Criminal and Government Regulatory
- Represented multi-state healthcare company based in Texas with regards to federal criminal investigation. Challenged execution of search warrants on five corporate offices. Argued and won the appeal before the United States Court of Appeals for the Fifth Circuit in Harbor Healthcare System L.P. v. United States, 5 F. 4th 593 (5th Cir. 2021).
- Served as co-counsel for a California company and its owner in international arms export act prosecution. After challenge to the government’s conduct of the investigation, the Department of Justice voluntarily dismissed the indictment.
- Defended former bank executive in multi-week insider trading trial resulting in defense verdict for client on principal claim of 10b5 securities fraud violation, but against client on Rule 14 tender offer violation.
- Represented Nevada pharmacy in federal criminal investigation as to drug diversion. Resolved diversion investigation without criminal charges against corporation even though the government charged the pharmacist in charge, a physician and others in a drug diversion conspiracy.
- Represented executive of publicly-traded healthcare company in one of the largest fraud investigations in the country’s history. Successfully advocated to the Department of Justice not to charge client (even though they charged other executives), and to the Securities and Exchange Commission not to take action.
- Represented lead defendant in prosecution for alleged massive health care fraud upon private insurance companies. Argued motion to suppress and Fifth and Sixth Amendment challenges to the conduct of the prosecution.
- Represented as lead counsel a Midwest healthcare provider in ongoing federal investigation and related civil action. Following extended oral argument before federal court of appeals, the government closed the matter without bringing criminal charges against corporation or any of its executives.
- Represented executive in investigation of alleged $1.9 billion scheme to defraud. While the government convicted other executives from the same corporation, no charges were brought against the client.
- Served as lead counsel on investigation of criminal wrongdoing at the Ohio Treasury, the sixth largest treasury in the United States. Authored report recommending specific remedial actions, which was publicly released.
Complex Civil Litigation
- Defended medical equipment and device company as lead counsel in a five-week dealer termination trial in New York for which the jury returned a verdict of no liability for client.
- Won a jury verdict as co-counsel in a six-week antitrust conspiracy trial resulting in a $33 million judgment for a class of industrial companies that sold scrap metal. The United States Courts of Appeals for the Sixth Circuit affirmed.
- Won dismissal of case in a $42 million wrongful conviction action brought by former death row inmate against Cuyahoga County, Ohio (Cleveland). As lead counsel, successfully argued for affirmance before the United States Court of Appeals for the Sixth Circuit. In recognition for this work, Cuyahoga County awarded Edmund Searby its “Stare Decisis Award for Outstanding Litigation.”
- Represented two publicly-traded corporations as “opt outs” in prosecuting antitrust claims against alleged members of international price-fixing cartels. Settled claims for clients on confidential terms.
- Served as co-lead counsel for plaintiffs in prosecuting securities fraud claims resulting in a $75 million settlement – the largest settlement of such claims at the time against a biotechnology company.
- Represented biotechnology company (under federal investigation) in declaratory judgment action brought by insurer to void all insurance coverage for punitive damages claims. Won trial as lead counsel resulting in preservation of insurance coverage.
- Represented defendant in arbitration arising from partnership dispute. Arbitrator found no liability against client but sustained counterclaim award in client’s favor.
Selected Reported Decisions
- Harbor Healthcare Sys., L.P. v. United States, 5 F. 4th 593 (5th Cir. 2021)
- United States v. $525,695.24, 869 F. 3d 429 (6th Cir. 2017)
- D’Ambrosio v. Marino, 747 F. 3d 378 (6th Cir. 2014)
- United States v. Kumar, 750 F. 3d 563 (6th Cir. 2014)
- In re Forum Health, 444 B.R. 848 (N.D. Ohio 2011)
- In re Scrap Metal Antitrust Litig., 527 F. 3d 517 (6th Cir. 2008)
- Joseph v. Coyle, 469 F. 3d 441 (6th Cir. 2006)
- Capital Med. Sys v. Fuji Med. Sys., 705 N.Y.S. 2d 122 (3 Dept. 2000)
- United States v. Carroll, 6 F. 3d 735 (11th Cir. 1993)
- United States v. Yount, 960 F. 2d 955 (11th Cir. 1992)