Richard practices in insurance, government and business litigation and white-collar criminal defense, with emphasis on complex government, commercial, corporate and technology litigation, antitrust, and federal fraud cases. His experience includes securities and commercial class actions, close corporation disputes, technology disputes, ERISA actions, administrative law, federal antidilution act and other trademark-related disputes. He has practiced in federal and state courts in Massachusetts, New Hampshire, Maine, Rhode Island, New York, Delaware, Kansas, and California, and before federal and state regulatory agencies, including the United States Securities and Exchange Commission, the United States Federal Trade Commission, the United States Department of Health and Human Services and the Department of the Army. Richard's clients have included banks, individuals, corporate officers and directors, leasing companies, hospitals, medical practices, architects, owners of commercial real estate, trade associations, manufacturers of products as diverse as computer equipment and water meters, and individual businesses whose products run the gamut from dialysis equipment to software. Notable Experience · Represented a software company in Securities and Exchange Commission investigation into stock option backdating. · Represented a health care company in Chapter 93A litigation concerning billing issues. · Represented a health care company in an investigation conducted by the Massachusetts Office of the Attorney General. · Represented an insurer in connection with a Massachusetts Office of the Attorney General investigation concerning minimum mandated benefits. · Represented individuals in federal securities fraud cases alleging accounting fraud. · Represented individuals and a corporation with respect to Securities and Exchange Commission investigations concerning statements made in connection with a public offering, in press releases and in Form 10-K filings. · Represented individuals in connection with Securities and Exchange Commission insider trading investigations. · Represented individuals, ophthalmology practices, hospitals and health care business in Medicare and Medicaid fraud and False Claims Act grand jury proceedings. · Represented individuals, a pharmaceutical company, and medical practices in connection with federal and state anti-kickback statute grand jury proceedings. · Represented individuals in a federal False Claims Act grand jury investigation concerning billing for tests performed. · Represented a food distributor in Sherman Act litigation. · Represented a trade association in successfully challenging the constitutionality of a municipal ordinance. · Represented a trade association in successfully challenging a state board's authority to promulgate an administrative regulation. · Handled an insurer's claim against his broker for negligence in obtaining securities fraud coverage. · Represented an insurer with respect to commercial general liability claims arising out of the CA/T project. · Represented insurers in connection with several construction defect coverage actions arising under commercial general liability policies. · Represented a petroleum company in a pricing-related investigation by the Massachusetts Office of the Attorney General. · Represented a public charity in an investigation by the Massachusetts Office of the Attorney General concerning the use of charitable assets. · Represented the principal in a local company in connection with a SEC securities fraud investigation. · Represented an insurer in connection with Mass. Office of the Attorney General investigations concerning the placement of insurance. · Represented a financial services company in a multi-state/Federal Trade Commission consumer fraud investigation. · Represented a financial services company in connection with a grand jury investigation including mortgage fraud. · Represented a high-tech manufacturing company in securities class action litigation. · Represented a financial services company in a series of purported class actions raising a variety of commercial law issues. · Represented the lessor of equipment in a purported class action arising from post lease servicing issues. · Represented former chief executive officer, director and pension plan trustee in ERISA/breach of fiduciary duty litigation arising from a leveraged buyout done by an ESOP. · Represented defendants in criminal fraud cases, including allegations of tax fraud, money laundering, and check-kiting. · Conducted an internal investigation on behalf of a corporation concerning vendor contracts. · Conducted an internal investigation on behalf of a corporation's board of directors concerning unauthorized currency trading activities. · Conducted an internal investigation on behalf of a corporation concerning currency transaction reporting issues and the making of corrective filings. · Represented a defense contractor in criminal and administrative proceedings concerning allegations of False Claims Act violations due to false certification of the design of a component. · Represented a high-tech manufacturing company and a financial services company in shareholder appraisal actions. · Represented a high-tech manufacturing company in securities fraud litigation. · Represented a financial advisory company and its principals in a close corporation/partnership dispute. · Represented high level executives for financial services and technology companies in termination-related litigation. · Represented insureds in general liability and director and officer liability litigation. · Handled a number of commercial and corporate arbitrations done pursuant to agreement or AAA supervision. · Represented high technology company in an International Chamber of Commerce arbitration concerning termination of an offshore distributor. Other Distinctions · Richard is a Fellow of Litigation Counsel of America, an invitation-only trial lawyer honorary society. Fellows are selected and invited into Fellowship after being evaluated on effectiveness and accomplishment in litigation and trial work, along with ethical reputation. · Richard has been named a "Massachusetts Super Lawyer" by Boston Magazine for many years, most recently 2010, and a "Criminal Defense: White Collar Super Lawyer" in the Corporate Counsel Edition in 2010. · Richard has received an AV® Preeminent (5.0 out of 5) Peer Review rating from Martindale-Hubbell, signifying achievement at the highest level for both legal ability and ethical standards. Recent Speaking Engagements and Publications · "Recent Increase in Investigations Into Insurance Industry Practices: New Players on the Field," co-author, Thomson Reuters, October 5, 2011. · "Supreme Court Rules Mutual Fund Investment Advisor Not Liable for Securities Fraud in Private Securities Fraud Action, co-author, Edwards Wildman Palmer Client Advisory, June 2011. · "Will Loss Calculation Continue To Drive Sentencing?," co-author, Law360, June 8, 2011. · "The United States Supreme Court Scales Back Use of the "Honest Services" Law to Prosecute Corporate Corruption," co-author, Edwards Wildman Palmer Client Advisory, June 2010. · "Unsuspecting Employees Can Be Snared," co-author, Executive Counsel, July/August 2009. · "Fraud Enforcement and Recovery Act of 2009 Expands False Claims Act and Money Laundering Liability," co-author, Edwards Wildman Palmer Client Advisory, May 2009. · "Second Circuit Affirms Dismissal of Indictments Against KPMG Employees," co-author, Edwards Wildman Palmer Client Advisory, September 2008. · "Dealing with the New Realities of the Public Finance Market," speaker, Edwards Wildman Palmer seminar, Boston, Massachusetts, February 7, 2008. · "Cooperation May No Longer Mean Abandoning Duty to Advance Defense Costs," co-author, Edwards Wildman Palmer Client Advisory, June 29, 2006. · "Where is HMDA Reporting Leading?" Edwards Wildman Palmer Financial Services Bulletin, Summer 2005. · Money Laundering Deterrence Compliance for Financial Institutions and Broker Dealers in the Aftermath of 9/11, Author. · Richard has been a Panelist, and author, for Mass. Continuing Legal Education programs, including: (1) Fundamentals of Civil Deposition Practice, Taking a Deposition (Co-Chair), and (2) When the Bargain Breaks: Effective Representation of Clients with Complaints About Defective Goods and Services. · New Developments in Medicaid Fraud (National Association of Medicaid Fraud Control Units Training Conference), Panelist. · Greater Boston Real Estate Board, Building Owners and Management Association Program on Premises Liability, Panelist. News & Publications October 14, 2011, Reuters Runs Article by Richard McCarthy and Mark Peters on Increasing Investigations into Insurance Practices June 2011, Client Advisory - Supreme Court Rules Mutual Fund Investment Advisor Not Liable for Securities Fraud in Private Securities Fraud Action June 13, 2011, Writing in Law360, Richard McCarthy and Jamie Notman Look at Loss Calculation as a Factor in Sentencing October 7, 2010, EAPD Attorneys Selected For Inclusion in Super Lawyers 2010 June 28, 2010, Client Advisory - The United States Supreme Court Scales Back Use Of The "Honest Services" Law To Prosecute Corporate Corruption November 6, 2009, EAPD Attorneys Selected For Inclusion in Super Lawyers 2009 July/August 2009, Unsuspecting Employees Can Be Snared
Executive Counsel May 2009, Client Advisory - Fraud Enforcement and Recovery Act of 2009 Expands False Claims Act and Money Laundering Liability
Failure to Realize Profits from Criminal Activities and Absence of Direct Payment from the Government No Longer Avoid Liability September 2008, Client Advisory - Second Circuit Affirms Dismissal of Indictments Against KPMG Employees June 25, 2008, Attorneys recognized at EAPD's Second Annual Pro Bono Award Reception October 30, 2007, EAPD Attorneys Named Super Lawyers 2007 November 1, 2006, Edwards Angell Palmer & Dodge Attorneys Honored as Massachusetts Super Lawyers June 29, 2006, Client Advisory - Cooperation May No Longer Mean Abandoning Duty to Advance Defense Costs
Recent Decision in KPMG Prosecution Aids Company Employees and Directors in Having Company Fund Their Legal Defense Without Government Interference
Edwards Angell Palmer & Dodge LLP August 1, 2005, Financial Services Bulletin - Summer 2005
Edwards & Angell, LLP Events February 7, 2008 - February 7, 2008, Dealing with the New Realities of the Public Finance Market Before Edwards Wildman Richard left private practice and served as an Assistant United States Attorney in the Southern District of New York and as Deputy Chief Counsel to the Massachusetts Special Commission Concerning State and County Buildings (the Ward Commission). He was then a partner at another Boston law firm before joining our Firm. Besides Edwards Wildman Richard is active in local Boston area pro bono legal services and political and educational organizations. He has served for many years as a member of the Board of Directors of the Volunteer Lawyers Project, of which he is currently Chair. Richard has also served for many years as a precinct representative in Charlestown Neighborhood Council, was a Board Member of the Charlestown Preservation Society, and was a Trustee and member of the finance committee of the Advent School Board in Boston. He currently is a Trustee of the Newman School. Industries · Banking & Financial Institutions · Healthcare · Technology Memberships · American Bar Association · Boston Bar Association |