Michael E. Clark

Michael E. Clark

Michael E. Clark
  • Business Law, Health Care Law, White Collar Crime...
  • Texas
Badges
Claimed Lawyer ProfileSocial Media
Summary

Summary I'm an experienced litigator, part-time academic, and author who has handled many difficult and sensitive representations in over 30 years of practicing law. My practice focuses mainly on federal court matters. I've long enjoyed a Martindale-Hubbell AV Preeminent 5.0 Peer Review rating, and am also listed by SuperLawyers and Best Lawyers. I am quite comfortable with appearing before juries and judges because of the experience from years of trying cases (100+ cases as lead counsel), handling many appeals, and teaching trial skills to lawyers and students as an Adjunct Professor of Law and a faculty member for the National Institute of Trial Advocacy. I am very active in the legal community, and my peers have selected me to serve in various leadership positions for professional organizations. I am an Adjunct Professor of Law at the University of Houston Law Center (where I've taught Civil & Criminal Trial Advocacy, Food & Drug Law, and Antitrust & Health Law). In addition to my J.D., I hold LL.M. degrees (Tax and Health Law). Since the late 1980s, I have been Board Certified in Criminal Law by the Texas Board of Legal Specialization and the National Board of Trial Advocacy. I have spoken nationally (and internationally), and have written about issues in antitrust, compliance and governance, cybersecurity, health law, pharmaceutical law, securities law (including the FCPA), and white collar defense. I developed and serve as Editor-in-Chief of an annually supplemented pharmaceutical law treatise (BNA 2007). I have written several book chapters, and dozens of published articles.

Practice Areas
  • Business Law
  • Health Care Law
  • White Collar Crime
  • Gov & Administrative Law
  • Appeals & Appellate
  • Arbitration & Mediation
  • Antitrust
Additional Practice Area
  • Commercial Litigation
Fees
  • Rates, Retainers and Additional Information
    Appropriate retainers are required for all new clients.
Jurisdictions Admitted to Practice
Texas
5th Circuit
U.S. Supreme Court
Professional Experience
Special Counsel
- Current
I am part of Duane Morris' Trial Practice and Healthcare Practice Groups where, in addition to business litigation, I handle matters involving health care law and white collar defense in such areas as securities and financial fraud, corporate compliance and governance, and corporate internal investigations.
Partner
Hamel Bowers & Clark LLP
-
Partner
Gardere Wynne Sewell LLP
-
I worked in the firm's white collar and health law practice groups, where I handled a variety of civil and white collar defense matters
Chief, Criminal Division & Assistant U.S. Attorney
U.S. Attorney's Offfice, Southern District of Texas
-
During my last four years as a federal prosecutor, I was the Chief of the Criminal Division for the U.S. Attorney's Office in the Southern District of Texas, and managed around 50 federal prosecutors, maintained an active caseload, and regularly met with senior federal enforcement agency contacts to coordinate case development and priorities. Before being selected for this position, I served as a chief of the Financial Fraud Division during the Savings & Loan Crisis period. Before that, I served as a prosecutor handling a wide variety of federal cases and tried many cases.
Assistant District Attorney
Galveston County District Attorney's Office
-
In this position, I moved through the ranks from being a misdemeanor prosecutor, to being the Chief of the Family Law Section, and then being a felony prosecutor -- during which time I tried dozens of cases and handled an extensive number of appeals. I also was cross-designated as a Special Assistant U.S. Attorney near the end of my tenure in this position, which led me to seek employment with the U.S. Attorney's Office.
Education
University of Houston - Main Campus
LL.M / (Health Law)
-
University of Houston - Main Campus
LL.M / Taxation
-
South Texas College of Law
J.D / Law
-
University of Texas - Arlington
B.A / English
-
Awards
Texas SuperLawyers 2013
Superlawyers
Best Lawyers (Health Law)
Best Lawyers
2012 Top Rated Lawyers Annual Guide to Health Care Law
Corporate Counsel Magazine
Texas SuperLawyers 2012
Superlawyers
Texas Super Lawyers 2011
Superlawyers
Houston's Top Lawyers for 2010
H Texas Magazine
Texas Super Lawyers 2010
Superlawyers
Houston Top Lawyers for 2009
H Texas Magazine
Texas Super Lawyers 2009
Superlawyers
Texas Super Lawyers 2008
Superlawyers
Houston's Top Lawyers for 2008
H Texas Magazine
Texas Super Lawyers 2007
Superlawyers
Fellow
American Bar Foundation
Attorney General's Director's Award
U.S. Department of Justice
Professional Associations
ABA Section of Health Law
Chair-Elect
- Current
ABA Section of Health Law
Vice Chair
- Current
University of Houston Law Center, Criminal Justice Institute
Advisory Board
- Current
ABA Section of Health Law
Secretary and Co-chair of Executive Publishing Committee
-
ABA Section of Health Law
Member, Governing Council
-
ABA Standing Committee on Publishing Oversight
Member
-
Activities: I was selected to this ABA-wide position by the President of the ABA
ABA Section of Criminal Justice
Cochair, South Texas Region, White Collar Crimes Committee
-
ABA Section of Business Law
Chair, White Collar Crimes Committee
-
Publications
Articles & Publications
Insights Into the SEC's Whistleblower Program
The Review of Securities & Commodities Regulation
Internal Investigations and Other Tools
The Practical Litigator (ALI-ABA)
SEC adopts final rules on Dodd-Frank Whistleblower Program
Journal of Investment Compliance
The Dodd-Frank Act's Bounty Hunter Provisions
The Review of Securities & Commodities Regulation
WHAT IS A “FOREIGN OFFICIAL”?: VAGUE TERM COMPLICATES CORRUPT PRACTICES ACT COMPLIANCE
Washington Legal Foundation
How Will Investigations and Lawsuits Arising Under the Qui Tam Provisions of the False Claims Act Affect You and Your Company?,
ABA Section of Health Law, 11th Annual Conference on Emerging Issues in Healthcare Law
Health Care Fraud Redux
Business Crimes Bulletin
Drug Compounding Activities: Another Risk Area for Compliance
CCH Health Care Compliance Letter
Evaluating and Minimizing the FCPA Risks when Conducting Business in Emerging Markets
The Practical Lawyer (ALI-ABA)
Bribes, Creative Accounting Don't Cut It in International Business
Houston Business Journal
Complying with The FCPA in Emerging Markets after SOX
Business Crimes Bulletin
Antitrust and Intellectual Law Issues for Pharmaceutical Companies
BNA & ABA Section of Health Law
Federal Regulation of Advertising
BNA and ABA Section of Health Law
Pharmaceutical Law: Regulation of Research, Development, and Marketing
BNA & the ABA Section of Health Law
Securities Law Issues and Disclosure Considerations for Pharmaceutical Companies
BNA & ABA Section of Health Law
Evaluating and Minimizing the Research Misconduct Risks
CCH Health Care Compliance Letter
Patient Euthanasia After Hurricane Katrina -- The Government's Role
The Health Lawyer
Stock Option Trading-Where Were the Lawyers and Auditors?
Business Crimes Bulletin
The Growing Importance of Securities Regulation for Publicly Traded Entities in the Post Sarbanes-Oxley Marketplace
Aspen
A step forward in recognition of compliance efforts: The SEC's January 2006 statement concerning financial penalties
CCH Health Care Compliance Letter
Corporate Cooperation in the Face of Investigations
The Health Lawyer
Daubert Motions in Business Crimes Cases
Business Crimes Bulletin
Statements During Negotiations as Evidence in a Criminal Trial
Business Crimes Bulletin
Antitrust and Managed Care
BNA and ABA Section of Health Law
Current Issues in Healthcare and Antitrust
Aspen
Current Issues in Pharmaceutical Marketing
Aspen
Hamstrung or Properly Calibrated: Federalism and the Appropriate Role of Government in the Post-Sarbanes-Oxley World
International Journal of Disclosure and Governance
Prosecuting Energy Trading Fraud Under the CEA
Business Crimes Bulletin
Legal Issues in Clinical Trials
Aspen
Steering a Course Between Antitrust and Patent Laws: Generic Drugs and Patent Fraud
BNA's Pharmaceutical & Medical Device Law Bulletin
Clinical Research and the False Claims Act: The Next Wave of Enforcement Emphasis?
BNA's Medical Research Law & Policy
Science Panels and Improving how Courts Address Expert Evidence: Seeing Both Sides
Medical Malpractice Law & Strategy
Whether the False Claims Act is a Proper Legal Tool for the Government to use for Improving the Quality of Care in Long-Term Care Facilities
The Health Lawyer
Nothing to Hyde? The Flood of Wrongful Recovery Suits has not Materialized
Criminal Justice
Certifications
Criminal Law
Texas Board Of Legal Specialization
Criminal Trial Advocate
National Board of Trial Advocacy
Websites & Blogs
Website
Website
Social Media
Contact & Map
Duane Morris LLP
1300 Post Oak Boulevard
Suite 800
Houston, TX 77056
USA
Telephone: (713) 402-3905
Fax: (713) 583-9182