Representative Matters

White Collar Defense and Regulatory Enforcement

Defense of a major pharmaceutical company in connection with a U.S. Department of Justice investigation and False Claims Act litigation regarding alleged violations of the Anti-Kickback Statute.

Defense of a pharmaceutical manufacturer accused of off-label marketing in a False Claims Act action and the successful defense of an order dismissing the action before the U.S. Court of Appeals for the Fourth Circuit.

Defense of an insurance brokerage firm charged with mail and wire fraud and ERISA violations by the U.S. Department of Justice relating to its receipt of contingent commissions and other compensation from insurance carriers.

Representation of a promotion/marketing company of tax-avoidance strategies in a U.S. Department of Justice investigation into allegedly unlawful tax shelters.

Defense of not-for-profit foundation in connection with civil asset forfeiture proceedings through which the U.S. Department of Justice seeks to forfeit assets valued at more than $300 million.

Representation of a leading “expert network” research firm in connection with insider trading and Martin Act investigation by the U.S. Department of Justice and the N.Y. Attorney General’s Office.

Defense of a cleaning and maintenance company charged with fraud and record keeping violations by the N.Y. County District Attorney’s Office.

Defense of a “placement agent” firm in connection with investigations and an enforcement action conducted by federal and state securities regulators of the firm’s allegedly unlawful ties to state pension fund officials.

Representation of a not-for-profit organization threatened with debarment in connection with a U.S. Department of Justice and U.S. Department of the Interior investigation into the organization’s receipt and use of federal grant money.

Representation of a senior executive of an international retail chain in an investigation by the U.S. Department of Justice and Securities and Exchange Commission of alleged Foreign Corrupt Practices Act violations in Mexico and related derivative and shareholder actions.

Representation of the chief executive officer of a telecommunications company in connection with alleged violations of the Foreign Corrupt Practices Act.

Representation of an executive at an international airline in connection with the U.S. Department of Justice investigation into alleged price-fixing in setting fuel surcharges.

Defense of the administrator of certified home health agency in connection with a N.Y. Attorney General investigation of alleged Medicaid fraud.

Defense of an American architect facing federal charges of wire fraud and conspiracy and in connection with extradition proceedings brought on behalf of a foreign government.

Counseling and advisory work to an international insurance company regarding criminal forfeiture issues.

Internal Investigations

Representation of a university in connection with a data breach that resulted in hundreds of highly-confidential documents being leaked to a local newspaper and stories being run on the basis of the leaked materials.

FCPA investigation on behalf of a U.S.-based educational institution with operations in the Middle East regarding potential facilitation payments by third party contractors to foreign officials.

Investigation on behalf of an international media company in connection with alleged improprieties in its performance and billing of a U.S. government contract to provide services.

Investigations on behalf of a professional sports league into alleged “tampering” by one member club with a player under contract with another club, and into alleged “circumvention” of the league’s rules regarding its salary cap by member clubs.

Investigation on behalf of a not-for-profit foundation into whether a senior employee had engaged in conduct that breached his fiduciary duties to the foundation.

Investigation on behalf of a foreign private equity firm regarding accusations that a principal was engaged in unlawful practices using the firm's facilities.

Investigation on behalf of a national law firm regarding alleged mishandling of a client representation.

Complex Commercial Litigation

Defense of a health care company in three related False Claims Act actions in different jurisdictions; the relevant courts dismissed the actions and one court awarded attorney’s fees.

Defense of a pharmaceutical manufacturer against False Claims Act claims brought by the Department of Justice alleging anti-kickback statute violations; the case resulted in a favorable settlement for the client.

Defense of a pharmaceutical manufacturer in a False Claims Act case involving allegations of off-label promotion; the district court dismissed all claims and the decision was affirmed on appeal.

Prosecution of breach of fiduciary duty and other claims on behalf of a Latin American telecommunications company against former controlling shareholder and managers relating to the theft of corporate opportunities and assets valued at hundreds of millions of dollars; by way of settlement, the company recovered the majority of the value of the contested assets.

Defense of a foreign corporation in breach of contract action involving complex issues of foreign law and the application of conflict of laws principles; the client achieved a favorable settlement.

Representation and counseling of a foreign private equity firm in connection with disputes with co-investors regarding ownership and control of jointly-owned assets; negotiations resulted in a favorable outcome after mediation.

Defense of bankers in federal litigation alleging $750 million in damages arising out of the collapse of the subprime mortgage Collateralized Debt Obligations market; the case was resolved without liability to the clients.

Representation of financial adviser subject to litigation and arbitration arising from alleged misappropriation of assets, churning, and unsuitability claims; the case was resolved without liability to the client.