Representative Successes*

* Each case is different. Success in past cases does not guarantee success in any future case. Each success below was obtained as part of a team at a prior firm.

Criminal Prosecutions

Accomplished remarkable and possibly unprecedented turnaround in United States v. Annappareddy, a case where an Indian national was charged with health care fraud in the federal court in Baltimore based on false allegations that his chain of retail and specialty pharmacies billed government insurance programs for expensive prescriptions that were never picked up or delivered.

-- When representation began, jury had found client guilty after five-week trial, court had entered forfeiture order of over $4.7 million, and he faced imminent sentence of 12 years in prison followed by deportation. Obtained leave to supplement motion for new trial. Claimed prosecutorial misconduct: presenting material false evidence to jury and violating Brady. Won new trial before appeal.

-- After court scheduled eight-week second trial, moved to dismiss case with prejudice on grounds that prosecutors were reckless and willfully blind in presenting false evidence to jury on three categories of material facts and violated Brady as to one such category. Court scheduled hearing on motion. In 48 hours before hearing, filed three more motions to dismiss for three more instances of prosecutorial misconduct: deliberately presenting false evidence on another key fact, intentionally destroying exculpatory documents after trial, and knowingly misinforming trial jury and grand jury about applicable laws. At hearing, court dismissed case with prejudice after finding a series of due process violations that “shock[s] the conscience.”

Won acquittals in Ohio federal court on nine of ten counts after month-long trial in case where owner of direct marketing company was charged with conspiracy, violating campaign finance laws, causing false statements to be made to the Federal Election Commission, obstruction of justice, and attempted witness tampering. Charges arose from employees donating around $200,000 to two candidates for Congress and company giving them checks, within day of donations, in amounts matching donations. Sole guilty verdict was on attempted witness tampering.

Achieved favorable plea agreement, three weeks before trial, in case in Ohio state court where software development company and its two principals were charged with nearly 150 total felony counts, including gambling, engaging in a pattern of corrupt activities, money laundering, and possessing criminal tools. Charges were based on company licensing software that allowed businesses to offer free sweepstakes entries with purchases and to reveal results via images simulating casino games.  Each principal pled guilty to only a single misdemeanor count that was expunged after one year.

Obtained mistrial after three-and-a-half-week trial, with jury voting eleven-to-one to acquit on each count, in case where elected official was charged in federal court in D.C. with conspiracy, federal programs fraud, federal programs bribery, and obstruction of agency proceeding. Charges stemmed from client’s company allegedly obtaining no-bid supply orders in amounts just below $10,000 in violation of local procurement rules requiring competitive bids for orders of $10,000 or more while he was in office.  Government declined to retry case.

Persuaded prosecutors to agree to transfer case in Vermont state court to juvenile court for non-custodial disposition by filing motion to dismiss prosecution of minor as adult for manslaughter, based on one-car accident that occurred when he was 14 years old, on ground that he was being charged more harshly than similarly situated adults in violation of Equal Protection Clause.

Civil Litigation

In lawsuit in D.C. Superior Court seeking $25 million for alleged musculoskeletal injuries from use of prescription medication, persuaded court to (i) strongly suggest it would exclude plaintiff’s lead causation expert and schedule a Frye hearing, and (ii) sanction plaintiff for discovery violations and rule that it would hold an evidentiary hearing on whether to give adverse inference instruction. Case settled favorably before hearings occurred.

Achieved favorable resolution for manufacturer on day of jury selection in consumer-protection action by state attorney general West Virginia Attorney General seeking to recover all payments made by anyone in the State for prescription medication and other costs purportedly related to the medication.

Won temporary restraining order from Ohio state court allowing Internet café businesses in that State to reopen and to resume offering sweepstakes through software developed by company that was indicted under Ohio’s gambling statutes.

Obtained settlement for technology startup company, at beginning of discovery in bet-the-company case, for less than one-sixth of the damages for which it was sued in Southern District of New York.

In class action alleging that Texas real properties worth nearly $80 million were owned by estate of former president of foreign nation and should be used to pay purported judgment, obtained favorable settlement shortly after filing motion for summary judgment.

Appeals

Persuaded Ninth Circuit to invalidate $2 billion judgment.

Achieved favorable outcome on remand from the U.S. Supreme Court in Raich v. Gonzalez, a case involving the federal government applying the Controlled Substances Act to a patient’s medical use of home-grown marijuana on her physician’s recommendation.

Won reversal without oral argument in prisoner’s Third Circuit appeal of district court’s order dismissing Bivens claims for purported failure to exhaust administrative remedies.