Michael E. Clark
Michael Clark
Houston
Texas (TX)
Health Care
Criminal Defense: White Collar
Business Litigation
Profile
I'm assigned to Duane Morris' Trial Practice Group (including its White-Collar Criminal Defense Corporate Investigations and Regulatory Compliance Practice Group) and its Health Care Practice Group. I have served as lead counsel in 100+ jury trials and for many years have taught lawyers and law students trial skills though NITA and the University of Houston Law Center.
I represent clients in high-stakes litigation and have experience in a variety of areas, such as securities/financial fraud and health law matters. I also conduct internal investigations and counsel clients about fraud and abuse and corporate governance matters.
I've been interviewed and quoted by many media sources, including the AP; Bloomberg, CBC, CNBC; Dallas Morning News; 48 Hours; Fox Financial, Health Channel; Houston Chronicle; National Law Journal; New York Law Journal; New York Times; Reuters/Thomson, Texas Lawyer; and USA Today.
I'm an Adjunct Professor of Law, a NITA faculty instructor, extensively published and frequently present to professional groups. In addition to my JD, I have LLMs in Taxation and Health Law. I'm also a trained Health Law Arbitrator (by AHLA).
I'm very involved in professional peer organizations. Within the American Bar Association, I'm currently the Secretary of the Section of Health Law and Co-Chair its Publications Committee. I've served on the ABA-wide Standing Committee on Publishing Oversight and am a past Chair of the Business Law Section’s White-Collar Crime Committee (and a past Editorial Board member of The Business Lawyer). I'm co-chair and serve on the Planning Committee for the ABA's National Institute on Internal Investigations and Forum for In-House Counsel and in the past served on the Planning Committee for the ABA's National Institute on Securities Fraud.
I'm also a Fellow of the American Bar Foundation and a member of the DRI (where I serve as the Securities Fraud vice-chair within the Government Enforcement and Corporate Compliance Committee).
I developed and serve as Editor-in-Chief of an annually supplemented pharmaceutical law treatise published by BNA in 2007 and have authored several chapters in other pubished books and dozens of published articles.
Since the late 1980's, I have been Board Certified in Criminal Law by the Texas Board of Legal Specialization and the National Board of Trial Advocacy.
Selected To
Texas Super Lawyers 2011
Texas Super Lawyers 2010
Texas Super Lawyers 2009
Texas Super Lawyers 2008
Texas Super Lawyers 2007
International Locations
Countries: Mexico, Singapore, United Kingdom, Vietnam
About Michael Clark
Admitted: 1982, Texas
Professional Webpage: www.duanemorris.com/attorneys/michaeleclark.html
Honors and Awards:
- LL.M. (Taxation), University of Houston Law Center, 1996
- Attorney General's Director's Award, U.S. Department of Justice, 1996
- LL.M. (Health Law), University of Houston Law Center, 2000
- Fellow, American Bar Foundation, 2005
- NITA Faculty, National Institute of Trial Advocacy, 2006
- Houston's Top Lawyers for 2008 (White Collar Defense), H Texas Magazine, 2008
- FIVE STAR: Best in Client Satisfaction Wealth Manager(SM) for 2009 (Houston Region), FIVE STAR, 2009
- Houston's Top Lawyers for 2009 (White Collar Defense), H Texas Magazine, 2009
- Houston's Top Lawyers for 2010 (White Collar Defense), H Texas Magazine, 2010
- 2012 Top Rated Lawyers Guide to Health Care Law, Corporate Counsel magazine, 2012
Special Licenses/Certifications:
- Board Certified, Criminal Law Specialist, Texas Board of Legal Specialization, 1988
- Board Certified, Criminal Trial Advocate, National Board of Trial Advocacy, 1989
Bar/Professional Activity:
- Chair, White Collar Crimes Committee, ABA Section of Business Law, 2005
- Chair, Executive Publications Committee, ABA Health Law Section, 2005
- Advisory Board, University of Houston Law Center, Criminal Justice Institute, 2005
- Co-chair, South Texas Region, White Collar Crimes Committee, ABA Criminal Justice Section, 2007
- Member, Standing Committee on Publishing Oversight, American Bar Association, 2007
- Governing Council, ABA Health Law Section, 2007
- Financial Subcommittee Chair, Government Enforcement and Corporate Compliance Committee; Public Relations Contact, DRI, 2008
- Co-chair, Internal Investigations Subcommittee, Corporate Compliance Committee, ABA Section of Business Law, 2009
Pro bono/Community Service:
- Adjunct Faculty, University of Houston Law Center, Intersession Course: Taking and Defending Depositions, 2008
Scholarly Lectures and Writings:
- Author, A Prosecutor's Postmortem: How Two Companies Fared as Criminal Targets, ALM's Corporate Counsellor, 1996
- Panelist, Everything You Always Wanted to Know about Law Enforcement but Were Afraid to Ask, National Health Care Anti-Fraud Association (Annual Meeting), 1996
- Panelist, DOJ's Bankruptcy Fraud Initiative, Parallel Procedures and Forfeiture Issues, National Association of Attorney Generals (Annual Meeting), 1996
- Panelist, Crime and Medicine: What Health Care Providers Never Learned in School, and What You Need to Teach Them, ABA Business Law Section, Annual Meeting, 1997
- Panel Moderator, Federal Sentencing Law: A Guide to the Guidelines, Federal Sentencing Law (State Bar of Texas / U.S. Sentencing Commission), 1997
- Presenter, Swimming in Stark-infested Waters while Focusing on Practicing Good Medicine, Texas Society of Internal Medicine & Texas Academy Chapter of American College of Physicians (Annual Meeting), 1998
- Panelist, Crime and Medicine: Today and Tomorrow, ABA Business Law Section, Annual Meeting, 1998
- Author, Nothing to Hyde? The Flood of Wrongful Recovery Suits has not Materialized, Criminal Justice, 1999
- Panelist, Using the Internet in Health Law Practice, Annual Conference (State Bar of Texas), Practical Computing Course, 1999
- Panelist, Crime and the Business Lawyer: The Loss of Innocence - How to Avoid Indictment in Kansas City and Elsewhere, ABA Business Law Section, Annual Meeting, 1999
- Panel Moderator, Grand Jury Investigations, ABA's 9th Annual National Institute on Health Care Fraud, 1999
- Panelist, Understanding the Characteristics of Global Crime, International Summit on Cyber Crimes, 2001
- Panelist, Criminal Enforcement Steps into the Boardroom (An ABA Presidential Showcase Program), ABA Business Law Section, Annual Meeting, 2001
- Moderator, Fundamentals of White Collar Crime and Practice, ABA's 12th Annual National Institute on Health Care Fraud, 2002
- Panelist, Keeping the Government Outside the Boardroom, ABA Business Law Section, ABA Annual Meeting, 2002
- Author, Clinical Research and the False Claims Act: The Next Wave of Enforcement Emphasis?, BNA's Medical Research Law & Policy, 2002
- Author, Science Panels and Improving how Courts Address Expert Evidence: Seeing Both Sides, ALM's Medical Malpractice Law & Strategy, Health Care, 2002
- Whether the False Claims Act is a Proper Legal Tool for the Government to use for Improving the Quality of Care in Long-Term Care Facilities, The Health Lawyer, 2002
- Moderator, Fundamentals of White Collar Crime and Practice, ABA's 13th Annual National Institute on Health Care Fraud, 2003
- Moderator, Criminal Securities Enforcement in the New Era: Simple Designs to Use for Living Well in Today's Environment, ABA Business Law Section, ABA Annual Meeting, 2003
- Chapter Author, Legal Issues in Clinical Trials, 2003 HEALTH LAW and COMPLIANCE UPDATE (Aspen Publishers), 2003
- Author, Steering a Course Between Antitrust and Patent Laws: Generic Drugs and Patent Fraud, BNA's Pharmaceutical & Medical Device Law Bulletin, 2003
- Panel Moderator, Sarbanes-Oxley: The First Eight Months, ABA Section of Business Law's Spring Meeting, 2003
- Panelist, Implications of the Sarbanes-Oxley Act for Internal Investigations, Corporate Compliance, and Covenants not to Compete, Institute for Law & Technology's 41st Annual Program on Intellectual Property Law, 2003
- Moderator, Trends in the Use of the False Claims Act Against the Healthcare Industry - Innovative Theories or Overreaching?, ABA Health Law Section's Fifth Annual Conference on Emerging Issues in Healthcare Law, 2004
- Moderator, A 12-Step Program for Effective Corporate Compliance and Corporate Governance in the Post-Sarbanes-Oxley World, ABA Section of Business Law, Spring Meeting, 2004
- Panelist, Protecting the Company During Securities Investigations, ACI's The Corporate Counsel's Guide to Internal and External Investigations, 2004
- Moderator, Federal Sentencing Guidelines and Criminal and Civil Damages, ABA's 14th Annual National Institute on Health Care Fraud, 2004
- Author, Prosecuting Energy Trading Fraud Under the CEA, Business Crimes Bulletin, 2004
- Author, Hamstrung or Properly Calibrated: Federalism and the Appropriate Role of Government in the Post-Sarbanes-Oxley World, International Journal of Disclosure and Governance, 2004
- Panelist, Placing Bankers on the Front Line, The 22nd Cambridge International Symposium on Economic Crime, 2004
- Panelist, Liability of Accountants: The Aftermath of Enron, The 22nd Cambridge International Symposium on Economic Crime, 2004
- Moderator, Handling Complex Litigation Involving the Healthcare Industry, ABA Health Law Section's Sixth Annual Conference on Emerging Issues in Healthcare Law, 2005
- Panelist, Regulatory Inquiries: Is There an Alternative to Cooperation?, ABA Section of Business Law, ABA Annual Meeting, 2005
- Chapter Author, 2005 HEALTH LAW and COMPLIANCE UPDATE (Aspen Publishers), 2005
- Institute Chair, Internal Investigations, CLE International's Internal Investigations Seminar, 2005
- Chapter Author, Antitrust and Managed Care, MANAGED CARE LITIGATION (BNA/ABA Health Law Section), 2005
- Author, Daubert Motions in Business Crimes Cases, Business Crimes Bulletin, 2005
- Author, The New Advisory Role of Federal Sentencing Guidelines after Booker-FanFan, CCH Health Care Compliance Letter, 2005
- Author, Statements During Negotiations as Evidence in a Criminal Trial, Business Crimes Bulletin, 2005
- Panelist, The Erosion of Attorney-Client Privilege: Is there Anything Left to Protect?, ACI's 3rd Annual Corporate Counsel's Guide to Conducting and Managing Internal & External Investigations, 2005
- Panelist, Managing Complex Litigation, ABA & AHLA's Antitrust in Healthcare Seminar, 2005
- Co-author, Corporate Cooperation in the Face of Investigations, The Health Lawyer, 2005
- Member, Institute Planning Committee / Moderator, Internal Investigations, ABA's First National Securities Fraud Institute, 2006
- Moderator, Managing Parallel Proceedings in Securities Investigations, ABA Section of Business Law, Spring Meeting, 2006
- Chapter Author, 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
- Author, Stock Option Trading-Where Were the Lawyers and Auditors?, Business Crimes Bulletin, 2006
- Author, A Step Forward in Recognition of Compliance Efforts: The SEC’s January 2006 Statement Concerning Financial Penalties, CCH Health Care Compliance Letter, 2006
- Author, Patient Euthanasia After Hurricane Katrina -- The Government's Role, The Health Lawyer, 2006
- Presenter, Current Update & Critical Developments in Anti-Fraud & Abuse/Stark & Physician Ventures, Virginia Bar Association's Second Annual Virginia Health Care Practitioners' Roundtable, 2006
- Editor-in-Chief, Pharmaceutical Law: Regulation of Research, Development, and Marketing, 2007
- Member, Institute Planning Committee / Moderator, Perspective and Proportion: Keeping Civil and Regulatory Matters out of Criminal Court, ABA's Second Annual National Securities Fraud Conference, 2007
- Moderator, Foreign Corrupt Practice Act Issues in Emerging Markets: How to Evaluate and Minimize the Risks, ABA Section of Business Law, ABA Annual Meeting, 2007
- Chapter Author, Antitrust and Intellectual Law Issues for Pharmaceutical Companies, PHARMACEUTICAL LAW: REGULATION OF RESEARCH, DEVELOPMENT, AND MARKETING, 2007
- Chapter Author, Securities Law Issues and Disclosure Considerations for Pharmaceutical Companies, PHARMACEUTICAL LAW: REGULATION OF RESEARCH, DEVELOPMENT, AND MARKETING, 2007
- Author, Complying with The FCPA in Emerging Markets after SOX, Business Crimes Bulletin, 2007
- Author, Evaluating and Minimizing the Research Misconduct Risks, CCH Health Care Compliance Letter, 2007
- Panelist, Trade Secrets and Confidential Business Information, ABA's First National Institute on Computing and the Law, 2007
- Panelist, Ugh!, The Investigation Reveals Misconduct: Advice, Ethical Considerations, Revelations and Pearls of Wisdom to Corporate Counsel on Next Steps (and Missteps!), ABA Section of Business Law, 2008
- Panelist, Foreign Corrupt Practices Act: Evaluating and Minimizing the FCPA Risks When Conducting Business in Emerging Markets, 2008
- Panelist, Subprime Markets and Theories of Liability, White Collar Practice for the Business Lawyer and In-House Counsel Conference, South Texas College of Law, 2008
- Panelist, Battling Health Care Fraud: Criminal and Civil Perspectives, West Legal Works, 2008
- Author, Health Care Fraud Redux, Business Crimes Bulletin, 2008
- Panelist, Regulatory and Criminal Investigations of the Subprime Mortgage Meltdown, ABA Section of Business Law, White Collar Crimes Committee, 2008
- Author, Evaluating and Minimizing the FCPA Risks when Conducting Business in Emerging Markets, The Practical Lawyer, ALI-ABA (April 2008), 2008
- Speaker, Webinar: Pharmaceutical Payments and Generic Competition: Recent FTC Litigation and What Can be Done to Avoid Liability?, BNA LegalEdge, Life Sciences, 2008
- Panelist, Webinar: Federal Sentencing Update After Kimbrough vs. The US, ALI-ABA; State Bar of Texas, 2008
- Author, Bribes, Creative Accounting Don't Cut It in International Business, Houston Business Journal, 2008
- Author, Health Care Fraud Redux, Business Crimes Bulletin, 2008
- Panelist (ABA Presidential Showcase panel) , Government Litigators: How Far Must They Go to Seek Justice, ABA Annual Meeting, 2009
- Moderator, Aftermath of the Financial Meltdown - Analyzing Future Litigation and Compliance Issues, ABA Section of Business Law, 2009
- Co-chair, ABA National Institute on Internal Corporate Investigations and In-House Counsel, ABA, 2009
- Panelist, To Disclose or not to Disclose: An Analysis of the New CMS Voluntary Self-Disclosure Protocol, ABA Section of Health Law, Life Sciences, 2010
- Speaker, Podcast: Michael E. Clark of Duane Morris Discusses the Whistleblower Provisions of the Dodd-Frank Act, LexisNexis, a division of Reed Elsevier Inc., Securities, 2010
- Co-chair, ABA National Institute on Internal Investigations and Forum for In-House Counsel, ABA, 2010
- Panelist, How Will Investigations and Lawsuits Arising Under the Qui Tam Provisions of the False Claims Act Affect You and Your Company?, ABA Section of Health Law, 11th Annual Conference on Emerging Issues in Healthcare Law, 2010
- Co-author, Internal Investigations and Other Tools, ALI-ABA Practical Litigator, 2011
- Co-author, Insights Into the SEC's Whistleblower Program, The Review of Securities & Commodities Regulation, 2011
- Co-author, SEC adopts final rules on Dodd-Frank Whistleblower Program, Journal of Investment Compliance, Securities; Commodities, 2011
- Author, The Dodd-Frank Act's Bounty Hunter Provisions, The Review of Securities & Commodities Regulation, 2011
- Panelist, 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, 2011
- Author, Legal Backgrounder: What is a "Foreign Official"? Vague Term Complicates Corrupt Practices Act Compliance, Washington Legal Foundation, 2011
Other Outstanding Achievements:
- Adjunct Professor, Food and Drug Law; Antitrust & Health Law, Health Law & Policy Institute, University of Houston Law Center; Adjunct Professor, Civil Trial Advocacy; Criminal Trial Advocacy, University of Houston Law Center; Faculty, NITA Southern Regional Program (SMU); Faculty, NITA Deposition Program (University of Houston Law Center)
- Faculty, NITA Advanced Deposition Institute, 2010
Newsletters:
- The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("the Act") begins sweeping reform for the U.S. financial system. It requires new and existing regulatory agencies to undertake more than 50 studies of the financial system and more than 250 instances of rulemaking. The Act includes "bounty hunter" provisions to increase the voluntary reporting of securities and commodities violations. The U.S. Congress did so by significantly enhancing whistleblower rewards and protections. These provisions pose new and substantial challenges to publicly traded companies – including heightened Foreign Corrupt Practices Act (FCPA) risks and likely costly compliance burdens., "U.S. Financial Reform: New Whistleblower Incentives and Protections, and More Enforcement Expected," Duane Morris Alert, August 24, 2010 , Securities
Educational Background:
- BA (English) (University of Texas, Arlington), 1979
- JD (South Texas College of Law), 1982
- LL.M. (Taxation) University of Houston Law Center, 1996
- LL.M. (Health Law) University of Houston Law Center, 2000
Whistleblower Risks Just Increased: What to Watch Out For
This advertorial in Modern Healthcare provides a summary of the new and expanded whistleblower provisions authorized by Congress in the Dodd-Frank Act related to SEC and CFTC whistleblowers, the bounties they may receive for providing original information about securities and commodities violations, and the likely impact this will have on companies' ongoing compliance activities as well as additional litigation, civil and criminal.
Industry Group(s): Life Sciences
New Whistleblower Incentives and Protections, and More Enforcement Expected.
This firm alert addresses the new and expanded SEC and CFTC whistleblower provisions, and related measures, authorized by Congress in the Dodd-Frank Act, along with some open issues and likely consequences from these new measures
he Responsible Corporate Officer Doctrine (The Crime of Doing Nothing)
This paper submitted for a presentation in October 2011 at the New York State Bar Association's Fourth Corporate Counsel Institute addresses how the Responsible Corporate Officer Doctrine is being used by various agencies in administrative, civil, and criminal cases, along with some recent and provocative examples of how it has been wielded against executives in the Health Law area
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