Michael J. Podberesky Partner

Experience

White Collar Defense/Internal Investigations

• Defense of a large pharmaceutical manufacturer in False Claims Act litigation in the U.S. District Court for the Western District of Virginia related to price reporting.
• Representation of a pharmaceutical manufacturer in a False Claims Act investigation related to potential off-label marketing, kickback and price reporting concerns.
• Representation of a large physician group in responding to a government investigation of allegations of wrongdoing under the False Claims Act, the Anti-Kickback Statute, and the Stark Law.
• Representation of a multi-state specialty physician practice alleged to have violated the False Claims Act and the Anti-Kickback Statute in relation to lab testing arrangements.
• Representation of a data and marketing company that is the subject of a federal grand jury investigation of the potentially improper sale and use of Medicare ID numbers.
• Representation of a pain management clinic in a False Claims Act investigation related to allegations of overuse of urine drug testing services.
• Representation of a large, multi-state specialty provider in a state False Claims Act investigation of their billing practices.
• Representation of a large psychiatric practice in a False Claims Act investigation related to allegations of upcoding.
• Defense of a large defense contractor in qui tam litigation in the U.S. District Court for the Southern District of Mississippi arising from claims of providing defective aircraft maintenance services.
• Defense of a hospice provider in a qui tam case in the U.S. District Court for the District of South Carolina related to allegations of providing kickbacks and medically unnecessary services.
• Representation of a large defense contractor in its efforts to comply with its obligations under a deferred prosecution agreement with DOJ.
• Representation of a large government contractor in an EPA and False Claims Act investigation related to allegations of the use of toxic materials on an Army Corps of Engineers project.
• Representation of an intelligence community contractor in a False Claims Act investigation related to their billing and time keeping practices.
• Defense of a large fishing vessel fleet owner in False Claims Act litigation in the U.S. District Court for the Southern District of New York related to allegations of falsifying information in license applications.
• Representation of an air purification manufacturer in a False Claims Act investigation related to allegations of deceptive marketing practices.
• Appellate counsel for a dentist convicted of healthcare fraud. Successfully petitioned for certiorari and obtained U.S. Supreme Court reversal of client’s fraud conviction on questions related to calculation of pre-trial time under the Speedy Trial Act of 1974.
• Counsel for a public company subject to an SEC investigation into potential accounting and disclosure violations arising from a restatement of its financial statements and public filings.
• Representation of a board member of a public company subject to an SEC investigation into possible misconduct related to the disclosure of potential conflicts.
• Counsel for a large pharmaceutical manufacturer in connection with the New York Attorney General’s 2012 investigation of their marketing and advertising of nutritional beverages for children that culminated with a 2013 settlement.
• Representation of a large energy company in a joint DOJ/FEC investigation into possible misconduct related to campaign contributions.
• Counsel representing a large defense contractor in connection with the U.S. Attorney for the District of South Carolina’s 2013 False Claims Act investigation related to allegations of overcharging for repair and overhaul of military helicopters that culminated with no claims being brought against the client.
• Investigation counsel for a general aviation aircraft manufacturer in connection with an internal accounting fraud investigation following a whistle blower call to the audit committee of the company’s board of directors.
• Counsel for one of the world’s largest aviation insurance brokerage firms in connection with the New York Attorney General’s 2005 investigation into the insurance brokerage industry and a multination FCPA investigation that culminated with DOJ and SEC settlements in 2011.

Prosecution Matters

• Lead prosecutor on litigation team that secured a $54 million settlement after extensive litigation from one of the nation’s largest operators of skilled nursing home and rehabilitation facilities accused of billing Medicare for medically unnecessary therapy and hospice services, and grossly substandard nursing care.
• Lead prosecutor on a team that recovered $10 million from a hospital group in Los Angeles and its individual owners accused of violating the Anti-Kickback Statute and Stark Law by providing improper compensation to referring physicians.
• Trial Attorney on litigation team that recovered $75 million after extensive litigation from one of the nation’s largest nursing home providers accused of providing hospice care to patients who were not terminally ill.
• Trial Attorney on litigation team that obtained an $8.5 million settlement after litigation from the nation’s largest provider of mobile X-Ray services accused of violating the Anti-Kickback Statute by providing below cost services to nursing homes in order to attain Medicare business.
• Lead prosecutor on investigation team that secured a $5 million settlement from the largest physicians’ group in California’s inland empire accused of upcoding diagnoses to inflate Medicare Part C payments.
• Lead prosecutor in several cases involving defense contractors alleged to have provided false pricing data and substandard products in violation of FAR and DFARS regulations and the Truth in Negotiations Act that led to settlements totaling millions of dollars.

Aerospace Product Liability Matters

• Litigation counsel for a major aerospace manufacturer in litigation arising out of the April 29, 2013 accident involving one of its aircraft operated by National Airlines, which crashed immediately after takeoff from Bagram Air Force Base near Kabul, Afghanistan.
• Litigation counsel for a major aerospace manufacturer in litigation arising out of the June 3, 2012 accident of Dana Air Flight 992, involving one of its aircraft that crashed on final approach to Lagos, Nigeria.
• Litigation counsel for a major aerospace manufacturer in litigation in Moscow, Russia, arising out of two incidents involving one of its aircraft operated by Orenburg Airlines, both of which returned to the airport following emergency turn-backs. Successfully obtained judgment for the client.
• Litigation counsel for a major aerospace manufacturer in litigation arising out of the February 25, 2009 accident of Turkish Airlines Flight 1951, involving one of its aircraft that crashed on final approach to Amsterdam, the Netherlands.
• Litigation counsel for a major aerospace manufacturer in litigation arising out of the December 8, 2008 accident involving one of its aircraft, which crashed into a residential neighborhood near San Diego, California.  Successfully obtained dismissal of all claims against client for failure to adequately plead allegations under the standards set forth in the Supreme Court’s Iqbal and Twombly cases; the first aerospace product liability case to prevail on such grounds.
• Litigation counsel for a major aerospace manufacturer in litigation in Moscow, Russia, arising out of the September 14, 2008 accident involving one of its aircraft operated by Aeroflot-Nord, which crashed on final approach to Perm, Russia.
• Litigation counsel for a major aerospace manufacturer in litigation arising out of the July 7, 2008 accident involving one of its aircraft operated by Kalitta Air, which crashed shortly after takeoff from Bogotá, Colombia.

Other Defense/Aerospace Matters

• Litigation counsel for a major aerospace manufacturer in litigation arising out of alleged personal injuries and property damage caused by purported groundwater contamination near an aircraft component fabrication plant in Auburn, Washington.
• Litigation counsel for a major aerospace component manufacturer in a breach of contract and trade secrets case against a former high-level avionics engineer who left the company to work for one of its competitors.  Settled on confidential terms after obtaining a temporary restraining order against the former employee.
• Trial counsel for a major defense company in an arbitration matter involving breach of contract claims.

Class Action Litigation

• Litigation counsel for a food manufacture in putative class action alleging a sweetener was falsely advertised as “All Natural.”
• Litigation counsel for a major food and health company in putative class action in California alleging that nutrition bars were falsely advertised as “All Natural.” Successfully opposed and defeated motion for class certification.
• Defense of an energy provider against claims by purported class of securities holders for fraud and liability for alleged errors in registration statement for debentures, in connection with August 2008 disclosure of error in contingent requirements for collateral in the event of downgrade and market drop in September 2008.  Secured transfer of cases filed in New York courts for coordination in Maryland.  Secured dismissal of fraud claims and limited scope of claims under Section 11 for erroneous statements in registration statement.

Other Matters

• Defense of financial services company in an AAA arbitration matter involving alleged breaches of representations and warranties in an Asset Purchase and Forward Flow Agreement involving portfolios of charged-off credit card accounts.

Pro Bono Matters

• Volunteer General Counsel of Congregation B’nai Tzedek.
• Trial counsel in several child custody disputes in the D.C. Family Court.
• Volunteer judge in Montgomery County, Maryland Teen Court.
• Attorney for several veterans seeking disability benefits.