December 5, 2022

SEC Whistleblower Attorneys

Following the corporate and financial scandals of the early 2000’s – think Enron, WorldCom, Bernie Madoff, and the like – Congress in 2010, as part of the Dodd-Frank Act, created the SEC Whistleblower Program as a way to deter financial fraud by empowering ordinary individuals to come forward with original information of violations of securities law violations, and rewarding them with financial compensation in the process.

Since 2011, the SEC Whistleblower Program has paid out over $1 billion in compensation to individuals who have acted as whistleblowers in providing information to the SEC that led to successful SEC enforcement actions. While oftentimes a whistleblower is an employee of an organization where financial wrongdoing has taken place, even an outsider with evidence of wrongdoing may be eligible for compensation under the program.

It is important to work with experienced whistleblower counsel in bringing forward information leading to a successful SEC whistleblower reward, in order to best develop and present your information to the SEC, while protecting yourself from retaliation and other collateral consequences in the process, and the experienced attorneys of Zweiback, Fiset, and Zalduendo have the skills necessary to guide you through each step of the process in pursuing your SEC whistleblower action.

SEC Whistleblower Reward Program

A whistleblower who provides information to the SEC leading to a successful enforcement action leading to monetary sanctions exceeding $1 million is eligible to receive an award of between 10 and 30 percent of the monetary sanctions imposed in such an action. Past SEC enforcement actions have led to whistleblower rewards in the amounts of $114 million, $110 million, and $50 million, respectively.

In determining what percentage of the monetary sanctions should be rewarded to the whistleblower, the SEC uses the following criteria:

  • The significance of the information provided by the whistleblower to the success of the enforcement action
  • The degree of assistance provided by the whistleblower and any legal representative of the whistleblower in an enforcement action
  • The interest of the SEC in deterring violations of securities laws by making awards to whistleblowers who provide information that lead to the successful enforcement of such laws; and
  • Any such additional relevant factors that the SEC may establish by rule or regulation.

SEC Whistleblower Lawyers’ Tips to Qualify for an SEC Whistleblower Award

Again, it is not necessary for a whistleblower to actually have been employed by a company engaged in wrongdoing, although many whistleblowers are indeed such employees. To be a successful whistleblower, you must provide the SEC with information in writing that relates to a possible violation of federal securities laws that has occurred, is ongoing, or is about to occur, and that information should be significant enough that it may eventually lead to the imposition of monetary sanctions of over $1 million.

In the SEC’s own words, “the more specific, credible, and timely a whistleblower tip, the more likely it is that the tip will be forwarded to investigative staff for further follow-up or investigation.” The SEC encourages whistleblowers to provide information that “identifies individuals involved in the scheme, provides examples of particular fraudulent transactions, or points to non-public materials evidencing the fraud.”

Any violation of federal securities laws may form the basis of a successful whistleblower tip, and the SEC is particularly interested in evidence of wrongdoing related to:

  • Ponzi schemes, pyramid schemes, or high-yield investment programs
  • Theft or misappropriation of funds or securities
  • Manipulation of a security’s price or volume
  • Insider trading
  • Fraudulent or unregistered securities offerings
  • False or misleading statements about a company
  • Abusive naked short selling
  • Bribery of foreign officials (Foreign Corrupt Practices Act or “FCPA” violations)
  • Fraudulent conduct associated with municipal securities transactions or public pension plans
  • Initial coin offerings (ICOs) and cryptocurrencies

A person may submit a tip to the SEC Whistleblower Program anonymously, but that person must be represented by legal counsel to be eligible for a financial reward.

SEC Whistleblower Protection Against Retaliation

Many potential whistleblowers are justifiably concerned about retaliation they might endure as a result of exposing wrongdoing. After all, it is not unthinkable that those who violate federal securities laws to enrich themselves might take unjustified actions against those who threaten to bring their illegal action to light.

The SEC whistleblower program, however, includes specific prohibitions against retaliation. Pursuant to federal law, no employer may – either directly or indirectly – discharge, demote, suspend, threaten, harass, or in any other manner discriminate against a whistleblower because of the lawful acts of a whistleblower in providing information to the SEC in pursuing a whistleblower action.

If an employer is found to have wrongfully retaliated against an employee in pursuing a whistleblower action, the employee can obtain: 1) reinstatement in their prior position; 2) 2 times the amount of back pay otherwise owed to the employee; and 3) compensation for litigation costs and attorney’s fees.

In addition to the above protections, SEC regulations prohibit any person from taking any action to prevent a whistleblower – whether that whistleblower is an employee of the potentially offending entity or not – from communicating with the SEC about a possible securities law violation, and any person who does act to prevent a person from reporting is subject to an SEC enforcement action for having done so. Said SEC regulations also prevent any person from inducing another to sign an agreement indicating they will not report securities law violations to the federal government.

Benefits of Retaining an Effective SEC Whistleblower Attorney

In general, potential SEC whistleblowers are strongly encouraged to work with experienced legal counsel in developing and providing whistleblower tips to the SEC in order to maximize their opportunity to obtain a significant financial reward and to properly protect themselves against retaliation.

If you have information that you believe may form the basis of an SEC Whistleblower Reward Program submission, contact our office today to schedule a confidential consultation with one of our experienced SEC Whistleblower attorneys.

August 30, 2022

Whistleblower Claims

There is a long history in our country of courageous whistleblowers bringing attention to corporate and organizational wrongdoing – wrongdoing which often benefits a select few at the expense of all taxpayers as a whole. Whistleblowing, while courageous and important, can also be challenging, and those who do take decisive action to bring to light widespread corruption and other types of wrongdoing can face reputational and financial risks, particularly when not properly guided through the whistleblowing process. 

At the same time, whistleblowers can reap great financial rewards, particularly in the context of proceeding with whistleblowing claims under state and federal False Claims Act (FCA) statutes or federal securities law whistleblower statutes. A properly represented whistleblower pursuing claims under such statutes may in fact be able to obtain millions of dollars in financial rewards in some cases, although the route to doing so is often complex, and thus it is important to work with experienced counsel in doing so. 

Why Whistleblowers Matter

In the context of FCA and securities law whistleblower claims, those who come forward with valuable information regarding wrongdoing are providing an important and necessary service to their fellow Americans and to those directly impacted by the wrongdoing. Oftentimes, fraudulent behavior which victimizes taxpayers and investors can go completely unnoticed – even though the negative consequences of those victimized are very real – unless someone with inside knowledge of the fraud comes forward to bring it to light. Whistleblowing not only protects taxpayers and investors, but it also prevents healthy competition by preventing those who take illegal actions to enrich themselves from getting ahead in the market while honest market players struggle to compete. 

FCA Whistleblower Rewards 

The False Claims Act (or FCA) was enacted by the federal government during the Civil War as a response to unscrupulous providers of supplies to the Union forces. The FCA in essence makes it illegal to, among other things, bill the federal government for subpar, misclassified, unnecessary, or nonexistent goods or services. Today, most claims for FCA violations are brought in the context of fraudulent Medicare/Medicaid billing (i.e. upcoding services, or billing the government for medical procedures, devices, or prescriptions that were not necessary or were never provided) or in the field of military defense procurement. Additionally, FCA claims can be brought where a company or individual has illegally avoided paying the government what is properly due, such as in the area of customs fraud. 

What separates the FCA from many other criminal and civil statutes is that it essentially deputizes ordinary citizen whistleblowers who have knowledge of such fraudulent practices to pursue a claim against an offender through a private lawsuit. Once an FCA claim is filed, the federal government then has the option of joining the lawsuit. If the lawsuit is successful and/or the defendant enters into a settlement agreement, the whistleblower can then receive a reward that is a portion of the penalties imposed, typically between 15% and 30%. In many cases, a private whistleblower – who could be a CEO or a data entry clerk or simply an outsider privy to information of wrongdoing – can receive millions of dollars of compensation for their services. 

SEC Whistleblower Rewards

More recently, the Securities and Exchange Commission has adopted its own whistleblower program as part of the Sarbanes-Oxley Act reforms set in place in 2010 following a decade of corporate scandals and the recession of 2008-2009. Pursuant to the SEC Whistleblower Reward Program, a whistleblower with knowledge of violations of federal securities laws can anonymously submit information to the SEC via their attorney. Such information could relate to securities law violations such as insider trading, cryptocurrency fraud, Ponzi schemes, money laundering, improper securities offerings, and FCPA and bribery violations, among others. 

If the information provided to the SEC provides significant assistance to the agency and results in a recovery by the SEC over a certain financial threshold, the whistleblower is then eligible to receive a financial reward totalling between 10% to 30% of the entire recovery. Since the inception of the SEC Whistleblower Reward Program, the program has paid out over $1 billion to whistleblowers with some rewards totalling over $100 million apiece. 

Protect Your Interests By Working With Experienced Whistleblower Counsel

It is important to note that numerous state and federal laws provide protection from retaliation by employers and others for engaging in the protected acts of properly relating information regarding the violation of the FCA and securities laws to the federal government as part of an FCA claim or submission of information to the SEC. It is thus important to work with legal counsel who has the experience to not only assist you in compiling and submitting your information in pursuit of obtaining the largest whistleblower reward possible – while at the same time protecting victims of fraud and promoting fair market competition – but who also has the experience to protect you from retaliation and obtain justice if retaliation does occur. If you have information that you believe may form the basis of an FCA claim or SEC Whistleblower Reward Program submission, contact our office today to schedule a consultation with one of our attorneys. 

August 30, 2022

Customs Fraud

Customs Fraud In California

We all know we live in an increasingly flattening world – to quote Thomas Friedman’s 2005 book The World is Flat which examines how our world has become a global marketplace in which historical and geographical divisions among countries have grown smaller over time – and while there has been a general shift towards free trade policies over the decades, the US government continues to maintain robust laws and enforcement procedures regarding international trade, and the political pendulum may be swinging back towards more protectionist trade policies. 

Many importers are required to pay customs or import duties (also referred to as tariffs) when importing certain types of goods into the United States. While the Department of Commerce sets the custom duty rates, the U.S. Customs and Border Protection (CBP) collects and enforces the payment of such duties, and the Department of Justice – often via the offices of the 93 United Stations Attorneys stationed throughout the country – pursues criminal cases against those businesses and individuals suspected to have violated U.S. custom frauds laws. Such cases can result in millions of dollars of penalties against offending parties as well as prison time. Additionally, private whistleblower plaintiffs may pursue False Claims Act (FCA) lawsuits against those suspected of engaging in customs frauds, with the possibility of recovering substantial whistleblower rewards.

The attorneys of Zweiback, Fiset & Zalduendo have significant experience representing defendants in customs fraud cases, and the skills necessary to guide clients through the often long and complex process of a custom frauds investigation and/or litigation. Furthermore, our attorneys represent both plaintiffs and defendants in FCA qui tam lawsuits related to customs fraud. 

Major Types of Customs Fraud 

Customs duties by and large are put in place by the federal government to combat what is perceived as unfair competition by foreign countries which favor foreign businesses at the expense of domestic businesses who engage in similar business activities. Such unfair competition can include: 

  • Dumping which refers to a situation where a foreign company or industry places products into the US economy at an artificially low price with the purpose or effect of putting American competitors selling those same products at higher prices out of business; and
  • Foreign subsidies which refers to a situation where a foreign government subsidizes a company or industry, such that it makes it difficult for domestic competitors to compete.

Thus, US federal law often refers to customs duties as “antidumping” and “countervailing” duties (or AD/CV duties) as they serve to even the economic playing field for domestic businesses and industries.  

Customs fraud as an umbrella term refers to the illegal practice of attempting to avoid paying such duties in whole or in part. Customs fraud as it is commonly investigated and/or prosecuted by federal authorities can take a number of forms, including but not limited to the following: 

Valuation Fraud

Valuation fraud refers to the fraudulent act of misstating and/or concealing the value of imported goods to the CBP for the purpose of lowering the amount of customs duties to be paid, as customs duties are determined as a percentage of the imported goods’ value. In a recent case pursued by the Department of Justice, the offending entity employed a double-invoicing scheme by which an American apparel company used one set of invoices to pay the Chinese manufacturer of goods it was importing, but created a separate set of invoices reflecting a lower and incorrect value to be submitted to the CBP. The offending entity also created fake invoices for “sample goods” which were not subject to customs duties when in reality the products imported were not sample goods. The CEO of the offending entity was ordered to pay penalties of $1,661,617 and sentenced to six months in prison.   

Country-of-Origin Fraud

Country of origin fraud, also referred to as “transshipment”, refers to a situation where an importer routes goods from the country of origin through a second, intermediate country before importing to the United States in order to avoid customs duties that would apply to the country of origin. As one example, in 2019, a US Company agreed to pay $62.5 million in penalties to settle a customs fraud case for importing 36 shipments of saccharin that was manufactured in China but transshipped through Taiwan in order to avoid a 329% antidumping duty applied to saccharin from China, and thus evading approximately $36 million in antidumping duties. 

Misclassification of Imported Goods

Misclassification of imported goods fraud overlaps with the concept of valuation fraud, in that importers may attempt to lower their customs duties by improperly classifying products as a type of product other than what they actually are in order to obtain a lower customs duty rate, or no customs duty at all. The classification of apparel as “sample goods,” to which no customs duty applies, is one example of this. As another example, in 2016 the Department of Justice pursued a customs fraud case against three US importers who imported small-diameter graphic electrodes from China, but improperly classified the size of the electrodes, as custom duties did not apply to larger type electrodes. The companies each faced criminal and civil penalties and ultimately paid $3 million in fines to resolve the enforcement actions. 

Structuring or splitting shipments

Structuring or splitting fraud occurs where an importer divides shipments of goods into smaller portions in order to avoid customs duties, for example where there is a “de minimus” exception for imports of goods below a certain value, and the importer thus breaks up a larger shipment into several smaller shipments which each fall within the de minimus exception. 

Whistleblowers

Again, allegations of customs fraud can trigger an FCA claim, including one brought by a private plaintiff with or without government involvement in pursuing the FCA claim. While the FCA is commonly associated with fraud by which the federal government is billed for subpar, unnecessary, or non-existent goods and services in the healthcare and military defense procurement industries, FCA claims may also be pursued for customs fraud on the grounds that the federal government is fraudulently not receiving the payment of customs duties owed to it (sometimes referred as a “reverse false claim”). 

A whistleblower in the context of an FCA claim – who could be anyone from a manager of an importer aware of customs fraud to an individual involved in the actual shipping of goods to even a non-associated outsider with knowledge of customs fraud – stands to receive a financial reward of between 15%-30% of the financial penalties imposed on an entity found to have violated the FCA. Our attorneys work with whistleblowers who have knowledge of customs fraud to pursue FCA claims on their behalf, and our attorneys separately provide robust defense counsel to those individuals and entities who are facing an FCA claim and/or believe such a claim may be imminent.

Experienced Customs Fraud Representation

Our attorneys have the experience necessary to work with clients of all sizes in providing comprehensive defense counsel in defending against federal investigations into alleged customs fraud as well as federal enforcement actions. Our attorneys also serve as plaintiff’s counsel to whistleblowers with knowledge of customs fraud seeking to pursue an FCA claim. Contact us today to schedule a consultation with an attorney to discuss your customs fraud issue. 

August 30, 2022

Internal Investigations

Los Angeles Investigations Attorneys

Conducting an internal investigation of a company or organization is often a key step in responding to a government investigation (or even the threat of such an investigation) or in response to public, shareholder, or management scrutiny over the perception of perceived wrongdoing. A well-executed internal investigation can help a company or an organization better understand the presence of wrongful action (or lack thereof), and move forward in either taking corrective action and/or helping to avoid further negative consequences in the form of a government enforcement action and/or loss of public and shareholder trust. 

The attorneys of Zweiback, Fiset & Zalduendo have the experience necessary to conduct internal investigations on behalf of companies and other institutions of all sizes and across industries that help those institutions reach positive outcomes while mitigating risk. 

What Are Internal Investigations?

Internal investigations conducted by a third-party law firm can take a number of forms in a number of contexts. In the context of white collar defense, an internal investigation might be undertaken for the purposes of sharing certain findings of the internal investigation with the government in pursuit of demonstrating to the government that any potential wrongful actions have been identified and contained, and that appropriate remedial action (i.e., the termination of noncompliant employees and the implementation of procedural safeguards to prevent future violations) have been taken to avoid future issues. 

Alternatively, the purpose of an internal investigation may be solely for gathering internal knowledge on behalf of management, a board of directors, and/or shareholders to determine whether and what wrongful conduct might be occurring in an institution – whether there is a government investigation underway or not – and then taking appropriate responsive action in light of the investigation’s findings, which may include reporting those findings or not. 

In either case, it is imperative for an internal investigation conducted by a third party law firm to be conducted in a thorough and discrete manner by attorneys with the experience and skills necessary to “turn over every stone” while maintaining confidentiality and avoiding unnecessary collateral consequences. 

Common Compliance Issues Necessitating an Internal Investigation

There are any number of potential situations within a business or organization which might necessitate an internal investigation by a third party law firm conducted on behalf of management and/or shareholders, including but not limited to the following:

  • False Claims Act / Procurement Fraud: Violations of the FCA which often involve healthcare fraud or procurement fraud can lead to steep financial penalties and criminal enforcement actions, thus it is important for an organization to understand if such fraud is occurring by employees and/or shareholders and respond accordingly.   
  • Securities Fraud: Potential insider trading and other violations of state and federal securities laws can occur within financial institutions in manners that are not abundantly clear to management, and it is thus critical to take proactive steps to monitor, correct, and report such actions if necessary. 
  • Foreign Corrupt Practices Act and Public Corruption: Many companies face significant legal liability when employees engage in bribery/corruption practices on local, state, federal and international levels (including FCPA violations for bribery of government officials in other countries), and a robust internal investigation is commonly necessitated to identify and appropriately handle such issues.   
  • Sexual Misconduct: While the individual perpetrators of sexual misconduct certainly face the prospect of legal liability, how companies and organizations act to prevent and/or respond to such misconduct involves significant legal liability as well, and it is often necessary for an internal investigation to be part of such a response. 

The Internal Investigations Process and What You Should Expect

A proper internal investigation should be well-planned and well-executed to ensure confidentiality and the minimization of collateral damage while maximizing the ability of the company or organization to obtain necessary information and data. Common steps in an internal investigation include: 

  • Selecting a third-party internal investigator: Third party law firms are often chosen as internal investigators for their experience, reputation, and, critically, their ability to provide confidentiality to the organization via attorney-client privilege. For this reason, prior to bringing in a third party law firm, it is important for internal/general counsel to be present and actively engaged in any preliminary investigative efforts. Often, a General Counsel’s office, the Human Resources department in some cases, and/or a Board of Directors or company management will be involved in initial assessment of a situation and a determination of whether to bring in a third party law firm and the selection of said firm.  
  • Preparing an internal investigation strategy: The third party firm will work with the relevant contacts inside the organization (general counsel, human resources, etc.) to understand what information has come to the surface thus far regarding wrongdoing, and what the proper scope of the investigation should be, as well as what investigative steps need to be taken, as discussed below. 
  • Interviewing relevant individuals: An internal investigation will generally involve interviews of relevant individuals within the organization who may have knowledge of specific actions and processes more generally. Typically, interview outlines will be assembled specific to each individual, and the investigators will conduct the confidential interviews and take notes to be used in assembling findings. Such interviews may or may not involve documents as discussed below.
  • Collecting and examining documents: It may be necessary to collect documents from relevant individuals and departments in conducting interviews and in the accumulation of information generally for the purposes of the investigation. This can range from the request of relevant documents to a more intensive forensic collection and examination of electronic data. 
  • Compiling findings: Interviews and collections of documents (as well as any other investigative steps such as visits to specific locations, consultations with outside experts, etc.) will be used in compiling the findings of the investigation. Typically, this is a rolling process that may involve preliminary findings which are then used to further guide the investigation. 
  • Determining next steps: At the culmination of the investigation – or at any point during the investigation depending upon the context of the situation and the findings that are made – there will be a decision-making process on what the next steps are with respect to the findings, which may involve a number of options such as public disclosure, reporting to a government agency, a determination of corrective action, or a determination that no further steps are needed. 

Contact a Seasoned Internal Investigations Attorney

It is an old but accurate adage that how an organization responds to wrongdoing can be just as important if not more important than the underlying wrongdoing itself. Furthermore, it is often beneficial to an organization to respond to potential wrongdoing within its ranks with what might be considered an overabundance of caution in order to demonstrate that it takes oversight seriously and to prevent future wrongdoing. To schedule a consultation with a seasoned internal investigations attorney, contact our office today. 

May 2, 2022

Administrative & Regulatory Actions

Zweiback, Fiset & Zalduendo is highly experienced in administrative law and regulatory actions and can expertly assist clients in regulatory compliance matters before local, state, federal and international administrative agencies. We combine industry knowledge, extensive regulatory experience, and unrivaled litigation skills to help our clients defend against agency and industry enforcement actions.

Our attorneys also advise clients on compliance matters to develop and/or improve upon compliance policies, procedures, frameworks, and infrastructure to improve business and professional operations while mitigating the risk of future administrative and regulatory actions. Because of our firm’s lean structure and efficient approach to resolving administrative and regulatory proceedings, we are able to provide effective counsel and representation to individuals and businesses of various sizes that preserves client resources and that is fine-tuned to the overall economic circumstances of our clients.

State and Federal Administrative and Regulatory Actions

Zweiback, Fiset & Zalduendo provides counsel and defense representation to clients in maintaining compliance with state and federal regulations and in responding to administrative and regulatory compliance and enforcement actions. We are able to provide the efficient, personal approach of a boutique law firm while at the same time draw upon our attorneys’ vast experience in the highest levels of government and at a number of the nation’s prestigious law firms to help our clients navigate the complex compliance requirements and enforcement challenges presented by state and federal administrative and regulatory frameworks.

We work with clients of all sizes and life spans from startups to Fortune 500 companies in developing compliance procedures and defending against enforcement actions across a range of industries, including healthcare, municipal bodies, tech providers, manufacturers, and others. Our experience includes defending clients before such state and federal administrative and regulatory bodies as the Department of Justice (DOJ), the Drug Enforcement Administration (DEA), the Food and Drug Administration (FDA), the Environmental Protection Agency (EPA), the Federal Communications Commission (FCC), the Internal Revenue Service (IRS), the Federal Trade Commission (FTC), the California Medical Board (CMB), the California State Board of Nursing, the California Board of Pharmacy, and the California Health Authority.

International Administrative and Regulatory Actions

Individuals and entities who conduct international business and engage in cross-border activities in our ever flattening world face increasing legal challenges from international administrative and regulatory bodies. In particular, those businesses in the international environmental and data sectors find themselves under increasing pressure to comply with complex regulatory frameworks issued by the European Union and other international authorities.

Our attorneys have significant experience in providing compliance counsel to entities regarding international compliance issues and in defending entities before international administrative and regulatory tribunals. Our experience includes expertise in international privacy and data protection law pursuant to the European Union and other overseas jurisdictions and providing counsel on complex cross-borders transactions. Our attorneys have provided representation for clients before international tribunals including the International Court of Arbitration (ICC) and European Court of Justice (EJC).

Securities and Financial Regulatory Actions

Businesses, entrepreneurs, investors, fund managers, investment advisors, banks, and other financial institutions face significant compliance requirements and oversight from administrative and regulatory bodies, and our attorneys work with clients in the financial sector and those businesses and individuals subject to regulatory oversight to manage their compliance risks and defend against enforcement actions. We understand that, in addition to the costs and penalties potentially associated with financial regulatory actions, our clients face significant reputational damages, and we zealously work to comprehensively protect our clients’ interests.

We have extensive experience defending our clients in enforcement actions by the Securities and Exchange Commission (SEC), and act quickly and assertively at the first sign of an enforcement action to develop and implement defense strategies to mitigate negative consequences, secure positive outcomes, and advance improvements to compliance practices to prevent future losses. We also provide counsel and representation to individuals and entities in the financial sector facing potential compliance challenges and enforcement actions from the Financial Industry Regulatory Authority (FINRA), state attorney general offices, and other financial regulatory bodies.

Professional Administrative and Regulatory Board Actions

Physicians, healthcare professionals, attorneys, real estate professionals, mental health professionals and others must comply with applicable regulatory provisions and administrative oversight, and, as a result, can face significant reputational risks and threats to their livelihoods when faced with the loss of a license or other oversight action. Our attorneys provide comprehensive guidance and counsel to professionals facing administrative and regulatory board actions to ensure that they are provided the due process rights they are obligated to receive, and we present a robust and proactive defense on their behalf to protect their present and future financial and reputational interests. We also provide counsel and representation on appeals of administrative and regulatory board actions in addition to seeking relief for our clients in state and federal court from procedurally defective board actions.

Schedule a Consultation with an Attorney

Administrative and regulatory actions may seem initially routine but can quickly evolve and expand into complicated, long-running affairs that have the potential to negatively impact your livelihood and/or business in a significant manner for years to come. Furthermore, appealing an adverse administrative or regulatory action, either before the same body or in a state or federal court, can be a deeply complex uphill battle. Our attorneys have the experience to help clients avoid or minimize adverse administrative and regulatory actions before they arise by providing compliance counsel, and we also have the skills necessary to vigorously defend clients against enforcement actions and to appeal adverse agency decisions.

Whether you are concerned about avoiding a future enforcement action or are currently facing a challenging administrative and regulatory action, it is important to engage experienced counsel to assist in and guide your compliance procedures and enforcement action responses as early in the process as possible. The attorneys of Zweiback, Fiset & Zalduendo are committed to providing superior administrative and regulatory counsel and defense representation that powerfully defends our clients’ interests in any compliance challenge they meet. Our attorneys creatively and efficiently strategize towards positive resolutions that serve our client’s comprehensive, long-term goals. If you or your business are facing a complex administrative or regulatory proceeding or are seeking to improve your compliance infrastructure, contact our office to speak with an experienced attorney regarding your situation today.

May 2, 2022

Public Officials & Government Entities

The attorneys of Zweiback, Fiset & Zalduendo have over 30 years of experience successfully representing cities, counties, school districts, joint powers authorities, and state agencies, as well as their officials and employees in high-stakes litigation, state and federal investigations, and enforcement actions related to, among other things, bribery and corruption, civil rights violations, cybersecurity and data privacy, whistleblower claims, and discrimination claims.
We understand the unique challenges that public officials and government entities face and the limited resources often available to address the legal issues they must resolve, and we are able to provide efficient and effective counsel and representation to our clients on a cost-effective basis while bringing to the table our team of attorneys’ wide range of experience, including decades of service in the highest levels of government and at the nation’s leading litigation firms.

Public Official & Government Entity Cases We Handle

Our attorneys have worked on behalf of public officials, cities, counties, school districts and other government entities to address a wide range of legal challenges, and we have the experience and skills to assist clients across numerous issues, including the following.

Political Corruption

Our attorneys have extensive experience representing public officials and government entities in political corruption cases, including cities, counties, school districts, agencies, and city and state officials and employees. We understand the unique challenges and reputational risks that those involved in political corruption investigations and prosecutions face, and we strategically tailor our defensive approach to protect our clients’ interests and reputations while minimizing collateral consequences.

Bribery

We provide counsel and representation to public officials and government entities facing potential criminal and civil penalties – in addition to reputational damages – in a variety of legal contexts involving alleged bribery. Our attorneys have the skills necessary to guide clients through proceedings and investigations relating to Foreign Corrupt Practices Act (FCPA) and other international corruption violations; receiving bribes, kickbacks, and gifts; and other alleged improper transfers of funds, property, or favors in exchange for benefits. We provide all necessary legal services for public officials and government entities to address bribery proceedings, including conducting internal investigations, responding to enforcement actions, and defending against both state and federal prosecutions.

Obstruction of Justice and Civil Rights Violations

Public officials and government entities – including police officers, police departments, district attorney offices, state prosecutors, and other investigative and prosecutorial agencies and officials – have long faced negative consequences and adverse civil and criminal outcomes for alleged violations of the civil rights of individuals. In recent years, the focus on the civil rights liability of public officials and government entities has only increased, and there is tremendous pressure from the media and public to obtain swift redress against those alleged to have violated the civil rights of others. The consequences public officials and government entities face in these circumstances can include criminal charges and convictions, loss of one’s livelihood and reputation, and massive jury awards that can significantly deplete the resources of many cities and counties. Our attorneys have worked on behalf of numerous parties accused of wrongdoing in the public arena – including the former Sheriff of Los Angeles County and a former Los Angeles City Attorney – and we have the experience to effectively and zealously defend our clients in order to protect their freedom, financial interests, and reputation.

Cybersecurity and Data Privacy

In an increasingly technologically connected world, public officials and government entities face significant cybersecurity and data privacy threats from sources both domestic and international, and, as a result, may face liability for alleged failures to meet compliance requirements and effectively respond to external threats. We are an industry leader in cybersecurity and data privacy legal proceedings, and firm co-founder Michael Zweiback brings unrivaled experience to cybersecurity proceedings having previously served in the U.S. Attorney’s Office as the Chief of Cyber and Intellectual Property Crimes Section, Principal Advisor to the U.S. Attorney General’s Advisory Committee in Cyber Crime, and Deputy Chief of the Terrorism and Organized Crime Section. Our attorneys can provide legal counsel and guidance to officials and entities dealing with legal challenges relating to, among other things, data breaches, data loss, ransomware, and privacy law violations.

Whistleblower Claims

Whistleblower claims can threaten the interests and resources of local, state, and federal entities and public officials across a wide range of legal issues, including but not limited to: misuse of public resources, self-dealing, kickbacks, retaliation, public safety, discrimination, and harassment. The fallout from a whistleblower claim can be swift and severe for public officials and government entities, and can lead to reputational damage, costly civil lawsuits, and even state and federal criminal investigations and proceedings. Our attorneys have extensive experience both defending against whistleblower claims and can provide expert counsel guidance on proper responses to such claims and aggressive representation in defending against investigations and both civil and criminal proceedings based on whistleblower complaints.

Discrimination and Americans with Disabilities Act (ADA) Claims

Public officials and government entities can face significant civil liability for alleged violations of state and federal discrimination and civil rights laws, including liability for: gender discrimination, racial discrimination, sexual orientation discrimination, age discrimination, sexual harassment, Americans with Disabilities (ADA) violation claims, fair housing claims, and related claims. Such claims can threaten the reputation of defendants and result in large jury verdicts and settlements for plaintiffs that strain public resources. Our attorneys provide counsel to public officials and government entities to help address and mitigate litigation risk and robust defense counsel in pursuit of the dismissal of claims and/or the minimization of damages.

Speak with an experienced Public Official & Government Entity Lawyer

The attorneys of Zweiback, Fiset & Zalduendo are dedicated to zealously working on behalf of public official and governmental entity clients in order to powerfully defend their interests, minimize damages and other adverse consequences, and protect their reputations while preserving their resources. Our attorneys creatively and efficiently strategize towards positive resolutions that serve our client’s comprehensive, long-term goals. If you are a public official or work on behalf of a governmental entity facing a litigation proceeding, investigation, or other legal challenge, contact our office to speak with an experienced defense attorney regarding your situation today.

May 2, 2022

Environmental & Natural Resources Litigation

Zweiback, Fiset & Zalduendo has extensive experience representing clients in environmental investigations, enforcement actions, and litigation. Our attorneys provide expert guidance on regulatory obligations and skillful defense in both judicial and administrative actions.
Our attorneys have significant experience negotiating criminal, civil, and administrative settlements before many government entities, including the U.S. Environmental Protection Agency (EPA), U.S. Department of Justice (DOJ), Air Quality Management District (AQMD), and District Attorneys’ offices. Our expertise extends to counseling clients in federal criminal prosecutions of alleged violations of the Clear Air Act and Clean Water Act, and we have achieved favorable settlements with the U.S. Environmental Protection Agency and the U.S. Department of Justice, among others.

With decades of experience working in the highest level of government and at the nation’s leading litigation firms, our attorneys are able to provide clients of various sizes and across industries with the expert environmental and natural resources counsel and defense representation they need to tackle complex legal challenges while maintaining the efficient, personal approach of a boutique litigation firm that preserves client resources and focuses on our clients’ overall goals and economic picture.

Matters our Environmental & Natural Resources Litigation Lawyers Handle

In addition to strict federal environmental and natural resources compliance guidelines that must be met, many of our clients also face complex California state compliance requirements which can lead to investigations, enforcement actions, civil lawsuits pursued by government entities and private plaintiffs alike, and, in some cases, criminal investigations and prosecutions.

Federal Environmental and Natural Resource Investigation and Enforcement Proceedings

The United States Environmental Protection Agency (EPA) is the primary federal agency overseeing the compliance of individuals and businesses with federal environmental law. The EPA has the power to institute environmental and natural resource investigations targeting private entities and to pursue enforcement actions against those entities for violations of the Clean Water Act, Clean Air Act, and other environmental laws related to natural resources and endangered species. If successful, an enforcement action can result in significant financial penalties, injunctive relief including expensive and onerous requirements for a defendant to come into compliance with federal guidelines, and additional requirements. Furthermore, a successful federal enforcement proceeding can result in severe reputational damage for a defendant and may lay the grounds for a successful civil lawsuit by private parties. The attorneys of Zweiback, Fiset & Zalduendo understand the severe consequences for a target of a federal investigation and/or enforcement action, and have the skills and experience – including decades of experience in the highest levels of federal government – to guide our clients through federal investigations and enforcement actions and work towards the optimal outcome for our clients, including favorable settlements and the termination of investigation and enforcement proceedings.

California State Environmental and Natural Resource Investigation and Enforcement Proceedings

California is widely known for having some of the most strict and complex environmental and natural resource laws and enforcement frameworks in the nation. While the California Environmental Protection Agency (CalEPA) is the chief state agency overseeing legal issues related to the environment, individuals and businesses operating in California also must maintain compliance with oversight from the California Air Resources Board (ARB), Local Air Pollution Districts, the State Water Resources Control Board (SWRCB) and its nine Regional Water Quality Control Boards, the Department of Toxic Substances Control (DTSC), the Certified Unified Program Agencies (CUPA), the Office of Environmental Health Hazard Assessment (OEHHA), the Department of Pesticide Regulation (DPR), County Agricultural Commissioners, and the office of the California Attorney General.

Our attorneys provide compliance counsel to individuals and businesses in developing and implementing procedures, policies, and frameworks to maintain compliance with the complex requirements of California environmental and natural resource law. When investigations and enforcement actions do take place, Zweiback, Fiset & Zalduendo provides zealous defense representation to help our clients obtain favorable outcomes that minimize financial and reputational consequences.

Criminal Environmental and Natural Resource Proceedings

Individuals and businesses can face criminal penalties – including significant monetary fines and jail or prison time – for violations of a number of environmental and natural resource legal statutes, including for violations of the US Clean Water Act, the US Clean Water Act, and other hazardous waste and environmental laws pursuant to federal and California state law. In recent years, the federal government has successfully convicted thousands of individuals and businesses for violations of environmental laws and extracted billions of dollars in criminal fines. Our attorneys have significant experience in both environmental law and in defending parties against criminal prosecutions, and will zealously fight to defend you or your business in any criminal proceeding prosecuted by the Department of Justice and/or state regulators and prosecutors to protect your financial interests and your future.

Civil Environmental and Natural Resource Lawsuits

In addition to federal and state investigation and enforcement legal challenges related to environmental and natural resource law, individuals and businesses can face potentially costly civil litigation pursued by private plaintiffs and private organizations. Such lawsuits can present existential risks for individuals and businesses as the consequences can include hugely significant jury verdicts, lasting reputational damage, and complex legal proceedings that can continue for years and drain client resources. With our extensive experience in successfully resolving complex private party litigation, Zweiback, Fiset & Zalduendo is able to provide superior environmental and natural resource defense counsel for our clients while employing an efficient, lean approach that both vigorously pursues favorable outcomes and preserves client resources.

Contact our Experienced Environmental Resource Attorneys

The threat to a business of an environmental and/or natural resource investigation or enforcement action by government authorities or a lawsuit pursued by private plaintiffs can bring with it the potential for steep fines and jury verdicts, onerous compliance oversight requirements, reputational damage, and long and challenging legal proceedings. It is therefore important for individuals and businesses facing legal challenges related to environmental and natural resource issues to engage with skilled and experienced defense and compliance counsel at the first sign of such a threat to a business’ well-being and future standing.

The attorneys of Zweiback, Fiset & Zalduendo have made it their mission to provide skilled defense and compliance counsel to businesses and individuals in complex environmental and natural resource proceedings that powerfully defends our clients’ interests throughout the litigation, investigation, enforcement action, or compliance process. Our attorneys creatively and efficiently strategize towards positive resolutions that serve our client’s comprehensive, long-term goals. If you or your business are facing a complex proceeding related to environmental or natural resource issues, contact our office to speak with an experienced attorney regarding your situation today.

April 8, 2022

Healthcare Defense

healthcare defense attorney headerHealthcare is one of the largest and most vital industries in our society, and yet also one of the most complex and prone to legal risk. Providers and market participants across the industry – including physicians, nurses, staff, executives, hospitals, skilled nursing facilities, pharmaceutical companies, and other providers – face many evolving legal challenges.  These changes include, but are not limited to, regulatory compliance issues and the threat of civil and criminal litigation.

The healthcare defense attorneys of Zweiback, Fiset & Zalduendo skillfully guide clients across the healthcare industry through an array of legal challenges.  Our attorneys rely on our extensive legal and regulatory experience in the industry and our unrivaled civil and criminal litigation skills. We have significant experience negotiating criminal, civil, and administrative settlements in healthcare defense proceedings before many government entities, including the U.S. Department of Justice’s Criminal and Civil Divisions, the Office of Inspector General of Health and Human Services (HHS), state attorneys general, and various licensing boards.

How Zweiback, Fiset & Zalduendo Approaches Healthcare

Our approach is to prioritize decisive action to mitigate the immediate and long-term negative consequences to our clients’ financial and reputational interests.  Our attorneys employ an efficient and streamlined approach that protects our clients’ resources and focuses on expeditious resolution of issues wherever possible. Our attorneys have consistently provided positive and efficient results for our healthcare clients in negotiating criminal, civil, and administrative settlements before government entities, as well as in winning courtroom victories and reaching favorable settlements in civil and criminal litigation. 

When Do You Need a Healthcare Defense Attorney?

Speaking with an experienced healthcare defense attorney at the first sign of a potential legal risk can be the best approach for defending your reputation, livelihood, and/or business interests. Our attorneys counsel and represent individuals and both for-profit and non-profit healthcare entities across a wide variety of legal challenges. 

False Claims Act 

The False Claims Act or “FCA” allows private individual “whistleblowers” to bring lawsuits against individuals and companies for alleged fraudulent acts against the government.  Such actions commence when the government and/or a whistleblower brings forth alleged evidence of fraud in pursuit of a portion of the recovered penalties, and the government has the option of joining the lawsuit.  This can include a company insider such as an employee or executive, or someone completely outside the organization such as an industry observer. A “whistleblower”, however, may have little, if any, connection to the alleged underlying acts. 

Each year, numerous healthcare providers, among others, find themselves facing expensive litigation for FCA claims based on alleged acts such as unnecessary treatment, upcoding, unbundling, kickbacks, insufficient physician services, and so on. Defendants in FCA cases face steep penalties at trial including high monetary damages, and criminal penalties may ensue. 

Qui Tam Lawsuits  

Zweiback, Fiset & Zalduendo also provides comprehensive counsel and representation of plaintiffs in FCA and other whistleblower healthcare fraud lawsuits involving a state or federal government. In such cases, a whistleblower can collect between 15% to 30% of the recovery in a successful FCA proceeding. Our attorneys work with potential whistleblower plaintiffs to assess and collect evidence, move forward with litigation, and protect their financial and reputational interests throughout the process. 

STARK Violations

Physicians face significant financial and reputational consequences for alleged violations of the various federal “STARK Laws”.  STARK Laws aim to prevent medical professionals from referring patients to healthcare providers in which those professionals have a perceived financial interest. It is not always clear when a physician’s actions have potentially run afoul of the STARK Laws.  A “financial benefit” that may trigger government enforcement action can take a number of forms that may have seemed innocuous or standard operating procedure to those involved.  The penalties for even unintentional violations, however, can be great, including steep fines, denials of payments, and exclusion from Medicare and other government healthcare programs.

If you suspect you may face enforcement action for a potential STARK violation, are already under investigation, or are seeking counsel in avoiding STARK enforcement action, our attorneys will counsel and guide you through every step of the process.  We will assist you in developing and implementing compliance practices and procedures as well as defending you in governmental enforcement actions to protect your practice, reputation, and financial interests. 

Bribery & Kickback Schemes

Many investigations and lawsuits in the healthcare industry involve allegations of bribery and kickbacks, whether in the context of governmental investigations and enforcement actions or in lawsuits between private parties. Such allegations often relate to payments and/or the conferral of benefits between physicians, pharmaceutical companies, hospitals and other healthcare providers related to the referral of patients, prescriptions or equipment and supplies.  Our attorneys have significant experience in dealing with the complex legal and factual scenarios often present in kickback and bribery proceedings.  We can provide skilled counsel and representation throughout the healthcare defense process.

Fraud and Abuse

State and federal governmental agencies and private plaintiffs including insurers often bring costly legal proceedings against healthcare providers and professionals for alleged acts of fraud and abuse. A successful fraud investigation or lawsuit can be devastating to the finances, livelihood, and reputation of a professional or healthcare provider.  The response to such a fraud proceeding can be just as critical as the underlying facts that may come to light. Our attorneys bring a measured yet assertive approach to defending our clients against healthcare fraud proceedings, with a focus on defending and protecting both present and long-term interests. 

Licensing & Employment

We have worked with professionals facing threats to their licensing status over perceived misconduct as well as healthcare providers and other entities to address their own liability in licensing and employment legal proceedings. Our experience includes representing clients before the California Medical Board, California Health Authority, California Board of Pharmacy, and California State Board of Nursing. 

Litigation

In addition to representing parties in white collar investigations and FCA claims involving the government, our attorneys also represent private individuals and companies engaged in civil litigation between private parties in the healthcare industry. We provide counsel and representation to professionals, healthcare providers, pharmaceutical companies and medical suppliers in all types of civil litigation. Litigation relating to healthcare issues can be enormously costly for all involved.  Our guiding mission throughout the process is to provide comprehensive defense services focused on our client’s long-term sustainability while employing an efficient approach that conserves client resources. 

Speak with an Experienced Healthcare Defense Lawyer

Healthcare providers and professionals face unique and complex legal risks, and our attorneys have the legal experience and industry knowledge to counsel and protect clients in all aspects of the industry. It is important to respond properly to legal risks as soon as they arise.  Our attorneys are here to provide counsel and representation to mitigate risk at the earliest possible moment. Contact our office to speak with an experienced healthcare defense attorney regarding your situation today. 

August 30, 2019

Cybersecurity & Data Privacy

Zweiback, Fiset & Zalduendo is an industry leader in the ever-changing field of cybersecurity. Our advice and legal guidance is highly sought after in areas relating to data privacy, cyber security, and compliance. We work with a wide range of clients from Fortune 100 companies to start-ups.
We provide clients with unrivaled legal counsel in order to expertly navigate the wide array of regulations, litigation, and legal pitfalls of cybersecurity, privacy, and data protection. We provide full-service assistance from the drafting of your privacy and Information Security Management Policies, Cyber Incident Response Planning. Our long-standing connections with national, state, and local law enforcement and foreign regulatory agencies provide us with the unparalleled ability to respond quickly and effectively to any kind of cyber incident.
In addition to infrastructure protection and data breach response, our team handles dispute and litigation, regulatory investigations, data encryption technology, and cyber insurance. We also advise clients on compliance obligations and their implications in transactions, such as corporate governance and risk management, corporate transactions, and cross-border data transfers.

Defending Against Cybersecurity & Data Privacy Risks

In an ever-evolving technological and increasingly connected world, more businesses and individuals than ever before face the threat of legal challenges related to cybersecurity and data privacy. Whether you are operating a tech startup, professional services organization, or a Fortune 500 company, you may face existential risks to your business’s bottom line in the form of potential losses and litigation/compliance exposure resulting from data loss, security breaches, violations of privacy law, and regulatory investigations.

Our team of attorneys works with individuals and entities of all sizes in creating and executing assertive and creative responses to cybersecurity and data privacy threats, bringing unrivaled experience to the table in developing proactive solutions to such challenges while providing the efficient approach of a boutique firm that respects and builds upon our clients’ overall financial circumstances. We provide compliance counsel and representation in litigation and regulatory proceedings to businesses across industries, including those in the technology, healthcare, education, retail and ecommerce, government, manufacturing, financial services, and communications sectors.

Our Experience in Cybersecurity & Data Privacy

Firm co-founder Michael Zweiback brings unrivaled experience to cybersecurity proceedings having previously served in the U.S. Attorney’s Office as the Chief of Cyber and Intellectual Property Crimes Section, Principal Advisor to the U.S. Attorney General’s Advisory Committee in Cyber Crime, and Deputy Chief of the Terrorism and Organized Crime Section. Michael is a leading international expert in privacy and data protection law, cyber security, trade secrets, employee monitoring, and government surveillance issues, with special expertise in U.S. and European Union data protection law and compliance. Michael’s practice has included assisting Fortune 500 and multinational companies to comply with complex, and often conflicting, data protection requirements under U.S. federal law, U.S. state laws, and the numerous specific requirements in the European Union and other overseas jurisdictions. He also has counseled start-ups and other companies in general matters and created and directs a privacy advisory committee for a multi-billion dollar company. Michael is also a frequent media commentator on privacy, cyber security, electronic surveillance, intelligence, and other national security issues.

When to Contact a Cybersecurity & Data Privacy Attorney

Our mission is to provide superior compliance counsel and defense representation to our clients to mitigate risks and build financial and reputational security to both avoid the risk of legal challenges and to effectively respond to compliance, regulatory and litigation proceedings as they arise.

To that end, we provide counsel to clients that are just beginning the process of developing policies and infrastructure to ensure their compliance with regulatory requirements and prevent future security risks as well as those seeking to improve upon and innovate their existing cybersecurity and data privacy framework to anticipate and defend against new and evolving risks and threats to their interests. Our attorneys work in tandem with expert security consultants to help our clients creatively and effectively develop and implement policies, procedures, and practical technological solutions in transactions, data storage, communications, transfers and other business activities.

When a threat does arise in the form of a successful or attempted internal or external data breach, regulatory investigation, civil lawsuit related to privacy violations, or criminal investigation, our attorneys will rapidly assess the situation to determine the comprehensive set of risks to our clients’ interests, and develop and execute aggressive and efficient strategies to minimize liability and collateral consequences while building upon our clients’ present infrastructures to avoid future risk.

Schedule a Consultation with an Experienced Attorney

Cybersecurity and data privacy legal challenges require thoughtful and experienced guidance to help individuals and businesses navigate complex issues to limit legal liability and collateral consequences to their financial and reputational interests. The attorneys of Zweiback, Fiset & Zalduendo have decades of experience in litigating and advising on complex cybersecurity and data privacy issues to put in service of whatever legal challenge you are facing. Our attorneys creatively and efficiently strategize towards positive resolutions of cybersecurity and data privacy legal challenges that serve our client’s comprehensive, long-term goals.

If you or your business are seeking to create policies and infrastructure to comply with regulatory requirements and avoid business and/or reputational losses or are currently facing a complex litigation, enforcement action, or other potential legal challenge in the area of cybersecurity and data privacy, contact our office to speak with an experienced attorney regarding your situation today.

August 30, 2019

Litigation

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Zwieback, Fiset & Zalduendo’s national litigation practice focuses on cybersecurity litigation, theft of intellectual property and trade secrets, breach of contract, fraud, partner disputes, False Claims Act litigation, and bid-rigging and antitrust, among many other issues. Our attorneys have decades of experience working in the U.S. Attorney’s Office and the nation’s leading litigation firms, representing clients in a variety of industries including healthcare, entertainment, retail, finance, technology, public utilities, and energy and natural resources.

Our complex litigation practice is supported by our expertise in international arbitration. We handle disputes in a variety of areas including oil and gas, construction, energy and natural resources, finance and corporate transactions, joint ventures, insolvency, fraud, intellectual property, environmental, import and export, and numerous others.  We have successfully prosecuted and defended a broad range of cases before the major arbitral bodies—both U.S.-based and international—including AAA, JAMS, the International Center for Dispute Resolution, and the ICC International Court of Arbitration.

Litigation Matters We Handle

Zweiback, Fiset & Zalduendo combines the efficient, personal approach of a boutique litigation firm with the array of knowledge and ability to successfully litigate a wide range of litigation matters of a large international firm. Our attorneys bring their vast litigation experience to the table in litigating cases on behalf of clients ranging from startups to Fortune 100 companies, always approaching the specifics of a client’s litigation proceeding with that client’s broader financial and reputational interests in mind. Here are just a few of the types of litigation matters our firm handles. 

Cybersecurity

We are an industry leader in cybersecurity litigation, providing representation to Fortune 100 companies and startups in litigation related to data privacy and compliance. Firm co-founder Michael Zweiback brings unrivaled experience to cybersecurity proceedings having previously served in the U.S. Attorney’s Office as the Chief of Cyber and Intellectual Property Crimes Section, Principal Advisor to the U.S. Attorney General’s Advisory Committee in Cyber Crime, and Deputy Chief of the Terrorism and Organized Crime Section. 

Theft of Intellectual Property & Trade Secrets

Increasingly, intellectual property and trade secrets are the most valuable assets of domestic and international businesses alike, and, as such, litigation related to the theft or alleged theft of IP and trade secrets can threaten the continued existence of companies and the professional reputation of the individuals involved. 

We understand the interests at stake in intellectual property and trade secret theft litigation, and provide a strategic litigation approach to our clients – including both plaintiffs and defendants – that manages these risks and aggressively works towards positive outcomes. Often such cases involve cybersecurity and privacy issues and the potential for government criminal investigation, enforcement, and prosecution actions.  Our expertise in these areas provides our clients with a superior level of service to defend and protect their interests in litigation while also effectively managing potential collateral consequences. 

Breach of Contract

Our attorneys have significant experience representing both plaintiffs and defendants in complex, high-stakes breach of contract litigation matters. We work with clients asserting and defending against breach of contract claims across a wide range of subject matters – including employment contracts, supply and service contracts, partnership agreements, intellectual property contracts, and others.  The subject matters are across diverse industries, including healthcare, governmental contracts, real estate, and technological services, among others. We have significant experience in favorably resolving breach of contract lawsuits both at trial and through arbitration, and always seek efficient, cost-maximizing alternative dispute resolution approaches when possible. 

Fraud

Fraud-based litigation proceedings can take many forms and can occur in a variety of industries, including fraudulent inducement to enter into a contract, healthcare fraud (i.e., fraudulent invoices or unnecessary services), insurance fraud, government procurement fraud, securities fraud, wire and mail fraud, investment fraud, real estate fraud, and potentially fraudulent schemes such as pyramid and Ponzi schemes. Such cases are frequently factually and legally complex with high-stakes consequences for both sides.  Our attorneys bring a wealth of experience and litigation expertise to serve our client’s interests in fraud litigation cases.  Indeed, we aggressively work towards optimal outcomes while preserving client resources. 

Business Partner Disputes

Business partnerships can result in litigation disputes which can have significant effects on the continued existence of the business and the financial and reputational interests of those involved. This litigation requires a delicate balancing act of weighing the risks involved of not litigating with the costs and potential outcomes of pursuing one’s rights and interests in litigation and/or arbitration. Our attorneys have experience representing clients in partnership disputes relating to businesses in various industries and growth stages, and we have the skills to strategically assess litigation tactics and risks in light of all factors to best serve the comprehensive interests of our clients. 

Bid-Rigging and Antitrust

Businesses face litigation risk from both state and federal authorities as well as private parties for bid-rigging, antitrust, and other allegedly anti-competitive business practices. Our firm represents both plaintiffs and defendants in civil litigation and government prosecutions for alleged anti-competitive business practices, including bid rigging, price fixing, and monopolistic practices. 

Private civil suits brought pursuant to the Clayton Act and government lawsuits brought pursuant to the Sherman Act present unique challenges, and frequently involve complex legal and factual challenges for those involved. Our attorneys bring a deep understanding of the law to anticompetitive litigation cases with a strategic case management efficiency to limit costs while pursuing positive outcomes. 

False Claims Act

False Claims Act (FCA) litigation related to alleged fraudulent activity directed towards state and federal governments – including Medicare and Medicaid fraud, defense procurement fraud, and disaster relief fraud – brings with it high stakes for whistleblower plaintiffs and defendants alike. Our firm represents both companies and individuals who face litigation from the government or private parties over alleged violations of the state and federal FCA, as well as whistleblower plaintiffs with evidence of FCA violations seeking to move forward and obtain a large financial reward via a qui tam lawsuit. 

Regardless of whether you are pursuing an FCA lawsuit as a qui tam whistleblower plaintiff or are defending against a FCA claim asserted by a private plaintiff and/or the government, our attorneys have the skills and experience to comprehensively assert your interests through all stages of the long and complex litigation process.  Our attorneys will efficiently manage the litigation process and protect against collateral consequences. 

Stages of Litigation

Civil litigation generally includes three primary stages: the filing of the initial complaint and response; discovery and interim hearings and orders regarding interim relief and discovery disputes; and resolving the dispute via settlement, trial, or alternative dispute resolution. Each of these stages – particularly the last two – can easily become overly complex and expensive without proper strategy and case management. 

Whether in asserting or defending against a lawsuit, our mission is to employ creative and strategic approaches to resolving the case in our client’s favor while preserving our client’s resources and understanding the collateral effects of the litigation. We consistently return positive results for clients throughout the litigation process and remain in constant communication with our clients regarding strategy and approach, always with an eye towards our client’s bottom line. 

Contact Our Experienced Civil Litigation Attorneys

Civil litigation can be an extremely challenging, long, and expensive process for the parties involved.  The attorneys of Zweiback, Fiset & Zalduendo have made it their mission to provide litigation counsel to businesses and individuals in complex litigation proceedings that powerfully defends our clients’ interests throughout the litigation process.  Our attorneys creatively and efficiently strategize towards positive resolutions that serve our client’s comprehensive, long-term goals. If you or your business are facing a complex litigation proceeding, contact our office to speak with an experienced litigation attorney regarding your situation today.

August 30, 2019

State Court Criminal Defense

Zwieback, Fiset & Zalduendo’s criminal defense practice represents businesses, public officials, executives, doctors, public entities, corporate officers, and individuals. Calling on our collective 50 years of experience at the U.S. Attorney’s Office and the nation’s top litigation firms, we are highly experienced and adept at navigating the overwhelming and complex challenges of being charged in a state court. We approach each matter aggressively and comprehensively to achieve the earliest and most complete victory possible.
Our attorneys have successfully defended clients in a variety of matters, including fraud, cyber-related crimes, theft, embezzlement, conflicts of interest, bribery, identity theft, assault and environmental violations.

California Criminal Defense Attorneys

Most people never expect to find themselves the target of a state criminal investigation or charged with a crime, and it is an extremely challenging, uncertain, and intimidating place to be. No matter your place in life or profession – whether you are a business owner, physician, legal professional, actor, investor, developer, entrepreneur, police officer, politician, or public official – a criminal charge or conviction has the power to vastly change your life for the worse. In addition to potential jail or prison time and steep criminal fines, you face reputational and career damage that can follow you for many years and limit your life opportunities.
Our attorneys understand the severe consequences that our clients face when responding to state criminal investigations and charges, and we work to protect their interests and those of their families throughout the criminal defense process.  We take an approach that is both aggressive and deft in defending our clients in state criminal proceedings to minimize negative repercussions and work towards the best possible outcomes, including dropped charges, exonerations, winning verdicts, and negotiated plea agreements. Unlike other law firms that may specialize only in white-collar business crimes or, alternatively, in violent crimes or “low-level” offenses, our attorneys have the experience to represent clients in any state criminal proceeding they may be facing, and will work with zeal and dedication through every step of the defense process to help our clients seek a positive outcome.

Cases We Handle

We represent individuals and entities facing criminal charges from state agencies and local district attorney’s offices across a wide variety of potential criminal issues. Our expertise in providing skillful criminal defense counsel and representation includes the following practice areas, among others:

  • Embezzlement
  • Fraud
  • Identity Theft
  • Cyber Fraud 
  • Obstruction of Justice and Perjury
  • Violent Crimes
  • Theft and Property Crimes
  • Bribery and Corruption
  • Environmental Crimes
  • Gun and Weapon Crimes
  • Drunk Driving and Vehicular Crimes
  • Conspiracy Crimes
  • Attempted Crimes
  • Solicitation
  • Aiding and Abetting Crimes

Both individuals and businesses can face criminal liability in state court for the above crimes, among others, and furthermore criminal liability can be found even where another party was the alleged primary perpetrator of a crime. One should not assume that, because they had no intent to commit a crime and/or that another party took actions that appear to be criminal in nature, they are free from facing potential criminal consequences. We understand the trepidation that comes with seeking out counsel from a criminal defense attorney, particularly when the alleged or potentially alleged crime was in the context of business or professional activities, but obtaining confidential counsel from an experienced criminal defense attorney at the earliest stage can vastly improve one’s opportunities to reach a positive outcome in the matter.

Past Cases

Our attorneys have successfully handled both high-profile state criminal cases and quietly negotiated terminations of criminal investigations and proceedings that never reach the public’s attention. Notable state court criminal proceedings that our attorneys have been involved in include:

  • Representing a former Sheriff of Los Angeles accused of crimes relating to obstruction of justice and perjury
  • Representing a former City Attorney in a high-profile L.A. District Attorney investigation into political corruption
  • Representing a real estate investment firm in an L.A. District Attorney investigation into real estate fraud
  • Representing a Fortune 500 client in an investigation by multiple California District Attorney’s Offices for alleged violations of California consumer protection laws

When do you Need a Criminal Defense Attorney?

There is no time to waste when facing a potential state court criminal investigation or proceeding. The decisions made and actions taken by an individual or entity in response to the beginning of a criminal proceeding are often the most critical, and it is important to work with an experienced criminal defense attorney as soon as possible to protect one’s interests and avoid further negative consequences.
Our attorneys often provide counsel to clients who may not yet be the target of a criminal investigation to help them navigate the minefields of a potential criminal proceeding and avoid unnecessary law enforcement actions before they happen. If you believe you may be facing potential criminal investigation or liability for your actions or proximity to criminal activity – whether it be in the context of your professional work, in service of an employer, in a vehicular situation, in relations and interactions with associates or the general public, or any other context – it is important to seek counsel from an experienced criminal defense attorney before taking any further actions.
As such, before speaking with any law enforcement officer, government official, employer, administrator or other individual about a potentially criminal situation, it is in your interest to speak with an attorney to, among other things, help understand your potential liability, examine the potential evidence implicating you, and discuss approaches and strategies to limit liability and work towards a positive outcome.

Contacting an Experienced Criminal Defense Attorney

Whether you have already been charged with a crime in state court, have been approached by law enforcement or an employer with questions regarding criminal activity, or are concerned about potential criminal ramifications of an action that you may have participated in or even simply been aware of, it is important to seek out experienced criminal defense counsel at the earliest possible moment to discuss your issues in a confidential environment and develop strategies and approaches to minimize your risk. The first steps one takes in responding to a potential criminal enforcement matter are often the most critical, and our attorneys have the experience and skills to counsel and defend you throughout the process to work towards an outcome that defends your freedom, financial interests, and reputation. Contact our office to speak with an experienced state court criminal defense attorney regarding your situation today

August 30, 2019

Discipline & Title IX

Zweiback, Fiset & Zalduendo has extensive experience with the Title IX process and other academic disciplinary proceedings and skillfully guide our clients through these complex matters. We have represented clients in administrative hearings before school boards, in negotiations with universities and high schools, and in related civil proceedings. Our attorneys understand how highly personal and sensitive academic disciplinary and Title IX proceedings are for all involved, and we work closely with clients and their families to make the process swift, effective, and discrete.

It is critical to respond to a potential or current Title IX or other academic disciplinary proceeding as quickly and effectively as possible. Although a disciplinary proceeding pursued by an educational institution may initially appear to be less serious than one pursued in a civil or criminal proceeding, the ultimate short-term and long-term consequences to a student, faculty member, administrator or school employee can be devastating. In addition to the possibility of being expelled or suspended from a university or other academic institution (without the ability to recoup tuition and fees), a finding of misconduct in a Title IX or other academic disciplinary proceeding can further result in a costly civil lawsuit against the individual and potential criminal penalties such as jail or prison time, fines, and a criminal record that can damage one’s reputation and career interests for decades to come. Thus, our attorneys make it our mission to zealously defend our clients’ interests in all Title IX and other academic disciplinary proceedings to protect and promote their current academic standing and future endeavors.

What is Title IX?

Title IX is a federal civil rights law enacted in 1972 that people commonly associate with the obligation of educational institutions to provide equity in sporting activities on the basis of sex. While that is one aspect of the law, Title IX additionally has, over the years, applied to the actions of private individuals attending educational institutions, creating massive legal and reputational risks for accused students, faculty, and administrators accused of misconduct in disciplinary proceedings. Indeed, academic institutions are required to pursue disciplinary proceedings when certain allegations are made, such as those relating to sexual harassment, sexual assault, stalking, gender discrimination, and domestic violence.

Unlike typical criminal investigations, Title IX proceedings often are pursued by academic institution employees rather than law enforcement, and those facing discipline may not necessarily be provided the same due process and other civil rights protections required in criminal investigations. For example, a student or administrator may not be provided with a defense attorney or advised to seek out legal counsel to assist in responding to the proceedings. At the same time, universities and other academic institutions often face great internal and external pressure to quickly assign blame and impose harsh disciplinary measures against alleged offenders even where conflicting or seemingly insufficient evidence of wrongdoing exists.

Other Academic Disciplinary Proceedings

In addition to Title IX violations, students and others can face disciplinary proceedings from academic institutions related to alleged misconduct. This can include proceedings against a student or faculty member for alleged:

  • Academic misconduct including plagiarism and cheating
  • Theft of research and trade secrets
  • Violations of drug and alcohol policies
  • Hazing 
  • Physical assault
  • Professional misconduct

As with Title IX violations, colleges, universities, and high schools may pursue such disciplinary proceedings against students and faculty members outside of the legal system in prosecutions led by university officials but which may not provide those facing discipline with the due process protections that they deserve, despite the fact that those targeted in disciplinary proceedings may face severe immediate and collateral consequences as a result.

The Consequences of a Title IX or Other Disciplinary Proceeding

Because a Title IX or other academic disciplinary proceeding may not appear to be as formal as a criminal or civil litigation proceeding, some make the mistake of not engaging with experienced defense counsel to effectively respond to the disciplinary proceedings. This may be due to a fear that retaining defense counsel implies guilt, a misconception about the seriousness of the consequences of a Title IXor other disciplinary proceeding, or any other concern that it would be ineffective or inappropriate to work with counsel in responding to such proceedings.

Failing to obtain effective defense counsel in a Title IX or other disciplinary proceeding, however, can have profound, negative consequences for the immediate and future prospects of a student, administrator, faculty member, or employee. An expulsion, suspension, or termination can result in an inability to recover costly fees, difficulty in enrolling at another academic institution, and a disciplinary record that can damage future employment and other opportunities. Additionally, a finding of misconduct can form the basis of a civil lawsuit alleging significant financial damages or a criminal proceeding where jail or prison time is sought. Furthermore, Title IX and other academic disciplinary proceedings – which often proceed very quickly before an individual has time to appreciate the consequences – can be very difficult to later appeal. Thus, it is critical to engage with experienced defense counsel in academic disciplinary proceedings where there is the potential for significant consequences.

Responding to a Title IX or Other Disciplinary Proceeding

The attorneys of Zweiback, Fiset & Zalduendo provide comprehensive counsel and zealous representation on behalf of students, faculty, administrators, and employers who are currently facing Title IX or other academic disciplinary proceedings, or who are concerned that they may soon face such proceedings.

Whether our attorneys are providing confidential counsel to clients and their families to assist in responding to potential proceedings or are actively engaged in directly defending clients in front of academic tribunals, we will take all necessary steps to promote our clients’s interests, including but not limited to: collecting and analyzing information and evidence to determine the weight of the allegations and potential responses; advising clients on communications with academic officials, other interested parties, law enforcement, and others; negotiating directly with school representatives to work towards positive outcomes; ensuring that clients receive due process protections and that institutions abide by relevant procedural policies; and directly representing clients in disciplinary and courtroom proceedings.

Contact one of our Experienced Title IX Attorneys

If you or a member of your family is facing or may potentially be facing the prospect of a Title IX disciplinary proceeding based on allegations of sexual misconduct, professional misconduct, academic misconduct, code of conduct violations related to drug or alcohol use, discrimination, or other violations, it is important to take decisive action to protect your interests. The approach of attempting to “go it alone” in the hope that the issue will be quietly resolved in a positive manner without the help of experienced counsel and guidance can result in irreversible negative consequences that can impact a person’s educational and professional life for decades to come.

The attorneys of Zweiback, Fiset & Zalduendo understand the stress, anxiety, and fear that comes with a Title IX disciplinary – or even the threat of such a hearing – and we provide zealous counsel and representation to help our clients avoid negative outcomes and move on with their lives. If you or a family member are facing an academic disciplinary proceeding, contact our office to speak with an experienced defense attorney regarding your situation today.

August 30, 2019

Environmental & Natural Resources Litigation

Zweiback, Fiset & Zalduendo has extensive experience representing clients in environmental investigations, enforcement actions, and litigation. Our attorneys provide expert guidance on regulatory obligations and skillful defense in both judicial and administrative actions.
Our attorneys have significant experience negotiating criminal, civil, and administrative settlements before many government entities, including the U.S. Environmental Protection Agency (EPA), U.S. Department of Justice (DOJ), Air Quality Management District (AQMD), and District Attorneys’ offices. Our expertise extends to counseling clients in federal criminal prosecutions of alleged violations of the Clear Air Act and Clean Water Act, and we have achieved favorable settlements with the U.S. Environmental Protection Agency and the U.S. Department of Justice, among others.
With decades of experience working in the highest level of government and at the nation’s leading litigation firms, our attorneys are able to provide clients of various sizes and across industries with the expert environmental and natural resources counsel and defense representation they need to tackle complex legal challenges while maintaining the efficient, personal approach of a boutique litigation firm that preserves client resources and focuses on our clients’ overall goals and economic picture. 

Matters our Environmental & Natural Resources Litigation Lawyers Handle

In addition to strict federal environmental and natural resources compliance guidelines that must be met, many of our clients also face complex California state compliance requirements which can lead to investigations, enforcement actions, civil lawsuits pursued by government entities and private plaintiffs alike, and, in some cases, criminal investigations and prosecutions. 

Federal Environmental and Natural Resource Investigation and Enforcement Proceedings

The United States Environmental Protection Agency (EPA) is the primary federal agency overseeing the compliance of individuals and businesses with federal environmental law. The EPA has the power to institute environmental and natural resource investigations targeting private entities and to pursue enforcement actions against those entities for violations of the Clean Water Act, Clean Air Act, and other environmental laws related to natural resources and endangered species. If successful, an enforcement action can result in significant financial penalties, injunctive relief including expensive and onerous requirements for a defendant to come into compliance with federal guidelines, and additional requirements. Furthermore, a successful federal enforcement proceeding can result in severe reputational damage for a defendant and may lay the grounds for a successful civil lawsuit by private parties. The attorneys of Zweiback, Fiset & Zalduendo understand the severe consequences for a target of a federal investigation and/or enforcement action, and have the skills and experience – including decades of experience in the highest levels of federal government – to guide our clients through federal investigations and enforcement actions and work towards the optimal outcome for our clients, including favorable settlements and the termination of investigation and enforcement proceedings.  

California State Environmental and Natural Resource Investigation and Enforcement Proceedings

California is widely known for having some of the most strict and complex environmental and natural resource laws and enforcement frameworks in the nation. While the California Environmental Protection Agency (CalEPA) is the chief state agency overseeing legal issues related to the environment, individuals and businesses operating in California also must maintain compliance with oversight from the California Air Resources Board (ARB), Local Air Pollution Districts, the State Water Resources Control Board (SWRCB) and its nine Regional Water Quality Control Boards, the Department of Toxic Substances Control (DTSC), the Certified Unified Program Agencies (CUPA), the Office of Environmental Health Hazard Assessment (OEHHA), the Department of Pesticide Regulation (DPR), County Agricultural Commissioners, and the office of the California Attorney General. 
Our attorneys provide compliance counsel to individuals and businesses in developing and implementing procedures, policies, and frameworks to maintain compliance with the complex requirements of California environmental and natural resource law. When investigations and enforcement actions do take place, Zweiback, Fiset & Zalduendo provides zealous defense representation to help our clients obtain favorable outcomes that minimize financial and reputational consequences. 

Criminal Environmental and Natural Resource Proceedings

Individuals and businesses can face criminal penalties – including significant monetary fines and jail or prison time – for violations of a number of environmental and natural resource legal statutes, including for violations of the US Clean Water Act, the US Clean Water Act, and other hazardous waste and environmental laws pursuant to federal and California state law. In recent years, the federal government has successfully convicted thousands of individuals and businesses for violations of environmental laws and extracted billions of dollars in criminal fines. Our attorneys have significant experience in both environmental law and in defending parties against criminal prosecutions, and will zealously fight to defend you or your business in any criminal proceeding prosecuted by the Department of Justice and/or state regulators and prosecutors to protect your financial interests and your future.  

Civil Environmental and Natural Resource Lawsuits 

In addition to federal and state investigation and enforcement legal challenges related to environmental and natural resource law, individuals and businesses can face potentially costly civil litigation pursued by private plaintiffs and private organizations. Such lawsuits can present existential risks for individuals and businesses as the consequences can include hugely significant jury verdicts, lasting reputational damage, and complex legal proceedings that can continue for years and drain client resources. With our extensive experience in successfully resolving complex private party litigation, Zweiback, Fiset & Zalduendo is able to provide superior environmental and natural resource defense counsel for our clients while employing an efficient, lean approach that both vigorously pursues favorable outcomes and preserves client resources. 

Contact our Experienced Environmental Resource Attorneys

The threat to a business of an environmental and/or natural resource investigation or enforcement action by government authorities or a lawsuit pursued by private plaintiffs can bring with it the potential for steep fines and jury verdicts, onerous compliance oversight requirements, reputational damage, and long and challenging legal proceedings. It is therefore important for individuals and businesses facing legal challenges related to environmental and natural resource issues to engage with skilled and experienced defense and compliance counsel at the first sign of such a threat to a business’ well-being and future standing.
The attorneys of Zweiback, Fiset & Zalduendo have made it their mission to provide skilled defense and compliance counsel to businesses and individuals in complex environmental and natural resource proceedings that powerfully defends our clients’ interests throughout the litigation, investigation, enforcement action, or compliance process.  Our attorneys creatively and efficiently strategize towards positive resolutions that serve our client’s comprehensive, long-term goals. If you or your business are facing a complex proceeding related to environmental or natural resource issues, contact our office to speak with an experienced attorney regarding your situation today. 

August 30, 2019

Administrative & Regulatory Actions

Administrative & Regulatory Actions

Zweiback, Fiset & Zalduendo is highly experienced in administrative law and regulatory actions and can expertly assist clients in regulatory compliance matters before local, state, federal and international administrative agencies. We combine industry knowledge, extensive regulatory experience, and unrivaled litigation skills to help our clients defend against agency and industry enforcement actions. 
Our attorneys also advise clients on compliance matters to develop and/or improve upon compliance policies, procedures, frameworks, and infrastructure to improve business and professional operations while mitigating the risk of future administrative and regulatory actions. Because of our firm’s lean structure and efficient approach to resolving administrative and regulatory proceedings, we are able to provide effective counsel and representation to individuals and businesses of various sizes that preserves client resources and that is fine-tuned to the overall economic circumstances of our clients. 

State and Federal Administrative and Regulatory Actions

Zweiback, Fiset & Zalduendo provides counsel and defense representation to clients in maintaining compliance with state and federal regulations and in responding to administrative and regulatory compliance and enforcement actions. We are able to provide the efficient, personal approach of a boutique law firm while at the same time draw upon our attorneys’ vast experience in the highest levels of government and at a number of the nation’s prestigious law firms to help our clients navigate the complex compliance requirements and enforcement challenges presented by state and federal administrative and regulatory frameworks. 
We work with clients of all sizes and life spans from startups to Fortune 500 companies in developing compliance procedures and defending against enforcement actions across a range of industries, including healthcare, municipal bodies, tech providers, manufacturers, and others. Our experience includes defending clients before such state and federal administrative and regulatory bodies as the Department of Justice (DOJ), the Drug Enforcement Administration (DEA), the Food and Drug Administration (FDA), the Environmental Protection Agency (EPA), the Federal Communications Commission (FCC), the Internal Revenue Service (IRS), the Federal Trade Commission (FTC), the California Medical Board (CMB), the California State Board of Nursing, the California Board of Pharmacy, and the California Health Authority. 

International Administrative and Regulatory Actions

Individuals and entities who conduct international business and engage in cross-border activities in our ever-flattening world face increasing legal challenges from international administrative and regulatory bodies. In particular, those businesses in the international environmental and data sectors find themselves under increasing pressure to comply with complex regulatory frameworks issued by the European Union and other international authorities. 
Our attorneys have significant experience in providing compliance counsel to entities regarding international compliance issues and in defending entities before international administrative and regulatory tribunals. Our experience includes expertise in international privacy and data protection law pursuant to the European Union and other overseas jurisdictions and providing counsel on complex cross-borders transactions. Our attorneys have provided representation for clients before international tribunals including the International Court of Arbitration (ICC) and European Court of Justice (EJC).

Securities and Financial Regulatory Actions

Businesses, entrepreneurs, investors, fund managers, investment advisors, banks, and other financial institutions face significant compliance requirements and oversight from administrative and regulatory bodies, and our attorneys work with clients in the financial sector and those businesses and individuals subject to regulatory oversight to manage their compliance risks and defend against enforcement actions. We understand that, in addition to the costs and penalties potentially associated with financial regulatory actions, our clients face significant reputational damages, and we zealously work to comprehensively protect our clients’ interests. 
We have extensive experience defending our clients in enforcement actions by the Securities and Exchange Commission (SEC), and act quickly and assertively at the first sign of an enforcement action to develop and implement defense strategies to mitigate negative consequences, secure positive outcomes, and advance improvements to compliance practices to prevent future losses. We also provide counsel and representation to individuals and entities in the financial sector facing potential compliance challenges and enforcement actions from the Financial Industry Regulatory Authority (FINRA), state attorney general offices, and other financial regulatory bodies.

Professional Administrative and Regulatory Board Actions

Physicians, healthcare professionals, attorneys, real estate professionals, mental health professionals and others must comply with applicable regulatory provisions and administrative oversight, and, as a result, can face significant reputational risks and threats to their livelihoods when faced with the loss of a license or other oversight action. Our attorneys provide comprehensive guidance and counsel to professionals facing administrative and regulatory board actions to ensure that they are provided the due process rights they are obligated to receive, and we present a robust and proactive defense on their behalf to protect their present and future financial and reputational interests. We also provide counsel and representation on appeals of administrative and regulatory board actions in addition to seeking relief for our clients in state and federal court from procedurally defective board actions. 

Schedule a Consultation with an Attorney

Administrative and regulatory actions may seem initially routine but can quickly evolve and expand into complicated, long-running affairs that have the potential to negatively impact your livelihood and/or business in a significant manner for years to come. Furthermore, appealing an adverse administrative or regulatory action, either before the same body or in a state or federal court, can be a deeply complex uphill battle. Our attorneys have the experience to help clients avoid or minimize adverse administrative and regulatory actions before they arise by providing compliance counsel, and we also have the skills necessary to vigorously defend clients against enforcement actions and to appeal adverse agency decisions. 
Whether you are concerned about avoiding a future enforcement action or are currently facing a challenging administrative and regulatory action, it is important to engage experienced counsel to assist in and guide your compliance procedures and enforcement action responses as early in the process as possible. The attorneys of Zweiback, Fiset & Zalduendo are committed to providing superior administrative and regulatory counsel and defense representation that powerfully defends our clients’ interests in any compliance challenge they meet.  Our attorneys creatively and efficiently strategize towards positive resolutions that serve our client’s comprehensive, long-term goals. If you or your business are facing a complex administrative or regulatory proceeding or are seeking to improve your compliance infrastructure, contact our office to speak with an experienced attorney regarding your situation today.

  • Department of Justice (DOJ)
  • Securities and Exchange Commission (SEC)
  • Food & Drug Administration (FDA)
  • State Attorneys General
  • District Attorneys
  • City Attorneys
  • Drug Enforcement Administration (DEA)
  • Environmental Protection Agency (EPA)
  • Federal Communications Commission (FCC)
  • Internal Revenue Service (IRS)
  • Federal Trade Commission (FTC)
  • The International Court of Arbitration (ICC)
  • European Court of Justice (ECJ)
  • California Medical Board (CMB)
  • California Board of Pharmacy
  • California State Board of Nursing
  • California Health Authority
August 30, 2019

False Claims

False Claims Act lawsuits – also referred to as FCA or qui tam lawsuits – are complex litigation proceedings that can often continue for years with high financial and reputational stakes for both defendants and plaintiffs alike. Individuals and entities in many industries face the threat of FCA lawsuits, with those in the medical and defense industries facing a particularly high risk of FCA litigation.  In some cases, those accused of submitting false claims to state or federal governments face criminal penalties as well.  

Whether you or your company face the potential threat of an FCA lawsuit, or you have acquired knowledge of activities that may constitute a violation of the FCA such that you may be eligible to bring a whistleblower complaint, it is critical to obtain legal counsel at the earliest stages to protect your interests. The attorneys of Zweiback, Fiset & Zalduendo have significant experience representing both defendants in FCA lawsuits as well as whistleblower plaintiffs and have the skills to work with individuals and companies to navigate the difficult terrain of a qui tam lawsuit and guide clients towards positive outcomes. 

What is the False Claims Act?

The False Claims Act imposes significant liability on those who defraud the US government. Since that time, many states have enacted similar provisions. Individuals and businesses accused of face significant penalties for violations of the FCA, including treble damages and potential criminal penalties. 

The FCA includes a “qui tam” provision which incentives private individuals to bring forth evidence of false claims by providing such whistleblowers with 15% to 30% of the damages recovered, which can be quite substantial. When a private party brings an FCA lawsuit, the government has the option of joining the plaintiff in pursuing the lawsuit, but the plaintiff may pursue the case regardless of the government’s involvement. 

What Does a False Claims Act Lawyer Do?

On the plaintiff’s side, FCA attorneys work with potential whistleblowers to assess and gather evidence for the purpose of asserting a qui tam claim against an individual or company. They then draft the lawsuit – typically without the defendant’s knowledge that a lawsuit is being prepared – and then prosecute the lawsuit, which may or may not be joined by the government to recover damages and penalties. Again, qui tam plaintiffs stand to collect 15% to 30% of the total recovery in an FCA lawsuit, and, given that numerous FCA lawsuits have resulted in recoveries in the hundreds of millions of dollars, a plaintiff may stand to collect an enormous financial recovery. 

FCA defense attorneys respond to False Claims Act lawsuits to defend the individuals or entities accused of wrongdoing. This process can include fact gathering and internal investigations, responding to investigations and information requests from federal and state agencies, negotiations with the plaintiffs and governmental entities, litigation, and ongoing counsel to the client in defending its interests in the immediate case and in creating practices and procedures to prevent future FCA risks. 

When is the Right Time To Call an FCA Attorney?

Potential whistleblower plaintiffs who believe they have evidence of a FCA violation are encouraged to speak with an attorney early in the process to determine whether a potential FCA claim exists, what next steps should be taken, and how best to proceed. There are numerous provisions in the law affecting whistleblower eligibility for a financial reward, and it is important to understand and conform with these legal provisions to protect one’s interests. Furthermore, it is critical to properly navigate internal dynamics at the earliest stages to avoid retaliation and other negative consequences, which can be extremely difficult and potentially fatal to the success of an FCA whistleblower recovery without legal counsel. 

For individuals and companies facing potential FCA claims, it is similarly important to engage counsel at the first sign of such a claim, even if no such claim has yet been asserted. Whistleblower plaintiffs typically are working with counsel for weeks or months prior to asserting a claim (as is in their strategic interest to do so), thus waiting for a lawsuit to be served before engaging counsel can put you and your company far behind the starting line. 

Matters That Our False Claims Attorneys Handle

Our attorneys have extensive knowledge of and experience in both asserting and defending against FCA claims. We assist plaintiff whistleblowers in developing and pursuing their FCA claims.  We also provide aggressive defense and counsel to individuals and entities facing potential FCA risks and who are involved in FCA litigation. We have the ability to work with plaintiffs and defendants across industries, including but not limited to the following. 

Medicare & Medicaid Fraud

Medicare and Medicaid fraud is a frequent ground for bringing an FCA claim whether under federal or state law. Physicians, hospitals, HMOs, managed care organizations (MCOs), skilled nursing facilities and other healthcare service providers can be liable of FCA violations for a number of alleged practices, including upcoding, unnecessary services, billing for unrendered services, improper unbundling of services, and other acts violative of the FCA. 

Furthermore, the potential for an FCA claim in the context of Medicare and Medicaid is high due to the number of personnel involved in the process – potential whistleblower plaintiffs bringing forth evidence of such fraud can include doctors, pharmacists, nurses, healthcare executives, and anyone involved in the billing and reimbursement process. 

Pharmaceutical Fraud

Some of the largest FCA fines and penalties have been levied against entities in the pharmaceutical industry, including numerous recoveries in the hundreds of millions of dollars against single defendants. As whistleblower plaintiffs stand to recover between 15% of the 30% of the total amount of recoveries paid by pharmaceutical company defendants. The incentive remains high for such whistleblowers – which can include employees, scientists, engineers, pharmaceutical executives, and others – to come forward with evidence supporting a potential FCA claim. Frequently, the underlying acts at issue in pharmaceutical FCA claims include activities such as paying speakers to steer physicians towards certain drugs, other perceived “kickbacks” to doctors to increase prescriptions, manipulating copays of prescriptions to increase sales, and making false and misleading claims regarding the efficacy and safety of prescription drugs. 

Procurement Fraud

Any contractor or supplier providing goods or services to the federal government faces the risk of an FCA lawsuit if allegations that fraud was involved in the process are raised. Similarly, many state governments allow for state-level false claims act proceedings to be brought against contractors and suppliers. The federal government has indeed recovered billions of dollars in damages via FCA lawsuits against contractors and suppliers, often related to defense procurement and disaster relief efforts but which can conceivably include any good or service provided to the government, for actions such as providing subpar products or services, inflation of labor hours, false pretenses in winning contracts, falsification of invoices or progress made, and kickbacks and bribery. 

Scheduling a Consultation with an Attorney

For both whistleblower plaintiffs and defendants alike, the process of litigating an FCA claim is often long (many such lawsuits average 3-5 years in length) and filled with risk. It is important to work with experienced FCA counsel from the earliest stages of either asserting or responding to a FCA claim to protect your interests and maximize your chances of a positive outcome. Our attorneys have combined decades of experience in both the federal government and in the highest levels of private practice, and are ready to work with you to counsel you and/or your business on any FCA issues you may be facing.

August 30, 2019

Public Officials & Government Entities

The attorneys of Zweiback, Fiset & Zalduendo have over 30 years of experience successfully representing cities, counties, school districts, joint powers authorities, and state agencies, as well as their officials and employees in high-stakes litigation, state and federal investigations, and enforcement actions related to, among other things, bribery and corruption, civil rights violations, cybersecurity and data privacy, whistleblower claims, and discrimination claims.

We understand the unique challenges that public officials and government entities face and the limited resources often available to address the legal issues they must resolve, and we are able to provide efficient and effective counsel and representation to our clients on a cost-effective basis while bringing to the table our team of attorneys’ wide range of experience, including decades of service in the highest levels of government and at the nation’s leading litigation firms. 

Public Official & Government Entity Cases We Handle

Our attorneys have worked on behalf of public officials, cities, counties, school districts and other government entities to address a wide range of legal challenges, and we have the experience and skills to assist clients across numerous issues, including the following. 

Political Corruption

Our attorneys have extensive experience representing public officials and government entities in political corruption cases, including cities, counties, school districts, agencies, and city and state officials and employees. We understand the unique challenges and reputational risks that those involved in political corruption investigations and prosecutions face, and we strategically tailor our defensive approach to protect our clients’ interests and reputations while minimizing collateral consequences.  

Bribery

We provide counsel and representation to public officials and government entities facing potential criminal and civil penalties – in addition to reputational damages –  in a variety of legal contexts involving alleged bribery. Our attorneys have the skills necessary to guide clients through proceedings and investigations relating to Foreign Corrupt Practices Act (FCPA) and other international corruption violations; receiving bribes, kickbacks, and gifts; and other alleged improper transfers of funds, property, or favors in exchange for benefits. We provide all necessary legal services for public officials and government entities to address bribery proceedings, including conducting internal investigations, responding to enforcement actions, and defending against both state and federal prosecutions. 

Obstruction of Justice and Civil Rights Violations

Public officials and government entities – including police officers, police departments, district attorney offices, state prosecutors, and other investigative and prosecutorial agencies and officials – have long faced negative consequences and adverse civil and criminal outcomes for alleged violations of the civil rights of individuals. In recent years, the focus on the civil rights liability of public officials and government entities has only increased, and there is tremendous pressure from the media and public to obtain swift redress against those alleged to have violated the civil rights of others. The consequences public officials and government entities face in these circumstances can include criminal charges and convictions, loss of one’s livelihood and reputation, and massive jury awards that can significantly deplete the resources of many cities and counties. Our attorneys have worked on behalf of numerous parties accused of wrongdoing in the public arena – including the former Sheriff of Los Angeles County and a former Los Angeles City Attorney – and we have the experience to effectively and zealously defend our clients in order to protect their freedom, financial interests, and reputation. 

Cybersecurity and Data Privacy 

In an increasingly technologically connected world, public officials and government entities face significant cybersecurity and data privacy threats from sources both domestic and international, and, as a result, may face liability for alleged failures to meet compliance requirements and effectively respond to external threats.  We are an industry leader in cybersecurity and data privacy legal proceedings, and firm co-founder Michael Zweiback brings unrivaled experience to cybersecurity proceedings having previously served in the U.S. Attorney’s Office as the Chief of Cyber and Intellectual Property Crimes Section, Principal Advisor to the U.S. Attorney General’s Advisory Committee in Cyber Crime, and Deputy Chief of the Terrorism and Organized Crime Section. Our attorneys can provide legal counsel and guidance to officials and entities dealing with legal challenges relating to, among other things, data breaches, data loss, ransomware, and privacy law violations. 

Whistleblower Claims

Whistleblower claims can threaten the interests and resources of local, state, and federal entities and public officials across a wide range of legal issues, including but not limited to: misuse of public resources, self-dealing, kickbacks, retaliation, public safety, discrimination, and harassment. The fallout from a whistleblower claim can be swift and severe for public officials and government entities, and can lead to reputational damage, costly civil lawsuits, and even state and federal criminal investigations and proceedings. Our attorneys have extensive experience both defending against whistleblower claims and can provide expert counsel guidance on proper responses to such claims and aggressive representation in defending against investigations and both civil and criminal proceedings based on whistleblower complaints. 

Discrimination and Americans with Disabilities Act (ADA) Claims

Public officials and government entities can face significant civil liability for alleged violations of state and federal discrimination and civil rights laws, including liability for: gender discrimination, racial discrimination, sexual orientation discrimination, age discrimination, sexual harassment, Americans with Disabilities (ADA) violation claims, fair housing claims, and related claims. Such claims can threaten the reputation of defendants and result in large jury verdicts and settlements for plaintiffs that strain public resources. Our attorneys provide counsel to public officials and government entities to help address and mitigate litigation risk and robust defense counsel in pursuit of the dismissal of claims and/or the minimization of damages. 

Speak with an experienced Public Official & Government Entity Lawyer

The attorneys of Zweiback, Fiset & Zalduendo are dedicated to zealously working on behalf of public officials and governmental entity clients in order to powerfully defend their interests, minimize damages and other adverse consequences, and protect their reputations while preserving their resources.  Our attorneys creatively and efficiently strategize toward positive resolutions that serve our client’s comprehensive, long-term goals.  If you are a public official or work on behalf of a governmental entity facing a litigation proceeding, investigation, or other legal challenges, contact our office to speak with an experienced defense attorney regarding your situation today. 

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