Overview
The Am Law Litigation Daily has named Reid Weingarten “Litigator of the Week.” Mr. Weingarten, and co-counsel Frank Libby of Libby Hoopes, PC, were recognized in an article published July 29 for securing a federal court victory for two former medical device company executives. On July 20, a jury in Boston acquitted ex-Acclarent CEO William Facteau and former vice president of sales Patrick Fabian of felony fraud charges brought by the government in an indictment returned in 2015.
The jury acquitted the defendants of all 14 felony charges brought by the government. The jury unanimously acquitted both defendants on one count of conspiracy, three counts of wire fraud and 10 counts of felony adulteration and misbranding. The original indictment included 18 felony charges, four of which were dismissed prior to trial.
In the article, Mr. Weingarten and Mr. Libby say they plan to file post-trial motions challenging the misdemeanor convictions. If they are unsuccessful, Mr. Weingarten says they will appeal to the US Court of Appeals for the First Circuit after sentencing, where they will argue due process and First Amendment violations.
Along with Mr. Weingarten, the Steptoe DC-based litigation team was led by partner William Hassler.
The full article can be read at The Am Law Litigation Daily (subscription required).