Floyd D. Perkins

/My focus

I regularly advise and litigate complex commercial matters and healthcare compliance and recoupment actions, as well as serve in corporate investigations and in white collar crime matters.  Before entering private practice, I served as a litigation chief for the Illinois Attorney General for 14 years where I advised four Attorneys General on legal matters and headed up a team of lawyers and accountants in numerous lawsuits and investigations and participated in numerous mediations and settlements.

/Representative experience

• Perez v. Clyde Park District—Successfully represented an employee, discharged for whistleblowing showing misuse of board oversight through jury verdict
• Successfully represented shopping center owners preventing a wrongful condemnation and negotiating a favorable settlement
• Moline School District v. Quinn (2016)—Represented the school district from trial court through appeal and successfully had the Illinois Supreme Court declare legislation to be unconstitutional
• In Caro v. Blagojevich (2008)—Represented taxpayers in a challenge finding the governor and state agency exceed legislative authority in expanding state program provisions
• Successfully defended nursing home seeking injunction against the state, arguing insufficient basis to shut down the facility; concluded with a right to continue operations
• Represent hospital client in state injunction action to enjoin the State Department from applying unlawful rules
• Conducted corporate investigation related to securities regulations regarding derivative brokers under internal review
• Successfully reduced initial recoupment demands of $15 million+ to settlement at less than $150,000 in six Office of Inspector General audits
• Defended hospitals in consumer fraud claims on charity care applications and in billing allowances
• Represented county chairman in litigation against county treasurer disputing limits of budgeting and the use of special county funds
• Represented a half-dozen hospitals and health systems in Medicaid recoupment demand actions by the Illinois Department of Healthcare and Family Services Office of Inspector General related to Medicaid reimbursement
• Represented bank in litigation against contractor for defective design and install on multimillion-dollar build-out of a trading floor
• As a supervisor in the Illinois Attorney General office, supervised teams of lawyers and accountants, and litigated or tried over a thousand cases, concerning breach of fiduciary duty, fraud, and negligence, including a number of probate will and trust construction cases
• Represented the State of Illinois before the United States Supreme Court in a case establishing actions for actual fraud were properly brought even when first amendment free speech was involved in soliciting representations
• Successfully brought an action on behalf of the People of the State of Illinois to enjoin the relocation of a charitable museum from Chicago, settling and assuring the museum remained in Illinois
• Litigated the removal of an executor who was then serving as a sitting circuit court judge for misappropriation, resulting in the judge’s resignation and a judgment for $3 million
• Initiated a trust contest recovering millions of dollars taken from a senior citizen by undue influence

/Looking ahead

Government regulation is becoming increasingly complex and prevalent. I see client expectations rising for outside counsel to anticipate investigations and proactively suggest actions that can limit exposure and costs.

My background as a Certified Public Accountant brings added perspective to addressing matters. This experience aids in evaluating matters and representing clients to fully address the facts in each matter and to work with clients to put the right group of professional together for each matter to achieve successful results.

/Insights

• Panel moderator, “Attorney General Update,” Kent Law School Annual Not-For-Profit Conference 2015, 2016, 2017 and 2018
• Co-author, “Charitable Litigation,” chapter in Litigating Disputed Estates, Trusts, Guardianships, and Charitable Bequests, Illinois Institute for Continuing Legal Education, January 2009, revised 2012 and 2016
• Panelist presenter, “Keeping Ahead—The Advantages of Self-Disclosure,” Life Services Network 2013 Annual Meeting, Navy Pier Chicago, IL, May 2013
• Presenter, “Proactive Strategies to Address Healthcare Investigations, Recoupment Demands & Repayment Obligations,” web-conference sponsored by Ungaretti & Harris LLP, Chicago, April 2012
• Presenter, “Healthcare Transformation: Not-For-Profit Board and Trustee Duties and Considerations,” Healthcare Transformation Summit, Info Cast Events, Washington DC, April 2012
• Presenter, “Rules and Regulations of Illinois Attorney General,” Illinois CPA Society Not-For-Profit Conference, Springfield, IL, December 2011
• Presenter, “Property Tax Exemption in Illinois Post-Provena,” 4th Annual Healthcare Conference sponsored by Ungaretti & Harris LLP, March 2010
• Presenter “Government Regulations,” Illinois Institute of Continuing Education Seminar “Creating and Representing Not-For-Profit Corporations in Illinois,” May 2009
• Presenter, “Role of the Attorney General in Charitable Trusts,” Chicago Council of Planned Giving, November 2008
• Co-Presenter, “Business Basics for Healthcare Lawyers—Knowing Your Client’s Business,” Illinois Association of Health Attorneys, Chicago, IL, Sept 2008
• Co-Presenter, “Role and Responsibilities of a Health Foundation Trustee,” Grant Makers in Health Conference “The Art & Science of Health Grantmaking,” Chicago, IL, October 2007
• Presenter, “Donor Due Diligence—Update on the Increasing Activism by State’s Attorney Generals with Charitable Organizations,” Arthritis Foundation Greater Chicago Chapter, April 2004
• Presenter, “Issues Relating to Transactions Between Not-For-Profit and For-Profit Healthcare Providers,” Healthcare M&A & Corporate Development Conference, April 2004