Vivek Kothari

Vivek Kothari

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Vivek Kothari is a former federal prosecutor who specializes in investigating and litigating whistleblower claims under the False Claims Act.

He has a proven track record of protecting whistleblowers who expose fraud against the government and securing significant rewards for his clients. You can find out more information about the whistleblower practice and recent cases at Whistleblower Law Partners

Vivek couples his whistleblower practice with a robust commercial litigation practice. He advises businesses and individuals on resolving complex disputes involving trade secrets, employment, securities, corporate governance, and contract issues. With extensive trial experience in federal and state courts, Vivek has successfully represented clients in high-stakes cases, including securities fraud and trade secret litigation.

His dual focus allows him to bring a strategic and comprehensive approach to every case, whether advocating for whistleblowers or defending clients in intricate commercial disputes. Vivek’s dedication to justice and his deep legal knowledge make him a formidable advocate in both arenas.

Vivek campaigned for President Obama in Virginia and co-founded the Oregon Clemency Project to create a more just, transparent, and equitable clemency process in Oregon.

 Some of his experience includes:

  • Representing a serial entrepreneur in a $60 million securities and breach of fiduciary duty case. 
  • Representing the director of a blockchain company against securities fraud claims. 
  • Representing the State of Oregon in a $100 million Medicaid reimbursement rates case.
  • Representing Governor Kate Brown, the Oregon Department of Human Services, and other State defendants in class action litigation related to Oregon’s foster care system.
  • Trial counsel for plaintiff Opal Labs, Inc. in the largest trade secret jury trial in Oregon history. The dispute involved allegations of software theft and espionage by Opal’s competitor. After a multi-week trial, the jury returned unanimous verdicts for misappropriation of trade secrets and breach of the parties’ confidentiality agreements. (See article here.) On the eve of a second trial, Sprinklr paid a large, eight-figure settlement to Opal.
  • Winning summary judgment for a pro bono client in Llanes v. Zalewski, 412 F. Supp. 3d 1266.
  • Prosecuting public corruption by prison guards smuggling contraband into prison facilities. United States v. Fluellen et. al., N.D.Ga., Atlanta Division, Case No. 3:16-cr-03-TCB-RGV.
  • Prosecuting cyber-criminals who hacked into Apple accounts of professional athletes and musicians. United States v. Ford, N.D.Ga., Atlanta Division, Case No. 1:18-cr-133-TCB-CMS.
  • Prosecuting an individual who shot at and hit federal law enforcement officials. United States v. Robinson, D.Sc., Columbia Division, 5:14-cr-809-JMC.
  • Prosecuting PCP manufacturers whose lab exploded.  United States v. Warnock et. al., N.D.Ga., Atlanta Division, 1:14-cr-15-AT-RGV.
  • Prosecuting a police officer who used his law enforcement position and his patrol car to intercept and steal drugs and money. United States v. Hubbard et. al., N.D.Ga., Atlanta Division, 1:16-cr-00151-LMM-JFK.


October 08, 2024

Former chief compliance officer reports Stark Act and Anti-Kickback Statute violations, will collect over $5 million.

October 08, 2024

Former chief compliance officer reports Stark Act and Anti-Kickback Statute violations, will collect over $5 million.

September 30, 2024

The Ninth Circuit just brought “some discipline . . . to the sometimes loose” use of jurisdiction in the context of the False Claims Act.  In Stein v. Kaiser Foundation Health Plan, Inc., the court concluded that a bar for whistleblowers—the “first to file bar”—is merely procedural, not jurisdictional.  This decision involved overruling circuit precedent, but according to the passionate concurrence of Judge Forrest, these past decisions should never have been treated as precedent in the first place.

September 24, 2024

Cardiothoracic surgeon Dr. Nicholas Engstrom blew the whistle on Asante Health System's fraudulent billing practices, exposing unnecessary surgeries, overbilling, and Medicare fraud.

September 18, 2024

Provisions in employment agreements or severance agreements that limit an employee's ability to report misconduct are illegal.
  • Ones to Watch, Best Lawyers in America, 2024
  • Rising Star, Oregon Super Lawyers, 2019
  • Ones to Watch, Best Lawyers in America, 2022, 2023
  • Board member, Oregon Justice Resource Center; Cofounder, the Oregon Clemency Project, 2020
  • Board Member, Federal Bar Association
  • Member, Partners in Diversity
  • Oregon
  • California (inactive)
  • Washington D.C.
  • New York
  • Georgia
  • Stanford Law School — J.D., Article Submissions Editor, Stanford Technology Law Review
  • Brown University — B.A., Computer Science and Public Policy and American Institutions

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