Representative High Profile Litigation, Appeal and Investigation Matters:

  • The former Chief Financial Officer of Dewey & LeBoeuf in an appeal from a criminal conviction in New York Supreme Court for Scheme to Defraud in the First Degree, Securities Fraud in violation of the New York State Martin Act, and Conspiracy in the Fifth Degree. See People of the State of New York v Joel Sanders, Ind. No. 773/2014 (Supreme Court of the State of New York, County of New York: Part 72)
  • The former Chief Financial Officer of Dewey & LeBoeuf in defending securities fraud charges brought by the SEC. See SEC v. Joel Sanders, et al, 14-cv-1528 (VEC) (SDNY 2014)
  • Commercial developer in a hotly contested suit to invalidate the election of two non-qualifying candidates for Board of Supervisors for Midtown Miami Community Development District, and defense of Anti-SLAPP counterclaims. Awarded preliminary and permanent injunctive relief invalidating the election and obtaining dismissal of Anti-SLAPP counterclaims. See DDR Miami Avenue, LLC v. Grant Stern, et al, Case No. 2016-031254-CA-01 (11th Judicial Circuit)
  • Thirty-two successful fashion, lingerie and former playmate models in the Southern District of Florida in claims for false advertising and false endorsement under the Lanham Act, civil theft, right of publicity, deceptive and unfair trade practices, defamation and defamation per se stemming from the unauthorized use and alteration of each model’s photographic image in advertisements for events at a Miami swinger/sex club.  Defeated motions to dismiss and later obtained summary judgment on liability.  See Jaime Faith Edmondson, et al v. Velvet Lifestyles, LLC, et al, Case No. 1:15-cv-24442-Lenard/Goodman (SD Fla 2015)
  • Seventeen successful fashion, lingerie and former playmate models in claims for false advertising and false endorsement under the Lanham Act, civil theft, right of publicity, deceptive and unfair trade practices, defamation and defamation per se stemming from the unauthorized use and alteration of each model’s photographic image in advertisements for events at a Tampa-based swinger/sex resort.  See Jaime Faith Edmondson, et al v. Caliente Resorts, LLC, et al, Case No. 8:15-cv-02672-SDM-TBM (MD Fla 2015)
  • Nineteen successful fashion, lingerie and former playmate models in claims for false advertising and false endorsement under the Lanham Act, civil rights violations under New York state law, defamation and defamation per se, and negligence stemming from the unauthorized use and alteration of each model’s photographic image in advertisements for events at a New York-based adult entertainment club. See Jessica Burciaga, et al. v. CJ NYC d/b/a New York City Gentlemen’s Club, et al, Case No.: 15-cv-06181-NG-SMG (ED NY 2015)
  • Spokesmodel from longest running daytime game show, The Price is Right, in threatened litigation for breach of contract and related claims. Aggressive response resulted in claimant dropping threat of litigation 
  • Major League Baseball franchise in connection with investigation by the Department of Justice of agents accused and later convicted of smuggling Cuban baseball players into the United States
  • Pro bono representation of a medically-retired Iraqi war veteran with post-traumatic stress disorder and traumatic brain injury in discrimination claim against Lee County, Florida hotel and hotel owner who denied accommodations at the hotel due to service animal. See Jason Allen White, et al. v. Vinit Patel, a/k/a Chandrakat Patel, et al., Case No. 2017 CA 000146 
  • Pro bono representation of international fraternity in trademark and trade dress infringement litigation against prominent university and cooperative membership organization.  Following dispositive motions rulings, obtained a favorable settlement on behalf of the international fraternity.  See Theta Chi Fraternity, Inc. v. Leland Stanford Junior University Board of Trustees, et al., Case No. 16-cv-01336-RMW (ND Cal. 2016)
  • Pro bono representation a Marine squad leader charged with murder, conspiracy and obstruction of justice after allegedly orchestrating and attempting to cover up the 2006 shooting of an Iraqi civilian in the Iraqi province of Hamdania.  Served as lead trial counsel in the general court-martial and presently coordinating the appeal to the Navy-Marine Court of Criminal Appeals. See US v. Sgt Lawrence Hutchins, USMC 2014)   
  • A Department of Defense contractor and affiliated entity in an investigation by the Department of Justice into alleged violations of the False Claims Act stemming from allegations that company submitted erroneous incurred cost submissions and requests for provisional rates in accordance with the Federal Acquisition Regulations and violated relevant Cost Accounting Standards. Following an extensive investigation, the Department declined to intervene in the qui tam relator’s lawsuit.  In the ensuing litigation, the court granted the motion to dismiss with prejudice and dismissed the False Claims Act claims. See US ex rel Turner v. KForce Government Solutions, et al, 8:13-cv-1517-T-36TBM (MD Fla. 2013)    
  • A Royal Bank of Scotland foreign desk trader in connection with the ISDAFIX investigation by the Commodities Futures Trading Commission. After an extensive investigation, the Commission opted not to proceed with its investigation against the client trader
  • Whale Wars star and 35-year leader of the Sea Shepherd Conservation Society in negotiating and helping to coordinate his re-entry into the United States following the issuance of Interpol "Red Notice" 
  • The late-Ambassador Anthony Marshall, son of Brooke Astor and heir to the estate, in the medical parole application following his conviction and brief period of incarceration. Obtained an unprecedented release under New York’s Medical Parole statute after serving only two months of a one-year prison term, against strong opposition from the Manhattan District Attorneys' office
  • A Washington, DC lobbyist and former chief of staff to a member of Congress in connection with a grand jury investigation led by the Department of Justice and the FBI into allegations of kickbacks and honest services fraud. Following an extensive investigation, the Department declined to proceed with criminal charges
  • A multi-national airline company and its parent corporation in connection with a federal grand jury investigation into allegations that it falsified aircraft maintenance records. Following an extensive investigation, the Department of Justice declined to proceed with criminal charges and closed the investigation
  • One of the largest title insurance companies in the United States in connection with a criminal and civil investigation by the New York Attorney General's Office into allegations of improper payments of referral fees in violation of New York state anti-rebating statutes. After an extensive investigation, a favorable outcome was obtained on behalf of the company
  • A national accounting firm in connection with tax shelter-related issues, including defense of a civil suit against the firm by various indicted partners seeking advancement of attorney's fees
  • A national accounting firm in connection with civil suits by international re-insurance carriers for fraud and auditor malpractice. Successfully achieved a favorable outcome was obtained on behalf of the firm
  • Two separate natural gas suppliers in connection with a national price-fixing investigation by the Commodities Futures Trading Commission. Achieved a favorable outcome on behalf of both suppliers

Representative Healthcare-Related Litigation and Investigations

  • A radiation technology manufacturer in connection with an investigation by the Department of Justice into alleged violations of the False Claims Act 
  • An anesthesiology group in threatened litigation for alleged breach of the anesthesia services agreement  
  • A prominent physicians practice in litigation against a hospital for breach of the hospital bylaws and credentials policy for restricting the admitting and treating privileges
  • A spine center in an investigation by the Department of Justice and Department of Labor involving alleged violations of the False Claims Act, as well as Anti-Kickback and Stark law violations
  • A prominent treatment center providing CyberKnife radiation therapy in defending against claims for tortious interference and breach of contract by a serial litigant and disruptive physician, defeating the claimant's emergency motion for temporary and permanent injunctive relief
  • A large regional hospital in an internal investigation in response to alleged violations of the False Claims Act, as well as Anti-Kickback and Stark law violations
  • A regional, mid-western hospital system in responding to a grand jury subpoena 
  • A radiation oncology treatment center in an investigation by the Department of Justice into alleged violations of the False Claims Act, as well as Anti-Kickback and Stark law violations. The Department declined to intervene in any lawsuit against the center and the qui tam relator has not pursued the matter against the center
  • A surgery center in an investigation by the Department of Justice into alleged violations of the False Claims Act, as well as Anti-Kickback and Stark law violations. The Department declined to intervene in any lawsuit and the qui tam relator dismissed the center from its complaint 
  • A large medical device company in an investigation by the Department of Justice into alleged violations of the False Claims Act. Following an extensive investigation, the Department declined to intervene in any lawsuit and terminated its investigation 
  • A parent holding company of one of the largest healthcare systems in the United States and several of its affiliated hospitals in an investigation and later litigation by the Department of Justice and qui tam relator for alleged violations of the False Claims Act in connection with claims made under a state's Medicaid program
  • A hospital affiliated with one of the largest healthcare systems in the United States in a state class action 
  • An international manufacturer and supplier of wound care products in connection with an investigation by the Department of Justice into alleged violations of the False Claims Act stemming from two related qui tam actions alleging fraudulent billing of Medicare. Following an extensive investigation, the Department declined to intervene in the lawsuit. The federal court subsequently dismissed all fraud-based claims brought by both qui tam relators