Experience

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.

Medicaid Fraud

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.

Kick-Back Investigation

Successfully represented health care providers in connection with a California Attorney General’s Office investigation related to the providers’ participation in a pharmaceutical company’s speaker’s program while they also prescribed its medications.

Internal and Government Investigation Regarding Cyber Breach

Representing a California privately held corporation in internal and government investigation regarding cyber breach allegedly perpetrated by the company’s chief operating officer against a competitor. 

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.

United States v. United Microelectronics Corp. (UMC)

Representing an indicted individual in this high-profile trade-secrets-theft case involving alleged trade secrets misappropriated from Micron Technology, Inc.  This is the first case brought under the Department of Justice’s “China Initiative” announced in November 2018, and involves cutting-edge jurisdictional issues.  No trial date has been set. U.S. District Court for the Northern District of California (San Francisco Division) Case No. 3:18-cr-00465 MMC

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.  

Uber Technologies, Inc. Cyber Breach Investigation

Representing former Uber Information Security lead in internal and follow-on investigations regarding several alleged un-reported cyber breaches.

Fintech Executive

Represented a senior financial services executive in internal and Securities and Exchange Commission investigations of financial technology company. 

California Cleantech Start-up Whistleblower Investigation

Represented committee of the Board of Directors of non-public clean energy start-up in surgical-scope investigation regarding whistleblower allegations of potential False Claims Act and various other violations.  Acquired an in-depth understanding of technical representations made by various executives in order to evaluate weight of whistleblower allegations.  Conducted narrow scope of interviews of executives and board members and reviewed focused set of e-mail communications.

CFO of Publicly Traded Company

Represented current CFO of a publicly traded company in connection with internal disputes and issues with regard to public filings and SEC inquiries. 

Controlled Substances Investigation

Represented current CFO of a publicly traded company in connection with internal disputes and issues with regard to public filings and SEC inquiries.

Corporate Governance and Board Advising for GC of Large-Scale Exempt Organization

Provided highly confidential advice and counseling on corporate governance and board relations matters to general counsel of large tax exempt organization.

EB-5 SEC Investigation, Immigration Attorney

Represented immigration attorney in SEC investigation regarding Regional Center marketing activities in the EB5 visa context. 

FCPA Investigation: Former Chief Technology Officer of Publicly Traded Health Care Company

Represented former Chief Technology Officer of a publicly traded health care company in ongoing federal Foreign Corrupt Practices Act (FCPA) investigation regarding business of China subsidiary.

FINRA Representation

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

Former Senior Executive of U.S. Pharmaceutical Company

Represented a former senior executive of a cutting-edge drug and biotechnology company in off-label marketing investigations by the Food and Drug Administration (FDA) and United States Attorneys’ Office.

International Antitrust Price Fixing Representations

Represented Korean, Japanese, and United States targets in twelve separate federal U.S. DOJ antitrust price-fixing investigations (and parallel civil cases) in the DRAM, SRAM, airline, air cargo, LCD, wire harness, CRT, ODD and auto parts industries. 

Office of the California State Public Defender

Retained to counsel and assist the Office of the California State Public Defender in dealing with certain professional-responsibility issues arising out of post-filing investigations of documents filed in connection with a writ of habeas corpus. Issues must be handled in both superior court and in the State Supreme Court.

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.

Pet Food Manufacturing Executive

Represented an executive in a federal criminal investigation in the Midwest regarding allegations of tainted, mislabeled pet food ingredients being sold into the manufacturing process.  Matter involves some of the largest pet food companies in the U.S. and has industry-altering implications.

Privately Held Public Entity Investment Advisor

Represented local investment advisor to public entities in ongoing parallel investigations by the Securities and Exchange Commission and Department of Justice regarding municipal bonds.

Public Company Board Members

Represented two board members of a publicly traded bio-tech company throughout internal, Securities and Exchange Commission, and Department of Justice investigations. 

Public Entity Investment Advisor

Represented a local investment advisor to public entities in ongoing parallel investigations by the Securities and Exchange Commission and Department of Justice regarding municipal bonds. 

Publicly Traded Pharma Company Investigation

On behalf of the Audit Committee, we conducted an internal investigation for a local, public pharma company into expense-charge irregularities involving senior executives, which included advice on remedial measures to improve internal procedures and controls around expenses.