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Michael E. Clark
Trusted advocate for the toughest cases
Badges
Claimed Lawyer Profile
Biography
• Very experienced litigator (over 100 jury trials) who teaches trial skills to lawyers and law students
o Representation in False Claims Act cases; Business and Commercial Litigation cases; Health Care Fraud cases; Environmental cases; Securities law cases; Tax cases; Trade Fraud cases; and other complex litigation matters
o Representation in Internal Investigations
o Representation in Corporate Governance matters
• Part-time academic and widely published
• Editor-in-chief of two legal treatises: one about pharmaceutical and medical device law; the other about corporate criminal liability
• Past Chair of the ABA Health Law Section
• Past Chief of the Criminal Division, U.S. Attorney’s Office, Southern District of Texas
• Past Section Chief of the Financial Crimes Division, U.S. Attorney’s Office, Southern District of Texas
• Recognized by SuperLawyers and Best Lawyers, among other peer reviewed attorney ranking services.
• LL.M. degrees in Tax and Health Law
• Board Certified in Criminal Law by the Texas Board of Legal Specialization and the National Board of Trial Advocacy.
• Featured speaker for various professional audiences
• Trained arbitrator in health law
• Expert witness in health law cases.
Practice Areas
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Health Care Law
- White Collar Crime
- Gov & Administrative Law
- Administrative Law, Election Law, Government Contracts, Government Finance, Legislative & Government Affairs
- Appeals & Appellate
- Civil Appeals, Federal Appeals
- Arbitration & Mediation
- Business Arbitration, Consumer Arbitration, Family Arbitration
Additional Practice Area
- Commercial Litigation
Fees
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Rates, Retainers and Additional Information
Appropriate retainers are required for all new clients.
Jurisdictions Admitted to Practice
- Texas
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- 5th Circuit
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- U.S. Supreme Court
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Languages
- English: Spoken, Written
Professional Experience
- Of Counsel
- Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
- - Current
- I'm assigned to the firm's Litigation Group where I work with its Government Enforcement and Investigation attorneys, and am also part of the firm's Health Law Group, among other practice groups. I handle a mix of complex civil and white collar defense cases.
- Special Counsel
- Duane Morris LLP
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- I was part of Duane Morris' Trial Practice and Healthcare Practice Groups where, in addition to business litigation, I handled matters involving health care law and white collar defense in such areas as securities and financial fraud, corporate compliance and governance, and corporate internal investigations.
- Partner
- Hamel Bowers & Clark LLP
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- Partner
- Gardere Wynne Sewell LLP
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- I worked in the firm's white collar and health law practice groups, where I handled a variety of civil and white collar defense matters
- Chief, Criminal Division & Assistant U.S. Attorney
- U.S. Attorney's Offfice, Southern District of Texas
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- During my last four years as a federal prosecutor, I was the Chief of the Criminal Division for the U.S. Attorney's Office in the Southern District of Texas, and managed around 50 federal prosecutors, maintained an active caseload, and regularly met with senior federal enforcement agency contacts to coordinate case development and priorities. Before being selected for this position, I served as a chief of the Financial Fraud Division during the Savings & Loan Crisis period. Before that, I served as a prosecutor handling a wide variety of federal cases and tried many cases.
- Assistant District Attorney
- Galveston County District Attorney's Office
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- In this position, I moved through the ranks from being a misdemeanor prosecutor, to being the Chief of the Family Law Section, and then being a felony prosecutor -- during which time I tried dozens of cases and handled an extensive number of appeals. I also was cross-designated as a Special Assistant U.S. Attorney near the end of my tenure in this position, which led me to seek employment with the U.S. Attorney's Office.
Education
- University of Houston - Main Campus
- LL.M | (Health Law)
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- University of Houston - Main Campus
- LL.M | Taxation
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- South Texas College of Law
- J.D | Law
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- University of Texas - Arlington
- B.A | English
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Awards
- Healthcare Lawyer of the Year, 2019
- Corporate LiveWire Global Awards
- Healthcare Lawyer of the Year, 2018
- Corporate LiveWire Global Awards
- Texas SuperLawyers 2018
- Superlawyers
- Best Lawyers (Health Law)
- Best Lawyers
- Texas Super Lawyers 2017
- Superlawyers
Professional Associations
- University of Houston Law Center, Criminal Justice Institute
- Advisory Board
- - Current
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- ABA Section of Health Law
- Past Chair
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- ABA Section of Health Law
- Member, Governing Council
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- ABA Section of Health Law
- Vice Chair
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- ABA Section of Health Law
- Secretary and Co-chair of Executive Publishing Committee
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- ABA Standing Committee on Publishing Oversight
- Member
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- Activities: I was selected to this ABA-wide position by the President of the ABA
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- ABA Section of Criminal Justice
- Cochair, South Texas Region, White Collar Crimes Committee
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- ABA Section of Business Law
- Chair, White Collar Crimes Committee
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Publications
Articles & Publications
- Insights Into the SEC's Whistleblower Program
- The Review of Securities & Commodities Regulation
- Internal Investigations and Other Tools
- The Practical Litigator (ALI-ABA)
- SEC adopts final rules on Dodd-Frank Whistleblower Program
- Journal of Investment Compliance
- The Dodd-Frank Act's Bounty Hunter Provisions
- The Review of Securities & Commodities Regulation
- WHAT IS A “FOREIGN OFFICIAL”?: VAGUE TERM COMPLICATES CORRUPT PRACTICES ACT COMPLIANCE
- Washington Legal Foundation
Speaking Engagements
- Interview: Darshan Talks, Podcast Interview about healthcare fraud and white collar defense, https://www.linkedin.com/feed/update/urn:li:ugcPost:6807685199967662080/
- Darshan is an attorney pharmacist who interviewed me about pharmaceutical fraud and related issues
- A Fraud and Abuse Primer, ACI's 2nd Digestive Health Center Management and Development Conference, Houston, TX
- ACI
- Post-Escobar Fraud and Abuse Standards of Proof: Is a Liability Tidal Wave Coming, Emerging Issues Conference, New Orleans
- ABA Section of Health Law
- Anatomy of an Investigation, Physician Legal Issues Conference, Chicago
- ABA Section of Health Law
- Counterclaims in Qui Tam Cases: Emerging Strategies and Ethical Considerations, webinar
- ABA Section of Health Law
Certifications
- Criminal Law
- Texas Board Of Legal Specialization
- Criminal Trial Advocate
- National Board of Trial Advocacy
Websites & Blogs
Evolving Foreign Trade Risks
Social Media
Contact & Map
