Michael E. Clark

Michael E. Clark

Duane Morris LLP
  • Business Law, Health Care Law, White Collar Crime...
  • Texas
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Summary

Experienced litigator, part-time academic, and author. Listed by SuperLawyers and Best Lawyers, among other ranking services. Past Chair of ABA Health Law Section and Past Chair of White Collar Crimes Committee in ABA Business Law Section. Experience includes 100+ cases as lead trial counsel, numerous appeals, and teaching trial skills to lawyers and students as an Adjunct Professor of Law and a faculty instructor for the National Institute of Trial Advocacy. As an Adjunct Professor of Law at the University of Houston Law Center I've taught Trial Advocacy, Food & Drug Law, and Antitrust & Health Law. As an Adjunct Professor for the College of Pharmacy at the University of Florida, I've taught pharmaceutical fraud and abuse to Masters level pharmacy students. I hold LL.M. degrees (Tax and Health Law) and since the late 1980s, have been Board Certified in Criminal Law by the Texas Board of Legal Specialization and the National Board of Trial Advocacy. I have spoken nationally (and internationally), and have written about issues in antitrust, compliance and governance, cybersecurity, health law, pharmaceutical law, securities law (including the FCPA), and white collar defense. I developed and serve as Editor-in-Chief of an annually-supplemented pharmaceutical and medical law treatise (BNA, second ed. 2015), have written several book chapters, and have had dozens of articles published. I'm also a trained arbitrator in health law and have been retained as an expert witness in health law cases.

Education
University of Houston - Main Campus
LL.M | (Health Law)
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University of Houston - Main Campus
LL.M | Taxation
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University of Houston - Main Campus Logo
South Texas College of Law
J.D | Law
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University of Texas - Arlington
B.A | English
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Professional Experience
Special Counsel
Duane Morris LLP
- Current
I am part of Duane Morris' Trial Practice and Healthcare Practice Groups where, in addition to business litigation, I handle matters involving health care law and white collar defense in such areas as securities and financial fraud, corporate compliance and governance, and corporate internal investigations.
Partner
Hamel Bowers & Clark LLP
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Partner
Gardere Wynne Sewell LLP
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I worked in the firm's white collar and health law practice groups, where I handled a variety of civil and white collar defense matters
Chief, Criminal Division & Assistant U.S. Attorney
U.S. Attorney's Offfice, Southern District of Texas
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During my last four years as a federal prosecutor, I was the Chief of the Criminal Division for the U.S. Attorney's Office in the Southern District of Texas, and managed around 50 federal prosecutors, maintained an active caseload, and regularly met with senior federal enforcement agency contacts to coordinate case development and priorities. Before being selected for this position, I served as a chief of the Financial Fraud Division during the Savings & Loan Crisis period. Before that, I served as a prosecutor handling a wide variety of federal cases and tried many cases.
Assistant District Attorney
Galveston County District Attorney's Office
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In this position, I moved through the ranks from being a misdemeanor prosecutor, to being the Chief of the Family Law Section, and then being a felony prosecutor -- during which time I tried dozens of cases and handled an extensive number of appeals. I also was cross-designated as a Special Assistant U.S. Attorney near the end of my tenure in this position, which led me to seek employment with the U.S. Attorney's Office.
Publications
Articles & Publications
Insights Into the SEC's Whistleblower Program
The Review of Securities & Commodities Regulation
Internal Investigations and Other Tools
The Practical Litigator (ALI-ABA)
SEC adopts final rules on Dodd-Frank Whistleblower Program
Journal of Investment Compliance
The Dodd-Frank Act's Bounty Hunter Provisions
The Review of Securities & Commodities Regulation
WHAT IS A “FOREIGN OFFICIAL”?: VAGUE TERM COMPLICATES CORRUPT PRACTICES ACT COMPLIANCE
Washington Legal Foundation
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
Health Care Fraud Redux
Business Crimes Bulletin
Drug Compounding Activities: Another Risk Area for Compliance
CCH Health Care Compliance Letter
Evaluating and Minimizing the FCPA Risks when Conducting Business in Emerging Markets
The Practical Lawyer (ALI-ABA)
Bribes, Creative Accounting Don't Cut It in International Business
Houston Business Journal
Complying with The FCPA in Emerging Markets after SOX
Business Crimes Bulletin
Antitrust and Intellectual Law Issues for Pharmaceutical Companies
BNA & ABA Section of Health Law
Federal Regulation of Advertising
BNA and ABA Section of Health Law
Pharmaceutical Law: Regulation of Research, Development, and Marketing
BNA & the ABA Section of Health Law
Securities Law Issues and Disclosure Considerations for Pharmaceutical Companies
BNA & ABA Section of Health Law
Evaluating and Minimizing the Research Misconduct Risks
CCH Health Care Compliance Letter
Patient Euthanasia After Hurricane Katrina -- The Government's Role
The Health Lawyer
Stock Option Trading-Where Were the Lawyers and Auditors?
Business Crimes Bulletin
The Growing Importance of Securities Regulation for Publicly Traded Entities in the Post Sarbanes-Oxley Marketplace
Aspen
A step forward in recognition of compliance efforts: The SEC's January 2006 statement concerning financial penalties
CCH Health Care Compliance Letter
Corporate Cooperation in the Face of Investigations
The Health Lawyer
Daubert Motions in Business Crimes Cases
Business Crimes Bulletin
Statements During Negotiations as Evidence in a Criminal Trial
Business Crimes Bulletin
Antitrust and Managed Care
BNA and ABA Section of Health Law
Current Issues in Healthcare and Antitrust
Aspen
Current Issues in Pharmaceutical Marketing
Aspen
Hamstrung or Properly Calibrated: Federalism and the Appropriate Role of Government in the Post-Sarbanes-Oxley World
International Journal of Disclosure and Governance
Prosecuting Energy Trading Fraud Under the CEA
Business Crimes Bulletin
Legal Issues in Clinical Trials
Aspen
Steering a Course Between Antitrust and Patent Laws: Generic Drugs and Patent Fraud
BNA's Pharmaceutical & Medical Device Law Bulletin
Clinical Research and the False Claims Act: The Next Wave of Enforcement Emphasis?
BNA's Medical Research Law & Policy
Science Panels and Improving how Courts Address Expert Evidence: Seeing Both Sides
Medical Malpractice Law & Strategy
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
Nothing to Hyde? The Flood of Wrongful Recovery Suits has not Materialized
Criminal Justice
Speaking Engagements
A Fraud and Abuse Primer, ACI's 2nd Digestive Health Center Management and Development Conference, Houston, TX
ACI
Post-Escobar Fraud and Abuse Standards of Proof: Is a Liability Tidal Wave Coming, Emerging Issues Conference, New Orleans
ABA Section of Health Law
Anatomy of an Investigation, Physician Legal Issues Conference, Chicago
ABA Section of Health Law
Counterclaims in Qui Tam Cases: Emerging Strategies and Ethical Considerations, webinar
ABA Section of Health Law
Expert Testimony in Health Care Trials, Vail
National CLE Conference
Europe v. U.S. Food, Drug, Device & Tobacco Regulation & Policy: Emerging Issues and Comparative Analysis, Food and Drug Law Institute, Brussels
Food and Drug Law Institute
Certifications
Criminal Law
Texas Board Of Legal Specialization
Criminal Trial Advocate
National Board of Trial Advocacy
Awards
Healthcare Lawyer of the Year, 2019
Corporate LiveWire Global Awards
Healthcare Lawyer of the Year, 2018
Corporate LiveWire Global Awards
Texas SuperLawyers 2018
Superlawyers
Best Lawyers (Health Law)
Best Lawyers
Texas Super Lawyers 2017
Superlawyers
Best Lawyers (Health Law)
Best Lawyers
Texas Super Lawyers 2016
Superlawyers
Fraud & White Collar Crime - Texas
Corporate LiveWire Global Awards 2016
Healthcare Law - Texas, 2016
Corporate LiveWire Global Awards
Best Lawyers (Health Law)
Best Lawyers
Texas Super Lawyers 2015
Superlawyers
Best Lawyers Annual Guide to Health Care Law, 2015
Best Lawyers
Healthcare Law - Texas, 2015
Corporate LiveWire Global Awards
Texas Super Lawyers 2014
Superlawyers
Best Lawyers (Health Law)
Best Lawyers
Texas SuperLawyers 2013
Superlawyers
2012 Top Rated Lawyers Annual Guide to Health Care Law
Corporate Counsel Magazine
Texas SuperLawyers 2012
Superlawyers
Texas Super Lawyers 2011
Superlawyers
Houston's Top Lawyers for 2010
H Texas Magazine
Texas Super Lawyers 2010
Superlawyers
Houston Top Lawyers for 2009
H Texas Magazine
Texas Super Lawyers 2009
Superlawyers
Texas Super Lawyers 2008
Superlawyers
Houston's Top Lawyers for 2008
H Texas Magazine
Texas Super Lawyers 2007
Superlawyers
Fellow
American Bar Foundation
Attorney General's Director's Award
U.S. Department of Justice
Professional Associations
University of Houston Law Center, Criminal Justice Institute
Advisory Board
- Current
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ABA Section of Health Law
Past Chair
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ABA Section of Health Law
Member, Governing Council
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ABA Section of Health Law
Vice Chair
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ABA Section of Health Law
Secretary and Co-chair of Executive Publishing Committee
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ABA Standing Committee on Publishing Oversight
Member
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Activities: I was selected to this ABA-wide position by the President of the ABA
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ABA Section of Criminal Justice
Cochair, South Texas Region, White Collar Crimes Committee
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ABA Section of Business Law
Chair, White Collar Crimes Committee
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Jurisdictions Admitted to Practice
Texas
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5th Circuit
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U.S. Supreme Court
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Fees
  • Rates, Retainers and Additional Information
    Appropriate retainers are required for all new clients.
Practice Areas
  • Business Law
  • Health Care Law
  • White Collar Crime
  • Gov & Administrative Law
  • Appeals & Appellate
  • Arbitration & Mediation
Additional Practice Area
  • Commercial Litigation
Websites & Blogs
Website
Website
Contact & Map
Baker Donelson
Houston, TX, USA
Telephone: (713) 650-9700
Fax: (713) 650-9701