Overview
  • Partner, Hagens Berman Sobol Shapiro LLP
  • Leads the firm’s whistleblower practice and litigates select class-action cases
  • Litigates and argues both False Claims Act and a variety of class action cases in federal district courts and on appeal at the courts of appeal nationwide on behalf of whistleblowers, veterans, consumers, workers and investors
  • Experienced in successfully handling False Claims Act, SEC, CFTC, and IRS whistleblower cases for whistleblowers worldwide against the world’s largest financial companies, securities exchanges, accounting firms, medical device and pharmaceutical companies, medical providers, mortgage companies and other Fortune 500 corporations
  • One of the nation’s leading Dodd-Frank Whistleblower attorneys since the programs were adopted in 2010, representing several successful, record-breaking whistleblowers under the whistleblower programs of the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC)—including the two most notable whistleblowers under these programs
  • Litigates select human rights and other public interest matters, including previous litigation against the Rio Tinto mining conglomerate for war crimes against the indigenous population of Bougainville in Papua New Guinea, a case that reached the U.S. Supreme Court
  • Previously a felony prosecutor who successfully tried several multi-week jury trials and argued several cases in trial and appellate courts
Experience
  • King County Prosecuting Attorney’s Office, Felony Prosecutor
  • Law Clerk, Honorable Betty B. Fletcher, Ninth Circuit Court of Appeals, 2001-02
  • Law Clerk, Honorable Charles S. Haight, Jr., Southern District of New York, 2000-01
  • U.S. Attorney’s Office, District of Connecticut, Intern
Notable Cases
  • CFTC v. Nav Sarao Futures Ltd. and U.S. v. Sarao (Northern District of Illinois) (CFTC whistleblower) Successfully represented the highly-publicized anonymous Dodd-Frank CFTC whistleblower who single-handedly identified an international market manipulator, who was extradited and convicted. The case is the subject of the best-selling book “Flash Crash” by Bloomberg reporter Liam Vaughn.
  • In the Matter of EDGA Exchange, Inc., et al. (SEC whistleblower) Successfully represented another high-profile Dodd-Frank SEC whistleblower, the algorithmic trader and market structure expert Haim Bodek, who single-handedly identified securities law violations by a major U.S. securities exchange. Mr. Bodek was twice featured on the front page of the Wall Street Journal for his efforts, which led to the largest SEC fine in history against a financial exchange.
  • U.S. ex rel. Lagow v. Countrywide Financial Corp., et al. and U.S. ex rel. Mackler v. Bank of America, et al. (Eastern District of New York) Successfully handled both False Claims Act whistleblower cases representing relators in two separate lawsuits against Bank of America that culminated in the historic $1 billion settlement between the Department of Justice and Bank of America addressing mortgage origination and servicing fraud.
  • In the Matter of New York Stock Exchange LLC, et al. (SEC whistleblower) Successfully represented Mr. Bodek in a second record-tying SEC whistleblower action against the NYSE, and affiliated national securities exchanges, for unlawful and undisclosed use of order types.
  • In the Matter of Grant Thornton, LLP (SEC whistleblower) Successfully represented the Dodd-Frank SEC Whistleblower who brought the allegations of auditing fraud by this top-10 U.S. accounting and audit firm.
  • Childress v. Bank of America Corp., et al. (Eastern District of North Carolina.) Successfully represented and settled this class action case on behalf of over 126,000 military servicemembers challenging Bank of America’s violations of the Servicemember Civil Relief Act, resulting in tens of millions of dollars paid to veterans and their families.
  • In the Matter of Cargill, Inc. (CFTC whistleblower) Successfully represented CFTC whistleblower in action against the largest private company in the United States.
  • U.S. ex rel. Doe v. US WorldMeds LLC  (Western District of Washington) Successfully represented False Claims Act relator who challenged off-label marketing and Anti-Kickback Statute violations
  • Securities and Exchange Commission v. Moddha Interactive, et al. (District of Hawaii) (SEC whistleblower) Successfully represented SEC whistleblower who investigated and reported on fraudulent investment scheme shut down by the SEC.
  • U.S. ex rel. Nowak v. Medtronic, Inc., (District of Massachusetts) Successfully represented False Claims Act relator in declined and settled FCA litigation challenging off-label promotion of medical devices.
  • U.S. ex rel. Kite v. Besler Consulting, et al. (District of New Jersey) Successfully represented False Claims Act relator in several declined and settled FCA cases against area hospitals for Medicare fraud.
  • Sarei v. Rio Tinto Plc (Central District of California) Litigated international human rights class action case under Alien Tort Statute to the Supreme Court.
  • Hutchinson v. British Airways PLC, (Eastern District of New York) Successfully represented a class of consumers under Montreal Convention.
Clerkships
  • Honorable Betty B. Fletcher, Ninth Circuit Court of Appeals, 2001-2002
  • Honorable Charles S. Haight, Jr., Southern District of New York, 2000-2001
Media interviews and commentary
Presentations
  • Speaker: “Whistleblowers & Financial Fraud,” National Whistleblower Conference. San Francisco, CA. Jan. 22-23, 2018
  • Speaker: “Financial Fraud,” National Qui Tam Conference. Los Angeles, CA. Nov. 3-4, 2016
  • Speaker: “Representing Dodd-Frank Whistleblowers,” Taxpayers Against Fraud Education Fund, Annual Conference. Washington, D.C. Nov. 16, 2015. 
  • Speaker: “Secrets from the Plaintiff’s Bar,” Hospital and Health Care Law Conference: University of Washington. Seattle, WA. Apr. 24, 2015. 
  • Speaker: “False Claims in the Financial Sector,” False Claims and Qui Tam Enforcement Conference.  New York, New York.  Jan. 21-22, 2015. 
  • Lecture: “Access to Civil Remedy,” Business, Social Responsibility, & Human Rights, University of Washington School of Law. Seattle, Washington. Nov. 4, 2014
  • Speaker: “Enforcement of Financial Fraud,” False Claims Act: National Qui Tam Conference.  San Francisco, California. Oct. 27-28, 2014.
  • Lecture: “Human Rights Law After Kiobel,” University of Washington School of Law.  Seattle, Washington. Nov. 12, 2013.
  • Speaker: “Financial Fraud Enforcement,” False Claims Act: All Points of View, National Conference. San Francisco, California. Apr. 18-19, 2013.
  • Lecture: “Strategy after Kiobel and Bauman,” International Human Rights Seminar, University of Washington School of Law. Seattle, Washington. Apr. 17, 2013.
  • Lecture: “Alien Tort Statute and Human Rights Litigation,” University of Washington School of Law. Seattle, Washington. Nov. 13, 2012.
  • Speaker: “Protecting Whistleblowers, Protecting the Public,” Whistleblowing: Law, Compliance, and the Public Interest.  Government Accountability Project.  Seattle University School of Law.  Seattle, Washington. Mar. 23, 2012.