Patrick F. Linehan

Government Investigations & Litigation

Securities/Accounting Fraud/FCPA

• Counsel to broker-dealer in SEC investigation into allegations of violations of Regulation ATS and Rule 15c3-5, and related disclosure issues
• Counsel to Japanese auto parts supplier in independent investigation of allegations of accounting fraud
• Counsel to Special Litigation Committee in investigation of biologics company in response to allegations of accounting fraud, government contracts fraud, and FDCA violations
• Counsel to Audit Committee of climate investment firm in internal investigation into potential GAAP-related violations, in response to short-seller report
• Counsel to private security contractor in internal investigation of potential FCPA violations
• Counsel to multiple executives of India-based generic drug company in joint DOJ/SEC investigation into potential FCPA violations
• Counsel to former CEO of India-based solar power company in joint DOJ/SEC investigation into potential FCPA violations
• Counsel to former executive of internet services company in SEC enforcement action alleging violations under Section 10(b) of the Exchange Act and Sections 13 and 17 of the Securities Act (S.D.N.Y.). Against allegations of over $1 billion in investor harm, he obtained summary judgment in client’s favour as to all fraud-based claims and secured a settlement of $13,000 on the eve of trial.
• Represented numerous brokers in connection with FINRA investigations into violations of FINRA Rules

 FDA/Healthcare/False Claims Act

• Represent Medtronic in non-intervened False Claims Act complaint based on claims covering alleged device adulteration (S.D.N.Y.)
• Represent former executive of lab services company in non-intervened False Claims Act complaint based on alleged co-pay waivers and upcoding (successful dismissal of complaint, currently on appeal to 11^th Circuit).
• Counsel to medical device company in connection with non-intervened False Claims Act litigation arising from allegations of off-label marketing, adulteration and AKS violations (S.D.N.Y.)
• Counsel to solar panel company in connection with non-intervened DC False Claims Act litigation
• Counsel to flooring company in connection with civil False Claims Act investigation into allegations of false country-of-origin import documentation
• Counsel to dietary supplement company in defense against indictment alleging FDCA violations, wire fraud, conspiracy, obstruction of justice, and money laundering (N.D. Tex.)
• Counsel to Japan-based wastewater treatment company in connection with investigation involving allegations of False Claims Act violations arising from contract with US Navy
• Counsel to Bay Area-based biologics company in connection with investigation involving allegations of off-label promotion and False Claims Act violations (E.D. Pa.)
• Counsel to laboratory services company in connection with a civil False Claims Act investigation stemming from allegations of violations of the Anti-Kickback Statute arising from the provision of Electronic Health Records and related IT consulting services (E.D. Tenn.)
• Counsel to former CEO of pharmaceutical company in connection with investigation of possible violations of FDA laws governing current Good Manufacturing Practices (cGMP). United States v. Hermelin (E.D. Mo.)
• Counsel to former associate general counsel of pharmaceutical company against false statement and obstruction of justice charges. He was part of the trial team that obtained a complete acquittal. United States v. Stevens (D. Md.)
• Counsel to former CEO of medical device company in defense against indictment alleging FDCA violations, wire fraud, securities fraud, and conspiracy. Obtained acquittal on all charges except Park misdemeanors. United States v. Facteau (D. Mass.)
• Counsel to nursing home operator in qui tam lawsuit alleging violations of the False Claims Act based on the submission of allegedly false Medicare and Medicaid claims (S.D. Ala.). Obtained complete dismissal of all claims in the district court, and affirmance of that dismissal by the Eleventh Circuit
• Counsel to managed healthcare plan in qui tam lawsuit alleging violations of the False Claims Act based on the submission of allegedly false Medicaid claims (S.D. Ohio)
• Counsel to former CEO of laboratory services company in non-intervened False Claims Act litigation based on allegations of AKS violations (M.D. Fla.)
• Advises multiple clients on AKS compliance issues as they arise

Criminal Antitrust

• Counsel to CEO of the American subsidiary of a Japanese tire and rubber company in connection with DOJ Antitrust Division's marine hose investigation
• Counsel to Japanese airline carrier in connection with DOJ Antitrust Division's investigation of airfreight and passenger rates
• Counsel to multiple clients, including an amnesty applicant, in connection with numerous of DOJ Antitrust Division’s investigation into the auto parts industry
• Counsel to sales executive of food company in Antitrust Division's criminal investigation into collusion in broiler chicken industry
• Counsel to educational institution in Antitrust Division's civil investigation into alleged collusion with competitors relating to curricular offerings

Congressional/Political Investigations

• Counsel to multiple electric utility companies in connection with House Energy & Commerce Committee investigation of possible conflicts of interest relating to EPA's implementation of the Clean Air Act
• Counsel to multiple nuclear technology companies in connection with House Oversight Committee investigation of conflicts of interest in the White House relating to transfer of US nuclear technology to Saudi Arabia
• Counsel to EPA official in connection with House Science Committee into alleged conflicts of interest relating to EPA's issuance of IRIS priorities
• Counsel to EPA official in connection with EPA Inspector General investigation into alleged conflicts of interest relating to EPA's Office of Air and Radiation
• Counsel to high-level advisor to SEC Commissioner in connection with SEC Inspector General investigation of SEC's timing of announcement of charges against Goldman Sachs
• Counsel to energy futures trader in connection with Senate Permanent Subcommittee on Investigations' investigation into trading activities of Amaranth Advisors
• Counsel to financial services company in Senate Banking Committee investigation of Wall Street banks' alleged non-compliance with terms of government enforcement settlements
• Counsel to FBI Intelligence Analyst in connection with Department of Justice Inspector General investigation, Senate Judiciary Committee investigation and DOJ investigation into Operation Crossfire Hurricane
• Counsel to former intelligence official in connection with House Judiciary Committee investigation and FEC proceeding relating to media coverage of Hunter Biden
• Counsel to data marketing company in connection with House Energy & Commerce Committee investigation into data privacy issues

Other Representative Matters

• Obtained conditional non-debarment resolution on behalf of Japan-based construction consulting company against fraud-based allegations raised by World Bank
• Counsel to former CEO of software solutions company in investigation of allegations of overbilling of prime contractors of US AID and the Department of State
• Counsel to tax advisory firm in connection with investigation of allegations of tax-related offenses (W.D. Wash.)
• Counsel to multiple officers of non-profit organization in connection with FBI investigation of allegations of export control offenses
• Counsel to US government witness in criminal trial of former Senator John Edwards (W.D.N.C.)
• Counsel to campaign contributor in investigation by DOJ's Public Integrity Section into allegations of strawman campaign contributions and other election-related offenses

Private Civil Litigation

Securities/Shareholder Litigation

• Counsel to former environmental technology start-up company and its CEO, in lawsuit brought by individual investor alleging violations of federal and Virginia securities law (E.D. Va.)
• Counsel to custodial agent in federal securities class action alleging Exchange Act and Martin Act violations relating to Madoff scandal (S.D.N.Y.)
• Counsel to oil company in shareholder lawsuit alleging breaches of fiduciary duty in failing to detect alleged FCPA violations (E.D. La.)
• Counsel to community bank in shareholder litigation alleging breaches of fiduciary duties against bank's directors in connection with approval of merger price (Cal. Sup. Ct.)
• Counsel to independent directors of defense contractor in shareholder litigation alleging breaches of fiduciary duty in connection with their approval of asset sale (Conn. Sup. Ct.)
• Counsel to group of directors of concert company in shareholder litigation alleging breaches of fiduciary duty in connection with approval of sale of company to CEO (Del. Ch.)
• Counsel to former CEO of pharmaceutical company in federal securities class action alleging securities violations arising from alleged misrepresentations regarding Company’s compliance with current Good Manufacturing Practices (E.D. Mo.)
• Counsel to former Fannie Mae executive, in individual investor lawsuit alleging violation of Texas securities law (S.D.N.Y.). Obtained dismissal of all claims. 
• Counsel to former executive of British oil company, in numerous individual investor lawsuits alleging violations of federal and various states' securities laws (S.D. Tex.). Obtained dismissal of all claims. 
• Counsel to CEO of international mining company in federal securities class action alleging Exchange Act violations stemming from alleged misrepresentations regarding compliance with anti-corruption and economic sanctions laws (D.N.J.)
• Part of trial team in the first post-PSLRA securities class actions to go to trial (D.N.J.)

Employment-Related Litigation

• Counsel to former CEO of pharmaceutical company in litigation against former employer to enforce contractual rights under indemnification agreement and employment agreement (Del. Ch., Mo. Sup. Ct.)
• Counsel to three interdealer brokers in employment dispute before FINRA arbitration panel arising from 90-broker raid of an interdealer brokerage by competitor. After full hearing before the FINRA panel, he obtained the full injunctive and declaratory relief sought.   
• Counsel to international brokerage in litigation brought by competing brokerage alleging claims arising from client’s recruitment of multiple competing brokerage’s brokers (N.D. Ill.)
• Counsel to CEO of financial services company in litigation brought by former employee alleging retaliation (D.N.J.)
• Have negotiated employment and severance agreements on behalf of multiple brokers, traders and other Wall St. executives
• Conducted pre-litigation employment-related investigations on behalf of multiple institutional clients

Other Representative Matters

• Counsel to government contractor in arbitration against the Federal Aviation Administration (FAA) before FAA's Office of Dispute Resolution for Acquisition (ODRA)
• Counsel to financial services company, in lawsuit alleging violations of the Copyright Act (S.D.N.Y.). The case settled promptly and favorably.  
• Counsel to Japanese auto parts company in multiple antitrust class action lawsuits and related opt-out litigation (E.D. Mich.)
• Counsel to clients in multiple post-acquisition representations & warranties litigation, in Delaware and elsewhere

• Speaker, "POCA and FCPA – Pitfalls to Avoid," Steptoe, Control Risks, JSA Advocates and Solicitors, Gurugram, India, April 11, 2023
• "Criminal Investigations And Social Media, Geolocation, And The Capitol Riots," New York State Bar Association, April 27, 2021

• "Electronic Information in Criminal Investigations and Proceedings," Berkeley Research Group, June 12, 2019

• "Attorney-Client Privilege and Internal Investigations: Ethical Risks and Pitfalls," The Knowledge Group, May 22, 2019

• "Foreign Law Firms Under Attack: How to Protect Privileged Information," Lex Mundi's Business Crimes and Compliance Group Annual Meeting, Chicago, IL, October 18, 2018

• "Privilege in International Investigations," Lex Mundi's Business Crimes and Compliance Group Annual Meeting, London, UK, October 3, 2017

• "Strategic Use of Joint Defense Agreements in Litigation: Avoiding Disqualification and Privilege Waivers," Strafford Webinar, February 15, 2017

• "Emerging Issues in Health Care Enforcement: New Tactics, New Theories," The Knowledge Group/The Knowledge Congress Live Webcast Series, September 25, 2015

• "Risky Business: Using Risk Assessments and Internal Controls to Mitigate Liability and Further Good Governance," ABA Business Law Section Annual Meeting, Chicago, IL, September 17, 2015

• Super Lawyers, Washington, DC, Criminal Defense: White-Collar (2019-2022, 2024)

• Super Lawyers, Washington, DC, Securities Litigation (2017-2018)

• Legal 500 US, Litigation: White-Collar Criminal Defense (2016)