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.

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.

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.

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.

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.

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. 

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.

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. 

U.S. v. Hogan

Represented former eBay affiliate marketer accused of defrauding eBay of more than thirty million dollars. Sentenced to five months custody at Taft prison camp and restitution. USA v. Hogan, Northern District of California, 5:10-cr-00495-EJD

United States v. Mogal, Zhang, et al.

This trade-secret-theft case was indicted in June 2018 against five former and one current Fitbit employees alleging that each defendant unlawfully possessed trade secrets of their former employer Jawbone, Inc.  We are counsel for the one current Fitbit employee, Ms. Zhang, in a high profile and closely watched federal criminal case pending in the Bay Area.  No trial date has been set.  U.S. District Court for the Northern District of California (San Jose Division), Case No. CR 18-00259BLF

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.

United Commercial Bank

Defended a former officer of failed bank in defense of securities class action, bankruptcy trustee action, FDIC enforcement and administrative actions and related government investigations.

U.S. v. Moynihan

Representing defendant in mortgage fraud and money laundering prosecution by U.S. Attorneys' Office in Northern District of California. Negotiated a favorable sentence.

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.

Medicare Fraud

Represent medical facility employees in investigations of Medicare Fraud.

  • Successfully represented former CEO of a university hospital in connection with a Medicare fraud investigation in the Central District of California (Orange County).
  • Represented hospital-employee witnesses in the Eastern District of California (Sacramento) in a federal grand jury investigation of Medicare fraud.
  • Successfully represented county health care executive in Medicare fraud investigation by DOJ, the FBI, and the HHS Office of Inspector General. No criminal charges were filed.

FDA Investigation

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

U.S. v. Graham

In this high profile criminal case, we were appointed by Northern District of California’s Criminal Justice Act Panel to represent world-class track coach Trevor Graham, who was tried in connection with a drug scandal. The jury convicted Graham on one count but deadlocked on the other two. Graham was sentenced to 5 years probation and 12 months home confinement. (Pro bono)