Insurance and Pharmaceutical Benefits Aggregator and Union Employer
Counsel to company president and union employer in formal disciplinary proceedings regarding union contracts and health insurance. Represented company president and employee witnesses in adversarial hearing. Prevailed before a decision-making panel that cleared client of wrongdoing in post-hearing decision. Ultimately negotiated settlement favorable for client and company.
DOJ Sales Practice Investigation
Represented a pool of individual former director-level sales professionals of a major pharmaceutical company in Department of Justice civil investigation into marketing and sales practices for a psychosis drug.
Representing physician in two federal criminal investigations into Medicare fraud and Anti-Kickback Statute violations in the Skilled Nursing Facility and Home Health Agency industries. The representation has focused on the legal framework around allowable versus illegal referrals and medical directorships.
Payment Processor for Crypto-currency Business
Representing principal and founder of payment processor company in investigation by Securities and Exchange Commission and U.S. Department of Justice Tax division regarding crypto-currency business and tax activities.
Molecular Diagnostic Test Company individuals
Represented former medical insurance reimbursement director and current Chief Medical Officer of company which markets a molecular diagnostic test in the cardiology and heart disease space. Parallel criminal and civil federal investigations, and state insurance investigation, occurring 2016-2017 (criminal probe complete as of April 2017, remainder ongoing). Investigations relate to Medicare and private payor reimbursement and health insurance issues, as well as the clinical data supporting the diagnostic test.
Electronic Health Record Startup Civil and Criminal Investigations
Counsel to software engineer witnesses in connection with Department of Justice and Department of Health and Human Services parallel civil and criminal investigations into electronic health record certification testing. Company ultimately agreed to $145M civil settlement and criminal fine to resolve related allegations.
Biotech False Claims Act Litigation
Counsel to C-suite executives in False Claims Act litigation related to a biotech company’s product efficacy and alleged fraud, as well as employment-related claims.
Yahoo Cyber Breach Investigation
Representing several key executives and numerous employees in the Yahoo Cyber Breach investigation (client identities confidential) and follow-on regulatory and criminal investigations. This investigation involves possibly the most significant data breach in history. In addition to a recently concluded internal investigation by a special committee of Yahoo’s Board, Yahoo and its individuals are under investigation by the SEC, DOJ, and FTC, and are subject to dozens of civil lawsuits, as a result of allegations that some employees at the company knew about the data breach in 2014 and failed to escalate that information appropriately. As lead counsel for the Yahoo individuals in this high profile white collar matter, the Farella team is addressing some of the most complex and evolving white collar defense issues of the present day.
Wells Fargo Bank
Serve as counsel for eighteen Wells Fargo current and former employees ranging from senior executives to a member of the Wells Fargo litigation department to private financial advisers in internal (Audit Committee) and multiple federal government (DOJ, SEC, OCC, and state attorneys general) investigations and civil suits regarding allegations of improper retail and wealth management sales practices and improper consumer lending practices.
Represented large-scale privately held broker-dealer in a Financial Industry Regulatory Authority (FINRA) investigation regarding business development and cost sharing activities.
Pegastaff v. Corestaff
Counsel for former PG&E executive and subject/target of parallel federal and state investigations, as a key trial witness in state court action alleging discrimination by PG&E in awarding contracts. Successful motion for protective order in May 2017, followed by further law-and-motion activities during jury selection in June 2017.
Certification Testing Investigation
Counsel software engineer witnesses in parallel civil and criminal investigations into an electronic health record company’s certification testing; obtained full fee coverage for representation.
Represented former medical insurance reimbursement director and chief medical officer of a molecular diagnostic test company in fraud investigation, avoiding both criminal and civil federal liability for clients in proceeding involving the Department of Justice, Health and Human Services, and California Department of Insurance.
Wrongful Termination Litigation
Obtained complete dismissal with prejudice of claims against national sales director in False Claims Act and wrongful termination litigation regarding diagnostic test product efficacy, test data, marketing, and reimbursement.
USA v. Aston et al.
Represented UK national indicted for U.S. antitrust Sherman Act Section 1 violations and sentenced to just ten days supervised release. This case involved international extradition and INTERPOL issues. U.S. District Court for the Northern District of California (San Francisco Division); Case No. 3:15-cr-00419-WHO.
United States v. Burrill, Berger
Acted as counsel for key defense witness who testified in July 2018 in a tax-fraud jury trial against a senior partner of a Bay Area accounting firm. U.S. District Court for the N.D. of Calif. (San Francisco Division), Case No. CR 17-00491 RS.
DEA Licensing Lapse
Represented a Northern California multi-facility medical center by conducting an internal investigation related to an inadvertent lapse in DEA licensing and thereafter negotiated a favorable civil settlement with the relevant US Attorney’s Office.
Formal Disciplinary Hearing
Counseled pharmaceutical benefits aggregator company in formal disciplinary proceedings regarding union contracts and health insurance. Represented company president and employees in adversarial hearing, and ultimately negotiated settlement favorable for all clients.
National Public Entity Investigation
Conducted internal investigation into materials security and property theft allegations for large-scale national public entity. Conducted dozens of employee interviews and navigated complex legal and union requirements for public entity.
Federal and State Criminal Investigations of Alleged Misconduct and Public Corruption
In USA v Pacific Gas & Electric Company, represented former vice-president at the public utility company who is target of federal and state criminal investigations into two matters: (1) a gas pipeline explosion; and (2) alleged public corruption issues involving utility and regulator.