John Libby is an experienced trial lawyer who represents business entities (and their officers and directors) in criminal investigations and complex civil litigation. A former Assistant United States Attorney, Mr. Libby is uniquely positioned to advise and represent clients in litigating, through trial and appeal if necessary, complex disputes with the government and private parties, including in particular False Claims Act cases that often straddle the civil and criminal arenas.
Mr. Libby's white collar defense practice includes the representation of corporations and their officers and directors at all phases of government investigations, including responding to search warrants, grand jury and administrative subpoenas and civil investigative demands; representation before grand juries; pre- and post-indictment plea negotiations; and all phases of post-indictment proceedings, including motions, trials and sentencing. Mr. Libby also handles complex civil litigation, including a wide variety of business torts and contact disputes for clients in the healthcare, financial services, high technology and apparel industries.
A significant part of Mr. Libby's practice involves conducting internal corporate investigations for corporations in response to government inquiries or internal allegations of misconduct. In view of recent court rulings and U.S. Department of Justice guidance involving preservation of privileges and ethical considerations, such investigations must be conducted carefully and professionally. Mr. Libby has also advised clients in making voluntary disclosures of wrongdoing to government authorities where appropriate.
Mr. Libby's representation of clients often begins before the initiation of a government investigation or criminal or civil proceeding. Mr. Libby is also frequently called upon to assist other attorneys in the Firm in structuring transactions to comply with applicable laws. Mr. Libby has assisted clients in the formulation of compliance programs and has conducted compliance training.
Honors & Awards
The Best Lawyers in America, 2013.
Southern California Super Lawyers, 2004-2012.
U.S. Attorney General's Special Achievement Award, August 1993.
Maynard Toll Associate Award from Los Angeles Legal Aid Foundation, 1989.
Memberships & Activities
Member, American Bar Association (including Litigation Section and White-Collar Crime Committee), American Health Lawyers Association, and Los Angeles County Bar Association.
Co-Chair, ABA White Collar Crime Healthcare Fraud Committee, 2012.
Counsel, Rampart Independent Review Panel, City of Los Angeles, 2000.
· Represent major hospital system in a variety of criminal, civil and False Claims Act matters
· Represent third largest financial institution in Mexico in connection with money laundering prosecution and forfeiture proceeding in U.S. courts
· Represent financial institution and individual witnesses in a variety of matters arising out of 1996 campaign finance investigation
· Represent multi-state long term care providers in connection with Medicare and Medicaid fraud investigations and related corporate compliance issue
· Represent major manufacturer of personal computers in Lanham Act case brought by competing computer manufacturer and related civil False Claims Act investigation
· Represent major apparel manufacturer in False Claims Act litigation involving overseas manufacture of garments
· Represent psychotherapist in criminal and civil insider trading cases involving Lockheed-Martin Marietta merger
· Represent individual operator of hospital psychiatric programs in connection with federal criminal investigation
· Represent multi-state long term care provider in connection with allegations by "whistleblower" of wrongdoing at one of provider's Northern California skilled nursing facilities
· Represent former hospital administrator in connection with civil litigation brought by state agency regarding hospital acquisition
· Represent individual employees of railroad in connection with state grand jury investigation of train derailment
· Represent banking clients in connection with criminal and regulatory investigations by federal and state authorities and parallel civil litigation
· Represent licensed professional healthcare providers in healthcare fraud investigations
"What to Do When the Government Comes Knocking," Inside Counsel, September 9, 2010.
The New "Corporate Responsibility" Law: How It Affects Health Care," BNA Health Law Reporter (Co-authored with Michael W. Peregrine and William W. Horton)(August 2002).
Contributing author, "Lessons for Healthcare from Enron: A Best Practices Handbook," American Health Lawyers Association (2002).
"'Sting Operations Run Amok': The Impact Of Brown v. Nationsbank On Government Tort Liability For Undercover Activity," White Collar Crime Reporter (Andrews Publications) (April 2000).
"Third Circuit Rules That Money Laundering Sentencing Guideline Is Reserved for Laundering Conduct Connected with 'Extensive Drug Trafficking and Serious Crime,'" White Collar Crime Reporter (Andrews Publications), Volume 13, No. 10 (November/December 1999).
"Internal Investigations and Voluntary Disclosures: Traps for the Unwary Health Care Provider," Seminar Paper (with David Bradford) (June 1999).
"Recent Developments in Long Term Care Law and Litigation," 20 Whittier Law Review 325 (1998) (with Terri D. Keville, Barry S. Landsberg and Katrina L. Breuner).
"Ex Parte Contact with Current and Former Employees of an Adverse Party," Pretrial Practice and Discovery Committee Newsletter, ABA Litigation Section, Vol I, No. 1 (July 1988).
Speaker, "White Collar Crime Enforcement Issues," The Knowledge Congress Webcast Series, July 17, 2012.
Speaker, "Affiliate: Pay To Play," SACRS Spring Conference, May 2010.
Speaker, "What to do When the Government Comes Knocking," Public Pension Fund Fiduciary Forum, March 2009.
Speaker, "Lessons for Healthcare from Enron: A Best Practices Teleconference," American Health Lawyers Association, August 2002.
Speaker, "How to Deal with the New Theories of Provider Liability, or, 'It's Not Just Another Med Mal Case,'" California Society for Healthcare Attorneys, Spring Meeting, May 2002.
Instructor, False Claims Act and Government Investigations, Legal Issues in Health Care Delivery, USC School of Public Policy, March 2002.
Speaker, "What To Do When The FBI/OIG Knocks: Preparing For, Responding To - And Surviving - Government Investigations," The Healthcare Roundtable for Corporate Counsel, March 2000.
Speaker on Fraud and Abuse Issues, Compliance Training, Alta Healthcare, December 1999.
Speaker on Current Law Enforcement Challenges, Health Care Leaders Forum, UCLA Center for Health Services Management, October 1999.
Moderator, Panel on White Collar Practice, Firm Conference, Manatt, Phelps & Phillips, LLP, May 1999.
Speaker on the False Claims Act and Long Term Care, Seventeenth Annual Health Law Symposium, Whittier Law School, April 1998.
Appeared on nationally broadcast CNBC program "Steals and Deals," in connection with telemarketing case prosecuted as an Assistant United States Attorney, July 1996.
Speaker at MCLE program on "The Use of Private Investigators in Civil Litigation," Manatt, Phelps & Phillips, April 1996.
Instructor, U.S. Department of Justice Securities Fraud Seminar, New Orleans, Louisiana, January 1994.
(Also at Washington, D.C. Office)