Select Matters
- White-Collar Defense, Healthcare: Successfully defended a family practice physician in the first jury trial arising from the DOJ's Appalachian Regional Prescription Opioid (ARPO) Strike Force. Targeted as a top 0.1% opioid prescriber in Alabama, the doctor faced 19 counts of illegally distributing controlled substances, each carrying up to 20 years in prison. After a two-week trial and prolonged jury deliberations, the government dismissed 18 counts in exchange for a plea to one count, resulting in probation with no prison time. The defense also effectively challenged the DOJ's new statistical theories for prosecuting prescribers.
- White-Collar Defense, False Claims Act: Successfully defended a Nashville-based physician against a False Claims Act lawsuit prosecuted by the DOJ that began as seven separate qui tam/whistleblower lawsuits. In addition to serving as a practicing medical doctor, the client was owner, president, and medical director of a multi-state practice in which more than 40,000 patients were seen each month. The suits alleged that overutilization of procedures and labs, including urine drug testing, defrauded the United States of more than $50 million, and the government sought treble damages against the client. With litigation, two mediations, and other advocacy, negotiated the government down from a demand of $15 million to a highly favorable $900,000 settlement in which the physician admitted no liability or wrongdoing and won the return of his Medicare billing privileges.
- White-Collar Defense, False Claims Act: Successfully defended a group of 75 physicians in a qui tam False Claims Act case prosecuted by DOJ Main Justice. The Complaint sought $1.5 billion in treble damages. After years of litigation, the government settled the case on the eve of trial in a settlement that involved no payment by the physician group, no finding or admission of wrongdoing, and no exclusions from participating in Medicare.
- Labor & Employment Litigation: Secured a defense trial victory in Jefferson County Circuit Court representing a wholesale grocer in an action alleging that the grocer caused the plaintiff's permanently disabling injuries. The Alabama Court of Civil Appeals affirmed.
- High Stakes Litigation, Workplace Assault: Represented an anesthesiologist in a three-week jury trial in federal court in a case in which the doctor faced allegations by four employee-nurses that he committed sexual battery in a surgery center. The damages sought were in the millions of dollars but the verdict against the anesthesiologist was only $250,000.
- High Stakes Litigation, Non-Compete and Trade Secrets: Secured an extremely favorable arbitration award for a former NASA engineer and entrepreneur in a case against a construction automation company. The company’s CEO attempted to misuse a non-compete to push the client out of the industry and demanded $10 million for alleged trade secret theft. After a three-day AAA arbitration and extensive briefing, the arbitrator ruled against the company, enjoined it from competing with the client’s businesses, found breaches of fiduciary duties and formation agreements, and awarded the company and CEO nothing on their $10 million claim.
- White-Collar Defense, False Claims Act: Defended an architectural firm in a False Claims Act action in which whistleblowers alleged conspiracy to defraud the United States of $40 million. Secured a complete dismissal with prejudice and the client paid no money for settlement or damages.
- White-Collar Defense, Healthcare: Successful defense of an individual targeted as part of a broader investigation of alleged violations of the federal Anti-Kickback Statute and conspiracy to commit healthcare fraud. The DOJ investigators alleged that a group of people (including the client) had joined forces to induce patients to purchase pain creams and braces at a significant markup — in some cases charging $10,000 or more for products that sometimes cost less than $100. Aggressively advocated client's innocence and worked to help the government obtain additional information in order to more fully understand the conduct in question. At the conclusion of the investigation, all of the alleged coconspirators were indicted except the client.
- White-Collar Defense, Healthcare: Represented a physician and a physician practice in defense of allegations of intentional false diagnoses. The case began with an FBI visit and a grand jury subpoena. After conducting a year-long investigation, the DOJ concluded that the physician was intentionally injecting toxic material into the necks of vulnerable patients for the sole purpose of generating profit. After then litigating against the United States for nearly four years, no criminal case was pursued and the government settled its False Claims Act complaint against the physician and physician practice for less than the amount of the alleged single damages, with no admission of liability and no exclusion from participation in Medicare/Medicaid.
- White-Collar Defense, Government Loans: Defended a nursing home organization in an investigation by HUD enforcement. HUD enforcement accused the organization of equity skimming $1.6 million from a HUD loan project and gave notice of their intent to have the OIG refer the matter to the DOJ for prosecution. After an in-depth analysis of a decade of financial records, made a presentation to HUD enforcement, which resulted in HUD concluding that no equity skimming had occurred and what had been viewed as improper distributions were merely improper accounting entries. HUD ultimately resolved the matter by issuing a nominal fine.
- Labor & Employment Litigation: Represented a radio broadcast company in a suit against former managers and a competitor for their conspiracy to unfairly compete and tortiously interfere with the client's employee and customer relationships; secured a financial settlement against the competing company.
News
Credentials
Education
- University of Notre Dame Law School, J.D., 2004, cum laude
- University of California, Los Angeles (UCLA), B.A., 2000
Courts
- U.S. Court of Appeals, Sixth Circuit
- U.S. Court of Appeals, Eleventh Circuit
- U.S. District Court, Middle District of Alabama
- U.S. District Court, Northern District of Alabama
- U.S. District Court, Southern District of Alabama
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Western District of Michigan
Bar Admissions
- Alabama, 2011
- Michigan, 2004
Professional Affiliations
- Alabama State Bar, Member, White-Collar Crime Committee of the Criminal Justice Section
- American Bar Association
- Birmingham Bar Association
- National Association of Criminal Defense Lawyers
- State Bar of Michigan
Awards & Accolades
- Chambers USA, Healthcare (listed annually since 2021); Litigation: White-Collar Crime & Government Investigations (2024)
- International Academy of Trial Lawyers, "Excellence in Trial Advocacy"
- Best Lawyers®, "Lawyer of the Year," Appellate Practice, Birmingham (2022)
- The Best Lawyers in America®, Appellate Practice, Corporate Compliance Law, Criminal Defense: White-Collar, Health Care Law, Litigation - Labor and Employment (listed annually since 2020)
- Mid-South Super Lawyers, Criminal Defense: White-Collar (listed annually since 2020); "Rising Star," General Litigation, White Collar Criminal Defense, and Employment Litigation (2014–2017)
- Birmingham Business Journal, Who's Who in Healthcare (2023-present)
- Birmingham Magazine, "Top Attorneys," White-Collar Defense, Birmingham (2020)
- B-Metro Magazine, 2019 "Star of the Bar
Community Involvement
- Stillman College Board of Trustees
- Leadership Vestavia Hills, Class of 2013
- Notre Dame Club of Northern Alabama
- Vestavia Hills Soccer Club, Youth Coach
- Vestavia Hills Methodist Church, Member, Staff-Parish Relations Committee and Day School Board