Overview
A former federal prosecutor, experienced trial attorney, and strategic adviser, Clay Lee represents companies, boards, and individuals in complex criminal and civil litigation, government investigations, and enforcement actions nationwide.
With nearly a decade of experience at the U.S. Department of Justice (DOJ) and eight years defending organizations and individuals facing federal and state scrutiny, Clay brings a dual perspective that helps clients confidently navigate legal challenges. At DOJ, he prosecuted violent and economic crimes, tried more than 20 federal jury trials, and argued over a dozen matters before the U.S. Court of Appeals for the Sixth Circuit.
Clay’s practice spans the full spectrum of health care risk and regulatory exposure, including:
- Internal and external investigations for health care providers, physician networks, and medical device companies
- Defense of False Claims Act matters, Anti-Kickback Statute (AKS) and Stark Law investigations, billing-and-coding disputes, and medical-necessity challenges
- White-collar criminal defense and grand-jury work, including parallel civil exposure
- Compliance and risk assessments for health care transactions and daily operations
His most significant victories are often those that never reach the public eye. His philosophy is simple: the best way to avoid a trial is to prepare for one. His meticulous preparation has led to pre-litigation resolutions and outright dismissals of cases involving state and federal agencies across the nation.
Before practicing law, Clay worked as a genetic researcher at Vanderbilt University and as an economist with the U.S. Department of Agriculture—experience that allows him to quickly master complex scientific, technical, and data-heavy evidence and present it clearly and persuasively in investigations, agency proceedings, and at trial.
What Clay Delivers for Clients
- Decisive Action in Critical Moments: Clay provides clear guidance and takes immediate steps to help clients navigate high-pressure situations with confidence.
- Private, Favorable Outcomes: By resolving matters before they escalate, Clay protects clients’ reputations and ensures sensitive issues remain confidential.
- Proactive Risk Management: Clay identifies potential vulnerabilities and implements strategies to safeguard clients from regulatory and legal challenges.
- Comprehensive Legal Preparedness: With extensive courtroom and appellate experience, Clay equips clients with the tools and strategies needed to face even the most complex legal battles.
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Focus Areas
Services
Experience
- Served as trial counsel for a business executive in an eight-week criminal trial in the U.S. District Court for the Middle District of Tennessee, alleging violations of the AKS and health care fraud statutes relating to cancer genetic test marketing.
- Represented biologics manufacturers and wound care providers in DOJ investigations related to the use, pricing, and sales of skin substitute products.
- Defended a Medicare Advantage provider network accused of violating the AKS through marketing payments in a DOJ investigation.
- Defended a nonprofit health system and affiliated entities in a False Claims Act litigation brought by the DOJ and a qui tam relator concerning physician compensation arrangements that allegedly violated the Stark Law and the AKS.
Recognition
- The Best Lawyers in America©, Health Care Law (2025 to 2026)
- The Best Lawyers in America, “Ones to Watch,” Health Care Law (2021 to 2024); Criminal Defense: White Collar (2021 to 2022)
- Mid-South Rising Stars, Health Care (2020)
Credentials
Education
- University of Arkansas, Graduate School and International Education (M.S., 2011)
- University of Arkansas School of Law (J.D., 2010)
- University of Tennessee (B.S., 2006)
Bar Admissions
- Tennessee
Court Admissions
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court, District of Columbia
- U.S. District Court, Eastern District of Tennessee
- U.S. District Court, Middle District of Tennessee
- U.S. District Court, Western District of Arkansas
- U.S. District Court, Western District of Tennessee
Events
Past Events
Insights
Insights
- BlogsThe Case for Regular Legal Maintenance: A Litigation Readiness Mindset for Modern Health Care Organizations6 minute read
- Blogs
Eleventh Circuit Allows Qui Tam Relators to Avoid Complaint Dismissal by Using Information Obtained in Discovery ...
11 minute read - BlogsNo Remuneration Plus No "But-For" Causation (Between an Alleged Kickback and Claims Submitted to the Government) Means No ...6 minute read
- BlogsImports and the DOJ’s Trade Fraud Task Force: Considerations for the Health Care and Life Sciences Industries ...8 minute read
- BlogsDOJ Launches Cross-Agency Trade Fraud Task Force: What Importers and Businesses Need to Know5 minute read
- Firm Announcements
Epstein Becker Green Attorneys Honored for Excellence in the Legal Profession by Best Lawyers 2026
12 minute read - Media CoveragePost on “But-For Causation” Standard in AKS-Based FCA Case Featured in Florida Bar Newsletter2 minute read
- BlogsFirst Circuit Joins Sixth and Eighth Circuits in Adopting “But-For” Causation Standard Under the Federal ...3 minute read
- Media CoverageClay Lee Quoted in “With Circuits Split, Mass. Judge Backs Tough Fraud Standard”2 minute read
- BlogsMassachusetts District Court Applies “But-For Causation” Standard, Dismisses AKS-Based FCA Case After Evaluating ...6 minute read
- Firm Announcements
Epstein Becker Green Attorneys Honored for Excellence in the Legal Profession by Best Lawyers 2025
14 minute read - Media CoverageLaw360 Names the Twelve Epstein Becker Green Attorneys Who Moved Up the Ranks in Q1 20242 minute read
- Media CoverageKevin Elkins, Clay Lee, Ann Knuckles Mahoney Featured in “Legal Notes: Epstein Becker Green Names Partners” ...2 minute read
- Media Coverage
As Featured in Law360: Epstein Becker Promotions Inch Up with 12 Members Named
2 minute read - Firm AnnouncementsEpstein Becker Green Announces 2024 Promotions6 minute read
- Firm Announcements
Epstein Becker Green Attorneys Recognized by 2024 Best Lawyers for Excellence in the Legal Profession
12 minute read - Firm Announcements
Epstein Becker Green Attorneys Recognized by 2023 Best Lawyers for Excellence in the Legal Profession
11 minute read - BlogsFinding the Silver-Lining—Leveraging Government Investigations and Restitution Orders for Long-Term Tax Benefits ...3 minute read
- Firm AnnouncementsThirty-Five Epstein Becker Green Attorneys Recognized as “Ones to Watch” by The Best Lawyers in America 2022 ...5 minute read
- BlogsResponding to Law Enforcement Demands for HIPAA Protected Information3 minute read
- Firm Announcements
Clay Lee Named to 2020 Mid-South Rising Stars List
8 minute read - Firm Announcements
Twenty-Six Epstein Becker Green Attorneys Recognized as “Ones to Watch” by The Best Lawyers in America 2021 ...
4 minute read - Media CoverageEpstein Becker Green Negotiates Settlement of Nationally Publicized COVID Price Gouging Investigation and Commendation ...1 minute read
- BlogsFeds Exhibit Continued Interest in Prosecuting Illegal Relationships Between Laboratories and Marketers4 minute read
- BlogsWhether Worth Less or Worthless, Quality of Care Issues Under the FCA Are Worth Noting8 minute read
- Media Coverage
Epstein Becker Green and Clay Lee’s Representation of David Byrd Featured in the Nashville Post
2 minute read - PublicationsProtecting the Attorney-Client Privilege in Corporate Compliance Matters3 minute read
- PublicationsThe DOJ's Current White Collar Priorities2 minute read
- BlogsOIG Published “Work Plan” Affecting Durable Medical Equipment Industry2 minute read
- BlogsState AGs Think Opioid Class Actions Will Be the Next "Big Tobacco" Settlement4 minute read
- Firm AnnouncementsEpstein Becker Green Continues to Grow in Nashville2 minute read

