Experience

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.  

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.

FINRA Representation

Represented large-scale privately held broker-dealer in a Financial Industry Regulatory Authority (FINRA) investigation regarding business development and cost sharing activities.   

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.

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.

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.

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.

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.

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.