Partner, King & Spalding
John Richter is a trial and investigations partner in the Special Matters and Investigations Practice Group, and represents and defends companies, Boards of Directors, Board committees, and individuals facing a variety of white-collar criminal and regulatory enforcement matters, parallel civil litigation, and internal corporate investigations. John previously served as the Acting Assistant Attorney General in charge of the Criminal Division at the U.S. Department of Justice and as the U.S. Attorney for the Western District of Oklahoma, having been nominated by President George W. Bush and confirmed by unanimous consent of the U.S. Senate.
Partner, Conner & Winters
Donn C. Meindertsma is a partner in the Washington, DC office of Conner & Winters.
Partner, Wiley Rein
Brandon defends companies and their executives in complex civil and criminal cases involving alleged healthcare fraud, the False Claims Act (FCA), whistleblower allegations, the Foreign Corrupt Practices Act (FCPA), antitrust, regulatory violations, and contract and procurement fraud. She has extensive experience shepherding life sciences companies, government contractors, not-for-profits, and technology companies through internal investigations and responding to subpoenas and civil investigative demands (CIDs). She also advises a broad range of companies on compliance programs, privacy, telecommunications, compliance, Team Telecom, and new media issues.
Professor of Law, University of Pittsburgh School of Law
Arthur D. Hellman, a professor of law (emeritus) at the University of Pittsburgh, is a nationally recognized scholar of the federal courts who has also written in the area of the First Amendment. His publications include numerous articles and several books, including casebooks in both areas, Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process (5th edition 2022) (with David R. Stras, Ryan W. Scott, F. Andrew Hessick, and Derek T. Muller); and First Amendment Law: Freedom of Speech and Freedom of Religion (5th edition 2022) (with William D. Araiza, Thomas E. Baker, and Ashutosh A. Bhagwat).
In addition to his casebooks and academic writing, Processor Hellman has worked with the Judiciary Committees in the House and Senate in drafting federal courts legislation, including the most recent (2002) revision of the Judicial Conduct and Disability Act (Title 28, Chapter 16). The legislative histories of two major jurisdictional statutes – the Federal Courts Jurisdiction and Venue Clarification Act of 2011 and the “Holmes Group Fix” (enacted as part of the America Invents Act) – acknowledge his contributions.
Professor Hellman has testified as an invited witness at numerous hearings of both Judiciary Committees. His testimony has focused on a wide variety of legislative issues related to the federal courts, including the jurisdiction of the Supreme Court; proposals to divide the Ninth Circuit Court of Appeals; federal judicial discipline; unpublished appellate opinions; and the constitutionality of legislative restrictions on the powers of the federal courts.
In 2005 Professor Hellman was appointed as the inaugural holder of the Sally Ann Semenko Endowed Chair at the University. In 2002 he received the Chancellor’s Distinguished Research Award “as a faculty member who has an outstanding and continuing record of research and scholarly activity.”
Associate, Wiley Rein LLP
Shane B. Kelly represents individual and corporate clients in government and internal investigations, civil enforcement matters, criminal investigations and prosecutions, and other litigation. He regularly conducts internal investigations to assess allegations of misconduct and potential exposure and advises on disclosure obligations and corrective actions. Mr. Kelly also defends government contractors and other clients accused of false claims, fraud, and kickbacks. He often assists clients in responding to subpoenas and civil investigative demands, including managing the preservation, collection, and production of electronically-stored information.
Partner, Wiley Rein LLP
Mark represents government contractors and telecommunications companies facing federal investigations, whistleblower complaints, and civil enforcement actions. He navigates responses to civil investigative demands from the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC), as well as inquiries and subpoenas from the Federal Communications Commission (FCC), Inspectors General, and Congress. He also leads internal investigations for companies to assess potential misconduct by employees. Mark is a co-chair of Wiley Rein’s Communications Enforcement & Compliance Group.
Senior Litigation Counsel, New Civil Liberties Alliance
Throughout his 40-year career in private law practice in Washington, D.C., Richard Samp has specialized in appellate litigation with a focus on constitutional law. He served as Chief Counsel of the Washington Legal Foundation for more than 30 years. He has participated directly in more than 200 cases before the U.S. Supreme Court. Mr. Samp is a graduate of Harvard College and the University of Michigan Law School and clerked for a federal judge in Detroit.
Associate, Wiley Rein LLP
Shane B. Kelly represents individual and corporate clients in government and internal investigations, civil enforcement matters, criminal investigations and prosecutions, and other litigation. He regularly conducts internal investigations to assess allegations of misconduct and potential exposure and advises on disclosure obligations and corrective actions. Mr. Kelly also defends government contractors and other clients accused of false claims, fraud, and kickbacks. He often assists clients in responding to subpoenas and civil investigative demands, including managing the preservation, collection, and production of electronically-stored information.
Partner, Wiley Rein LLP
Stephen J. Obermeier has a wide range of experience litigating complex disputes before federal and state courts and administrative agencies and in arbitration. He has represented clients in both individual and class action cases involving commercial and government contract disputes, the False Claims Act (FCA), procurement fraud, consumer fraud, business torts, and the Administrative Procedure Act (APA). Mr. Obermeier has authored dozens of appellate and dispositive motions briefs in courts across the country and has successfully argued multiple motions to dismiss, summary judgment motions, and appeals in federal and state court. He also has experience conducting internal investigations for corporate clients in response to government allegations of misconduct. Mr. Obermeier previously served as an Assistant U.S. Attorney in the civil section in the Eastern District of Virginia.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Professor of Law, Yeshiva University Benjamin N. Cardozo School of Law
Professor Brickman teaches Contracts, Professional Responsibility, and Land Use, among other courses. His areas of expertise include legal ethics, contingency fees, mass torts, and asbestos litigation. His writings on these and other subjects are widely cited and he is frequently quoted in the press.
Senior Litigation Counsel, New Civil Liberties Alliance
Throughout his 40-year career in private law practice in Washington, D.C., Richard Samp has specialized in appellate litigation with a focus on constitutional law. He served as Chief Counsel of the Washington Legal Foundation for more than 30 years. He has participated directly in more than 200 cases before the U.S. Supreme Court. Mr. Samp is a graduate of Harvard College and the University of Michigan Law School and clerked for a federal judge in Detroit.
General Counsel and Vice-President of Litigation, Washington Legal Foundation
Cory Andrews is General Counsel and Vice-President of Litigation for the Washington Legal Foundation (WLF). As counsel of record for WLF and other clients, he has authored more than 100 briefs, at petition and merits stages, in the U.S. Supreme Court. He also frequently litigates in state and federal appellate courts. Before joining WLF, Cory practiced trial and appellate law for White & Case LLP, where he litigated in state and federal courts on behalf of clients in the telecommunications, hospitality, and banking industries. He received his J.D. magna cum laude from the University of Florida, where he was Editor-in-Chief of the Florida Law Review and elected to the Order of the Coif. Upon graduation, Cory served as a law clerk to the Honorable Steven D. Merryday of the U.S. District Court for the Middle District of Florida.
The False Claims Act, the CARES Act, and COVID-19: An Enforcement Overview
John C. Richter
The False Claims Act, which imposes civil and criminal liability on those who submit false...
Whistling in Chevronland: Why Department of Labor Interpretations of the Sarbanes-Oxley Act Whistleblower Provisions Do Not Deserve Judicial Deference
Donn C. Meindertsma
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
False Claims Act Granston Memo
Brandon Moss
On January 10th, Michael Granston, the Director of the Commercial Litigation Branch within the United...
The Fraudulent Joinder Prevention Act of 2016: A New Standard and a New Rationale for an Old Doctrine
Arthur D. Hellman
Note from the Editor: This article discusses the doctrine of fraudulent joinder and an ongoing attempt to...
How “False” Must a Claim be under the False Claims Act? The Supreme Court Decides Universal Health Services v. United States ex rel. Escobar - Podcast
Shane B. Kelly, Mark B. Sweet
If you do business with the federal government, when does violating a statute, regulation, or...
RJR Nabisco, Inc. v. The European Community - Post-Argument SCOTUScast
Richard A. Samp
On March 21, 2016, the Supreme Court heard oral argument in RJR Nabisco, Inc. v....
Topics
The Climate Change Inquisition
On March 29, the Attorneys General of nineteen states announced their intent to conduct concerted...
How “False” Must a Claim be under the False Claims Act? - Podcast
Shane B. Kelly, Stephen J. Obermeier
If you do business with the federal government, when does violating a statute, regulation, or...
Mesothelioma Litigation - Podcast
Mark A. Behrens, Lester Brickman
The tragedy of asbestos continues to play out. The ensuing litigation has no counterpart in...
Restraining Park Doctrine Prosecutions Against Corporate Officials Under the FDCA
Richard A. Samp, Cory L. Andrews
Note from the Editor: This paper analyzes the FDA’s “Park Doctrine” for prosecutions against corporate...