Michael E. Clark practices in the area of litigation with concentrations in securities and financial fraud as well as white-collar law and healthcare law in both criminal and civil matters. Mr. Clark has been lead counsel in more than 100 jury trials. He has counseled clients, including healthcare providers, insurers and financial institutions, helping to conduct internal investigations and advising on compliance and corporate governance matters.
Mr. Clark serves on the planning committee for the National Institute on Internal Investigations and Forum for In-House Counsel. He is the immediate past chair of the White-Collar Crime Committee in the ABA section of Business Law. Mr. Clark frequently writes and presents on antitrust, corporate compliance and governance, ethics, internal investigations, pharmaceutical law, securities law and white-collar defense issues. As an adjunct law professor at the Health Law & Policy Institute of the University of Houston Law Center, Mr. Clark has taught on food and drug law, civil and criminal trial advocacy, healthcare and antitrust, and regulation of biomedical research. He is also a faculty instructor for the National Institute for Trial Advocacy.
Mr. Clark is a 1982 graduate of South Texas College of Law and also holds an LL.M. in Health Law and an LL.M. in Tax from the University of Houston Law Center. He also is a graduate of the University of Texas at Arlington.
Areas of Practice
· White-Collar Criminal Law
· Health Law
· Securities Law
Professional Activities
· American Bar Association
- Section of Business Law
-- White-Collar Crime Committee, immediate past chair
-- Former Member, Editorial Board, The Business Lawyer
- Health Law Section
-- Secretary, 2011-present
-- Co-Chair, Publications Committee, 2010-present; 2004-2007
-- Member, Governing Council, 2008-2010
· Planning Committee, ABA National Institute on Internal Investigations and In-House Counsel
· Former Member of Planning Committee, ABA National Institute on Securities Fraud
· University of Houston Law Center, Health Law & Policy Institute
- Adjunct Professor, 2001-present
· National Institute for Trial Advocacy
- Faculty Instructor
· Editor-in-Chief, Pharmaceutical Law: Regulation of Research, Development, and Marketing (BNA & ABA Health Law Section, publishers) (2007) (in annual supplementation)
Experience
· Duane Morris LLP
- Special Counsel, 2010-present
· Hamel Bowers & Clark, LLP
- Partner, 2000-2010
· Gardere Wynne Sewell & Riggs, LLP
- Partner, 1998-2000
· U.S. Department of Justice, U.S. Attorney's Office, Southern District of Texas
- Criminal Division Chief, 1993-1997
- Financial Fraud Section Chief, 1990-1993
- Attorney, Fraud Section, 1988-1989
- Attorney, General Crimes Section, 1987-1988
· Galveston County, Texas, District Attorney's Office
- Attorney, 1982-1987
Honors and Awards
· 2012 Top Rated Lawyers Guide to Health Care Law, Corporate Counsel magazine
· "Top Lawyers in Houston," White-Collar Defense, H Texas Magazine, 2008, 2009 and 2010
· Texas Super Lawyers, 2007, 2008, 2009, 2010 and 2011
· Recipient of the Attorney General's Director's Award from the U.S. Department of Justice, 1996
· AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
AV® Preeminent™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.
Selected Publications
· Author, "What is a 'Foreign Official'?" Vague Term Complicates Corrupt Practices Act Compliance," Washington Legal Foundation, November 18, 2011
· Co-author, "Insights into the SEC's Whistleblower Program," The Review of Securities & Commodities Regulation, October 2011
· Co-author, "SEC Adopts Final Rules on Dodd-Frank Whistleblower Program," Duane Morris Alert, June 8, 2011; republished in the Journal of Investment Compliance, Vol. 12 No. 3, 2011
· "The Dodd-Frank Act's Bounty Hunter Provisions," The Review of Securities & Commodities Regulation, Vol. 44, No. 3 (Feb. 9, 2011)
· "Internal Investigations and Other Tools," ALI-ABA The Practical Litigator, January 2011
· "Whistleblower Risks Just Increased: What to Watch For," Modern Healthcare, November 2010
· Co-author, "CMS's Stark Law Self-Referral Disclosure Protocol Raises Tough Decisions for Healthcare Providers," Duane Morris Alert, October 14, 2010
· "U.S. Financial Reform: New Whistleblower Incentives and Protections, and More Enforcement Expected," Duane Morris Alert, August 24, 2010; reprinted in ABA Health eSource, September 2010
· Editor-in-Chief, LJN's Bioethics Legal Review, Law Journal Newsletters/American Lawyer Media, Inc., 2005
· Editor-in-Chief, The Health Care Fraud & Abuse Newsletter, Law Journal Newsletters/American Lawyer Media, Inc., 2004
· Editorial Board, CCH Health Care Compliance Letter, CCH Incorporated, 2005-present
· Editorial Board, The Business Crimes Bulletin, Law Journal Newsletters/American Lawyer Media, Inc., 2004-present
· Editor-in-Chief and chapters author, "Securities Law Issues and Disclosure Considerations for Pharmaceutical Companies: Antitrust and Intellectual Law Issues for Pharmaceutical Companies," Pharmaceutical Research and Marketing Law: A Guide for Health Lawyers (BNA/ABA Health Law Section), October 2007
· "Antitrust and Managed Care," Managed Care Litigation (BNA/ABA Health Law Section, 2005; Supplement, 2007)
· "Complying with The FCPA in Emerging Markets After SOX," 15 Bus. Crimes Bull. 2, October 2007
· "The Growing Importance of Securities Regulation for Publicly Traded Entities in the Post Sarbanes-Oxley Marketplace," 2006 Health Law and Compliance Update, Aspen Publishers, 2006
· "Stock Option Trading -Where Were the Lawyers and Auditors?" 14 Bus. Crimes Bull. 12, December 2006
· "A Step Forward in Recognition of Compliance Efforts: The SEC's January 2006 Statement concerning Financial Penalties," CCH Health Care Compliance Letter, No. 8, Issue 9, April 2006
· "Oregon's Death with Dignity Act and Alleged Patient Euthanasia After Hurricane Katrina - The Government's Role," The Health Lawyer, Vol. 18, No. 3, February 2006
· "Compliance and Governance Issues and Trends after Sarbanes-Oxley," 2005 Health Law and Compliance Update, Aspen Publishers, 2005
· "Statements During Settlement Negotiations as Evidence in a Criminal Trial," 13 Bus. Crimes Bull. 12, December 2005
· "The New Advisory Role of Federal Sentencing Guidelines after Booker-FanFan (Part 2)," CCH Health Care Compliance Letter, No. 8, Issues 9 and 10, May 2005
· "Corporate Cooperation in the Face of Government Investigations," The Health Lawyer, Vol. 17, No. 2, April 2005
· "Daubert Motions in Business Crimes," 11 No. 12 Bus. Crimes Bull. 3, January 2005
Selected Speaking Engagements
· Panelist, "Foundations of and Ethical Considerations in White Collar Law," American Bar Association's 22nd Annual National Institute on Health Care Fraud, Las Vegas, May 9, 2012
· Panelist, "Parlez-Vous Kickback? The Application of the Foreign Corrupt Practices Act to the Healthcare Arena," ABA Section of Health Law's Emerging Issues in Healthcare Law Conference 2012, San Diego, February 23, 2012
· Speaker, "The Responsible Corporate Officer Doctrine: A Re-emergent Threat to General Counsel and Corporate Officers," New York State Bar Association's 4th Annual Corporate Counsel Institute, New York City, October 27, 2011
· Moderator, "Foreign Corrupt Practices Act: Achieving and Maintaining Compliance," West LegalEdcenter Webinar, August 11, 2011
· Moderator, ""The Care and Feeding of Whistleblowers: Implications of the Dodd-Frank Act in the United States and Elsewhere," American Bar Association Section of Business Law Annual Meeting, Toronto, August 6, 2011
· Panelist, "Trial Practice Demonstration of U.S. v. Fallah, et al. (S.D. Texas)," ABA's 21st Annual National Institute on Health Care Fraud, Miami Beach, May 2011
· Moderator, "The Mutiny of the Bounties: Heightened Risks for Business Lawyers and Their Clients from Dodd-Frank Whistleblowers, Qui Tam Relators, and Whistleblowers Under the Revised IRS Bounty Program," ABA Section of Business Law's Spring Meeting, Boston, April 2011
· Panelist, "International Investigations: Too Fast Too Furious," ABA Section of International Law's Spring Meeting, Washington, D.C., April 2011
· Speaker, "Survey of Recent Litigation Developments for Health Lawyers," Law Education Institute, Inc.'s 28th Annual National CLE Conference, Vail, Colorado, January 2011
· Speaker, "Bounty Hunters in Your Midst? Rewarding Whistleblowers in the SEC World," American Bar Association's Fifth Annual National Institute on Securities Fraud, New Orleans, Louisiana, October 2010
· Moderator, "To Disclose or Not to Disclose: An Analysis of the New CMS Voluntary Self-Disclosure Protocol," ABA Section of Health Law Teleconference, November 2010
· "The Whistleblower Provisions of the Dodd-Frank Act," Lexis/Nexis Corporate and Securities Law Community Podcast, September 20, 2010
· Panelist, "Confronting Thorny Issues in Internal Investigations," ABA Annual Meeting Compliance Committee CLE program, San Francisco, California, August 2010
· Moderator, "Ethical Issues in Internal Investigations," ABA's National Institute on Internal Corporate Investigations and Forum for In-House Counsel 2010, Washington, D.C., May 2010
· Planning Committee and Moderator, "Internal Investigations: Perspectives from the Government, Inside and Outside Counsel," ABA Sections of Business Law, Criminal Justice, and Litigation: ABA Center for Professional Responsibility, and the Center for Continuing Legal Education, First National Institute on Securities Fraud, Washington D.C., September 2006
· Moderator, "Foreign Corrupt Practice Act Issues in Emerging Markets: How to Evaluate and Minimize the Risks," ABA Section of Business Law Annual Meeting, San Francisco, August 2007
· Panelist, "Trade Secrets and Confidential Business Information," ABA Criminal Justice Section, Section of Science and Technology Law and the ABA Center for CLE in cooperation with the Association for Computing Machinery, First National Institute on Computing and the Law: From Steps to Strides into the New Age, San Francisco, June 2007
· Moderator, "Relators After Rockwell: What the Supreme Court's Latest Qui Tam Decision Means for Your Clients," ABA Section of Health Law and the Center for Continuing Legal Education, Teleconference, April 2007
· Planning Committee and Moderator, "Perspective and Proportion: Keeping Civil and Regulatory Matters out of Criminal court (scheduled)," ABA Sections of Business Law, Criminal Justice, and Litigation; ABA Center for Professional Responsibility, and the Center for Continuing Legal Education, Second National Institute on Securities Fraud, Washington D.C., October 2007
· Moderator, "The Attorney-Client Privilege: How to Protect the Privilege, Avoid Waiver and Pros and Cons of Deliberate Waiver," ABA Section of Business Law, ABA Center for Professional Responsibility, and the Center for Continuing Legal Education, Teleconference, June 2006
· Moderator, "Managing Parallel Proceedings in Securities Investigations," ABA Section of Business Law Spring Meeting, Tampa, April 2006
· Panelist, "ePrescribing & eDrug Labels-An FDLI Audioconference on: Electronic Healthcare Initiatives: ePrescribing & eDrug Labels Come to a Computer Near You!" Food & Drug Law Institute Teleconference, February 2006
· Seminar Chair, CLE International's Internal Investigations Seminar, Houston, March 2005
· Panelist, "The Erosion of Attorney-Client Privilege: Is there Anything Left to Protect?" American Conference Institute's Third Annual Corporate Counsel's Guide to Conducting and Managing Internal & External Investigations, New York, New York, April 2005
· Panelist, "The Booker Project: The Future of Federal Sentencing," University of Houston Law Center, November 2005
· Panelist, "Regulatory Inquiries: Is There an Alternative to Cooperation?" ABA Section of Business Law Annual Meeting, Chicago, August 2005
· Panelist, "Managing Complex Litigation," ABA Sections of Antitrust Law and Health Law and the American Health Lawyers Association's "Antitrust in Healthcare Seminar," Washington D.C., May 2005
· Moderator, "Handling Complex Litigation Involving the Healthcare Industry," ABA Health Law Section's Sixth Annual Conference on Emerging Issues in Healthcare Law, Lake Buena Vista, Florida, February 2005
· Panelist, "Corporate Compliance Programs: Here's a Plan, Privilege and Work Product, and Words to Save Them," ABA Health Law Section, ABA Center for Professional Responsibility, and the Center for Continuing Legal Education Teleconference-Health Law Contracting Is Expanding: Your Toolkit for Health Law Negotiating, Drafting and Contracting (Part 1), February 2005
· Moderated Panel, "Blakely and the Federal Sentencing Guidelines: You Can Almost Go Home Again -The Importance of the Supreme Court's Landmark Decision in the Booker and FanFan Cases," ABA Health Law Section, ABA Center for Professional Responsibility, and the Center for Continuing Legal Education Teleconference, February 2005
· Presenter, "Environmental Issues in Real Estate Transactions," National Business Institute's Advanced Real Estate Law in Texas Seminar, Houston, January 2005
Less