Practice Areas & Industries: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Practice/Industry Group Overview

Attorneys in the Antitrust and White Collar Crime Group limit client exposure in government and internal investigations of employee wrongdoing and defend companies and executives in parallel proceedings involving agency litigation, civil lawsuits and criminal prosecutions.

Led by a former Department of Justice Attorney and Assistant Chief of the Antitrust Division, this Group assists clients in responding to subpoenas, monitoring grand juries, negotiating immunities, pleas, settlements and corporate integrity agreements, and handling trials and sentencing, including post-conviction relief. Recent cases have involved antitrust divestitures, price fixing allegations, alleged securities law violations, False Claims Act investigations, litigation in the health care and defense/aerospace industries, civil RICO (bank fraud) and environmental false claims litigation.

Representative Matters

• Successfully ended litigation on behalf of our client, a physician accused of improper coding in Medicare/Medicaid billing. The investigation could have resulted in significant civil penalties and criminal charges but after a year of negotiations with Baker Donelson, the initial demand of $250,000 was settled for only $20,000, including a waiver of criminal prosecution.
• Obtained a release of liability for an industry from Tennessee environmental department. Remediation costs against potential parties exceeded $1.1 million. After investigation and a variety of steps by Baker Donelson, the Environmental Department confirmed by letter that it would no longer pursue any claims against our client.
• Achieved a complete victory for a religious organization in a million-dollar suit. A leasing company sought $1.3 million from the organization claiming that the organization owed the company for 113 vehicles leased by an employee who purported to act on behalf of the organization. The leasing company had paid a kickback to this employee and Baker Donelson filed a federal antitrust action against the company for commercial bribery. The company dismissed the action with prejudice without making even a settlement demand when we agreed to withdraw our federal court complaint.
• Tried $6.5 million False Claims Act qui tam case, which resulted in judgment for $56,000 and negotiated post-judgment resolution. Resolved debarment issues and handled related Inspector General investigation and follow-on case by the Department of Justice against Tennessee-based technical services contractor for testing laboratories at NASA's Stennis Space Center in Mississippi.
• Represented gasoline retailer in criminal price-fixing investigation and trial in which corporate CEO was acquitted. The jury hung as to a verdict against the corporation and a subsequent nolo contendere plea was accepted over Antitrust Division opposition.
• Represented and obtained immunity for corporate executives in investigation of alleged criminal contempt for violation of consent decree, in grand jury investigations of price-fixing in flat glass, residential doors and roofing industries, and alleged international market allocation in chemical industry.
• Won summary judgment in civil False Claims Act litigation by Department of Justice alleging materially false certification by HUD contractor of "decent, safe, and sanitary" apartment complex.
• Represented Congressman and Cabinet Secretary in U. S. House of Representatives House Banking investigation, Federal Elections Commission review of records and Independent Counsel investigation of gifts. Won acquittal after trial with Washington co-counsel.
• Won dismissal of environmental qui tam civil False Claims Act litigation in Boston, Massachusetts, against contractor on restoration of Old Colony Railroad corridor for commuter trains.
• Conducted internal investigation and settled without a fraud charge Securities and Exchange Commission investigation of managed earnings allegations against Tennessee-based company and related federal class action discovery issues.
• Represented foreign manufacturer of food additive in class action alleging violation of state antitrust and consumer protection laws and obtained dismissal of action for lack of personal jurisdiction.
• Negotiated settlement of class action alleging price-fixing by catfish processors and avoided indictment in criminal investigation by Antitrust Division.