McGrath North's government practice attorneys have a broad range of experience in preventative counseling and representation of clients who are under investigation by federal and state governmental authorities who regulate business activities through civil, administrative and criminal proceedings. Our attorneys have represented clients in internal investigations, corporate compliance matters, rule-making and administrative proceedings, as well as federal and state regulatory investigations and hearings, grand jury investigations, and parallel proceedings.

Government Regulation and Compliance  McGrath North offers representation and counseling to clients with issues and investigations before federal and state regulatory agencies. Our lawyers have experience, insight and credibility to advocate and assist clients facing enforcement initiatives and investigations. Our practice coincides with areas which are the subject of current focus by federal and state agencies. Recent matters involved clients in agribusiness, energy, environmental, commodities, anti-trust and securities regulation and compliance.

Representative Projects

• Represented clients in FTC investigations (both in the U.S. and abroad) involving various claims and issues.
• Counseled clients in investigations conducted by the DOJ as well as virtually all of the DOJ antitrust field offices throughout the United States.
• Represented individuals and entities in connection with administrative, civil, and criminal investigations before the EPA and in state and federal courts.
• Handled cases involving virtually every major environmental regulation, including but not limited to, the Clean Water Act and the Resource Conservation Recovery Act (RCRA).
• Represented national and local clients in SEC and DOJ investigations involving accounting issues and fraud.
• Directed and supervised collaborative client efforts to respond to numerous governmental inquiries related to accounting and business practices.
• Represented various investors in connection with allegations of insider trading by the SEC.
• Advised brokers in connection with licensure investigations by the Nebraska Department of Banking and Finance.
• Represented various telecom companies in connection with regulatory issues before the Nebraska Public Service Commission and in other administrative and civil proceedings. 

Government Defense Litigation  McGrath North defends clients in actions brought by a variety of government agencies in administrative tribunals and courts. This area of practice includes matters relating to the SEC, the FTC, the CFTC, the EPA, the USDA, the FDA, HHS and their state counterparts.

Representative Projects

• Represented clients before the Food and Drug Administration on a variety of issues, including labeling and safety concerns.
• Coordinated and counseled on FTC rule making issues as well as substantive FTC issues involving antitrust and price fixing.
• Represented numerous individuals and entities in health care fraud investigations at both the state and federal level.
• Handled cases specifically involving re-coding, up-coding, Anti-Kickback/Stark-related issues, off-label, HIPAA, Medicare, and Medicaid over-billing investigations.
• Advised numerous clients in administrative, civil, and criminal investigations involving statutes under the jurisdiction of the United States Department of Agriculture.
• Handled numerous matters involving allegations of fraud in government programs, potential violations of the Federal Meat Inspection Act and potential violations of the Federal Poultry Inspection Act.
• Represented clients with respect to national and international labeling issues to assure compliance with USDA regulations.
• Many of the above representations have resulted in negotiated NPA’s (non-prosecution agreements) or DPA’s (deferred prosecution agreements) in lieu of criminal proceedings.
• Represented individuals and entities in actions brought under the Civil False Claims Act involving allegations of both false claims and reverse false claims.
  

White Collar Criminal Defense  We assist clients in defending against the expanding risk of corporate criminal liability and addressing its impact on the conduct of corporate affairs. Our lawyers also have experience conducting internal inquiries of matters that may lead to potential criminal or civil liability, as well as representing clients in parallel proceedings with administrative agencies and in federal and state court.

Representative Projects

• Represented various individuals and entities in a myriad of investigations involving virtually every federal governmental, regulatory, and enforcement agency throughout the United States,  including numerous banking investigations involving administrative, civil,  and criminal claims, and directors and officers of banking institutions in various administrative proceedings and criminal investigations.
• Represented institutions and practitioners in healthcare investigations for more than 25 years, including physicians,  dentists, pharmacists, nurses, and daycare providers with issues ranging from state licensure to federal criminal violations.  Many of these investigations have developed into parallel proceedings involving civil, administrative, and criminal consequences.
• Counseled entities and individuals at all stages of criminal tax investigations from civil audit to criminal disposition, involving violations ranging from failure to file, tax evasion, and “illegal” tax shelters.  Most of these investigations have developed into parallel proceedings involving administrative and criminal consequences.
• Counseled on a variety of investigations involving merchant banking, regulatory violations (dealing with virtually every Federal agency), postal service inquiries, and suspension and debarment issues under the Federal Acquisition Regulations.