Review & 2021 Outlook

February 18, 2021 | | By Eoin Beirne, Brian Dunphy, Karen Lovitch, Kevin McGinty, Samantha Kingsbury, Keshav Ahuja, Grady Campion, Jane Haviland, Caitie Hill

Despite the threat of COVID-19 paralyzing much of the country in 2020, government health care fraud enforcement continued even though the Department of Justice (DOJ) had the added burden of pursuing COVID-19 related fraud. Mintz’s Health Care Enforcement Defense team has reviewed the key policy issues, statistics, settlements, and court decisions from 2020, and in this report we reflect on those developments and also predict the trends in health care enforcement in 2021 and beyond.
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News & Press

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Mintz Associate Keshav Ahuja was featured in Bloomberg Law’s “Acing It as a Summer Associate” series which asked new associates who participated in recent summer programs for lessons they’d share with new summer associates. Specifically, Mr. Ahuja described gaining exposure to various areas of legal practice as the most valuable aspect of the programs, along with forming relationships with peers during his time as a summer associate.
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