Cal’s broad litigation and investigation practice encompasses white collar criminal matters, corporate and commercial civil litigation, internal investigations, and health care litigation.
Cal is an experienced civil, white collar criminal, and RICO litigator. His broad practice primarily involves representing clients in complex civil lawsuits and in RICO litigation, as well as in white collar criminal matters and government investigations.
Cal’s background and experience as both a criminal and civil litigator make him uniquely qualified to handle litigation (civil or criminal) involving the Racketeer Influenced and Corrupt Organizations Act (RICO). Cal has extensive experience defending individuals and businesses across a broad spectrum of industries who have been accused of either criminal or civil RICO violations. He has successfully defended and tried RICO cases that allege all manner of racketeering activity, including mail fraud, fraud wire, money laundering, embezzlement, homicide, and violations of the Controlled Substances Act. Cal currently hosts the “RICO Report,” a podcast series devoted entirely to the RICO Act.
In addition to his work defending clients in RICO cases, Cal is also experienced as a commercial and civil litigator in more traditional fraud, contract, and business tort cases, particularly those that include a regulatory or government enforcement component. For example, Cal frequently defends clients in the health care, life sciences, and other highly regulated industries in civil litigation alleging unsafe conditions or other violations of state and federal regulations. These cases frequently take the form of whistleblower actions, civil qui tam lawsuits, or, as noted above, civil RICO cases alleging mail/wire fraud. Cal is also experienced representing doctors and other health care providers in disputes involving medical staff bylaws, peer review and physician discipline hearings, utilization review management issues, and research fraud.
In his white collar criminal practice, Cal defends businesses and individuals in government investigations conducted by state and federal prosecutors and other government agencies. In the health care and life sciences industries, Cal regularly represents medical providers, hospitals, nursing homes and other long-term care facilities, pharmacists and pharmacies (including compounding pharmacies), laboratory and research facilities, and pharmaceutical and medical device companies facing government investigations or enforcement actions involving the False Claims Act (FCA), the Anti-Kickback Statute, the Stark Law, other health care fraud and abuse laws, the Food Drug and Cosmetic Act (FDCA), drug diversion laws, public nuisance claims, and unfair and deceptive marketing suits. Outside of the health care and life sciences industries, Cal handles FCA and other fraud cases for individual and corporate clients operating in the construction, technology, government contracting, and higher education spaces. Cal was also a part of the firm’s COVID-19 task force, and he advises and represents clients in matters involving Paycheck Protection Program (PPP) loans and loan forgiveness, including defending companies against government allegations of PPP loan improprieties.
A large part of Cal’s white collar practice also includes working proactively with his clients to preempt compliance issues and avoid government investigations and enforcement actions altogether. Cal advises clients on developing and implementing risk mitigation strategies such as enforcing, updating, and enhancing corporate compliance programs, and he regularly conducts internal investigations of complaints and other issues that are raised internally to prevent them from ripening into government investigations or whistleblower allegations. When conducting internal investigations, Cal guides clients through the investigative process, using his in-depth knowledge of methods used by prosecutors and regulators when approaching such cases, to investigate allegations and advise clients on possible remediation strategies for even the most complex and sensitive issues.
Cal has also developed expertise in the new and ever-changing area of the law involving intercollegiate athletics Name, Image, and Likeness (NIL) rights and compliance. Cal advises clients on NIL compliance matters and on devising and implementing tailored strategies for mitigating the risk of NCAA or state Attorney General enforcement activity in that space. Cal hosts the “Highway to NIL” podcast that discusses the legal landscape and developments in the area of NIL law.