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Michael E. Clark is a skilled, go-to litigator with extensive federal court experience, including 10 years when he represented the United States as an Assistant U.S. Attorney (during which time he served as the chief of the Criminal Division for the U.S. Attorney's Office in the Southern District of Texas and as a section chief of its Financial Fraud Division) before being recruited by a large firm to enter private practice as a lateral partner.

Michael is one of very few lawyers who has served as lead counsel in over 100 jury trials, some lasting months. He has taught lawyers and law students how to try cases and effectively handle depositions for the National Institute for Trial Advocacy (NITA) and as an Adjunct Law Professor for the University of Houston Law Center. Michael has handled dozens of appeals. He represents clients in complex litigation, including civil False Claims Act cases and investigations, business litigation, and in federal white collar criminal matters. He advises clients on regulatory compliance and corporate governance, handles arbitrations and mediations, and conducts internal investigations.

Beyond his litigation skills, Michael is a nationally recognized thought leader who is involved in three treatises, who has served on editorial boards, authored dozens of published articles, and presented to different groups on a variety of legal issues. His lengthy treatise on pharmaceutical and medical device law was jointly published by BNA Bloomberg Books and the ABA. His is the editor of the two volume treatise "Corporate Criminal Liability" (Thomson Reuters 3d Ed.) and the co-editor of the seven volume treatise "White Collar Crime" (Thomson Reuters 3d Ed.) Michael has taught on Food and Drug Law, Antitrust and Health Law, Pharmaceutical Fraud, and Trial Advocacy as an Adjunct Professor at the University of Houston Law Center and the College of Pharmacy at the University of Florida. Michael is very active in the ABA, where he is a past Chair of the Health Law Section; a past chair of the Business Law Section's White-Collar Crime Committee and a past member of the Editorial Board for "The Business Lawyer"; he is a past member of its Standing Committee on Publishing Oversight; a past liaison to the Standing Committee on Medical Professional Liability; and a co-founder and co-chair of the National False Claims Act Mock Trial Institute.

He has been interviewed by many media sources including the AP; Bloomberg Business, CBC, CNBC; CNN; Crain Chicago; Dallas Morning News; 48 Hours; Fox Financial, Health Channel; Health News Florida; Houston Chronicle; Medscape; Modern Healthcare; National Law Journal; New York Law Journal; New York Times; Reuters/Thomson, Texas Lawyer; Washington Post; Wolters Kluwer; and USA Today.

Michael has been recognized by Super Lawyers for 19 consecutive years and by Best Lawyers for several years, including as the top Health Care Attorney in Houston. He is currently listed in three areas by that rating agency: Commercial Litigation, Health Law, and White Collar Criminal Defense.

Representative Experience

Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.

  • Represented a physician in a government fraud probe; no charges were filed despite two targetletters threatening an indictment being sent.
  • Represented a physician following a search warrant executed at his medical practice; no charges were filed.
  • Represented a securities broker in a government fraud probe; no charges filed against him althoughothers were indicted and later convicted.
  • Represented individuals in separate securities fraud probes for insider trading; no actions pursued by SEC.
  • Represented an energy market executive in a major securities fraud and energy market fraud case; charges were dismissed on the eve of an estimated six-month trial.
  • Represented a hospital CEO in a government investigation.
  • Represented a psychologist in a government fraud probe; no charges were filed.
  • Represented a company in threatened employment actions; no charges were brought.
  • Represented a businessman at trial and on appeal in a Clean Air Act prosecution involving allegedviolations of the asbestos NESHAP. Won a Daubert challenge resulting in the exclusion of the government’s medical expert.
  • Represented a company as lead trial counsel in a federal court suit filed by injured workers and by survivors of a worker who died following a plywood plant explosion.
  • Represented an individual and various entities in an unsealed False Claims Act matter; charges against clients were resolved without clients having to pay monies.
  • Representing physicians in False Claims Act matters.
  • Representing a physician-owned entity in a civil False Claims Act government investigation.
  • Represented a laboratory owner in a civil False Claims Act investigation, in a criminal probe, and in an arbitration compelled by a federal court.

Professional & Civic Engagement

  • American Bar Association
    • Standing Committee on Specialization, Presidentially-Appointed Member, 2022 – 2023
    • Health Law Section, Former Chair; Past Chairs Advisory Board – Vice Chair (2020 – 2021), ABA Relations – Vice Chair (2020 – 2022).
    • Business Law Section, White-Collar Crime Committee, Former Chair
    • National False Claims Act Trial Institute, Planning Committee, Co-Chair
    • National Institute on Internal Investigations, Planning Committee, Co-Chair
    • Foreign Corrupt Practices Act Trial Institute, Planning Committee, Co-Chair
    • Standing Committee on Publishing Oversight (Former Member)
    • Medical Professional Liability Committee (former Liaison)
    • National Institute on Securities Fraud, Planning Committee, Former Member
    • The Business Lawyer, Editorial Board, Former Member
  • Federal Bar Association, Qui Tam Section
    • Board Member (2020-Present)
  • American Bar Foundation
  • Houston Bar Foundation
  • University of Houston Law Center
    • Adjunct Professor of Law
    • Criminal Justice Institute, Advisory Board (2005)
  • University of Florida College of Pharmacy, Adjunct Professor
  • National Institute for Trial Advocacy (NITA), Faculty Instructor for its Trial Skills, Deposition Skills, and Advanced Deposition Programs
  • The Foundation for Cancer Survivors, Former Director and Secretary

Thought Leadership

Publications

  • Co-Author, White Collar Crime (Third Edition), 2025
  • Co-Author, “Addressing Geographic Disparity In DOJ Taint Team Case Law,” Law360, June 20, 2023
  • Co-author – "With Great ‘Empowerment’ Comes Great Responsibility (and Risk) for CCOs Under Monaco Memo," Corporate Compliance Insights (January 18, 2023)
  • Editor-in-Chief of Treatise: "Pharmaceutical and Medical Device Law: Regulation of Research, Development, and Marketing," BNA Bloomberg Books and the ABA Health Law Section, Second Edition
  • Editor of Treatise: “Corporate Criminal Liability,” Thomson Reuters (Third Edition 2022--)
  • "Fifth Circuit Declares SEC's Quasi-Judicial Process Unconstitutional," republished in Texas Lawyer (May 2022)
  • Co-author – "Cybersecurity a Focus for Biden-Harris Administration in 2022," republished March 4, 2022 in CPO Magazine (February 2022)
  • Co-author – "SEC Enforcement Developments: Fessing Up and Paying Up" (October 2021)
  • Co-author – "SEC Developments: Strong Enforcement Wake Ahead," republished in Westlaw (April 2021)
  • Co-author – "COVID-19 Considerations for SEC Cybersecurity Guidance, Disclosure, Enforcement, and Parallel Proceedings: Navigating the New Normal," Journal of Investment Compliance (December 2020)
  • Co-author – "SEC Disclosures in the COVID-19 Enforcement Age," Wolters Kluwer (April 2020)
  • Co-author – "At the Crossroads: Legal Considerations Where Government Investigations Overlap with Tort Risk in Long Term Care," republished May 19, 2020 in McKnight's Long-Term Care News (April 29, 2020)
  • Co-author – "Spinning Crisis into Gold? Avoid Creating Future Hardship When Seeking Access to Government Relief," Wolters Kluwer (April 17, 2020)
  • Co-author – "False Claims After Circuits Split on Medical Necessity Issues," Bloomberg Law (April 2020)
  • Co-author – "Feds Crack Down on Hoarding of Scarce Materials and Price Gouging Due to COVID-19," Daily Business Review (April 7, 2020)
  • Co-author – "HHS Issues Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures" (April 3, 2020)
  • Co-author – "Department of Justice, States, SEC Pursue COVID-19 Enforcement Actions," Daily Business Review (April 2, 2020)
  • Co-author – "Insights from First Securities Fraud Class Action Suit Against a Drug Manufacturer Developing a COVID-19 Vaccine," republished March 24, 2020 in Texas Lawyer (March 18, 2020)
  • Co-author – "Silence is Not Always Golden: Recent Pharmaceutical Company Settlement with SEC Illustrates Various Risks Related to Disclosure Obligations of Reporting Companies," Part 3 (December 2019)
  • Co-author – "Silence is Not Always Golden: Recent Pharmaceutical Company Settlement with SEC Illustrates Various Risks Related to Disclosure Obligations of Reporting Companies," Securities Regulation Daily (December 2019)
  • Co-author – "Silence is Not Always Golden: Recent Pharmaceutical Company Settlement with SEC Illustrates Various Risks Related to Disclosure Obligations of Reporting Companies," Part 2 (December 2019)
  • Co-author – "Silence is Not Always Golden: Recent Pharmaceutical Company Settlement with SEC Illustrates Various Risks Related to Disclosure Obligations of Reporting Companies," Part 1 (December 2019)
  • Co-author – "Plausibility Requirement for Pleading in FCA Cases Remains a Viable Defensive Tool," Health Law Alert (September 2019)
  • Co-author – "Medicare Coding FCA Decision Is A Plausibility Reminder," Law360 (August 2019)
  • Editorial Board – CCH Health Care Compliance Letter, CCH Incorporated (2005 – 2011)
  • Editorial Board – The Business Crimes Bulletin, Law Journal Newsletters/American Lawyer Media, Inc. (2004 – 2011)
  • Editor-in-Chief – LJN's Bioethics Legal Review, Law Journal Newsletters/American Lawyer Media, Inc. (2005)
  • Editor-in-Chief – The Health Care Fraud & Abuse Newsletter, Law Journal Newsletters/American Lawyer Media, Inc. (2004)

Presentations

  • Presenter, "Navigating Change: The FCPA Under the Current Administration," State Bar of Texas, 23rd Annual Advanced Business Law Course, November 6, 2025
  • Co-Presenter, "FCPA and Global Anti-Corruption Updates," ACI Webinar, August 25, 2025
  • Presenter, “FCA Litigation: Leveraging Statistical Sampling and Extrapolation to Prove or Disprove Liability,” (July 26, 2024)
  • “Criminal and Civil Opioid Enforcement,” American Bar Association’s 33rd Annual National Instituteon Health Care Fraud, (May 5, 2023)
  • Panelist, Womble Bond Dickinson (US) LLP’s First Annual Health Care Fraud Symposium, (March 14, 2023)
  • Moderator – "Criminal and Civil Opioid Enforcement," National Institute on Health Care Fraud (May 3–5, 2023)
  • Faculty Member – "ABA National Institute on Health Care Fraud," Las Vegas, Nevada (June 22 – 24, 2022)
  • "Federal and State Enforcement and the Opioid Crisis," 32nd Annual National Institute on Health Care Fraud (June 2022)
  • Faculty Member – "Building Trial Skills: Houston," National institute for Trial Advocacy, Thurgood Marshall School of Law (May 13 – 17, 2022)
  • Co-presenter – "Paying the Piper: PPP and Related COVID, CARES ACT and AMERICAN RESCUE PLAN: A 2021 Retrospective of Enforcement Activity," Celesq® Webcast (December 2021)
  • Presenter – "Building Trial Skills: Houston," National Institute for Trial Advocacy (August 2021)
  • Co-presenter – "Paying the Piper: PPP and Related COVID RELIEF, CARES ACT, and AMERICAN RESCUE PLAN Enforcement: A 2021 Update," Celesq Attorneys Ed Center® (June 2021)
  • Co-presenter – "Evolving Foreign Trade Risks Under CFIUS: What Lies Ahead?," Celesq/West LegalEdCenter Webcast (February 2021)
  • Co-presenter – "Paying the Piper: PPP and Related COVID and CARES ACT Enforcement," Celesq® Webcast (November 2020)
  • Co-Chair – "Inaugural ABA False Claims Act Virtual Trial Program," American Bar Association (July 7, 2020)
  • Co-presenter – "No Free Lunch: Analysis of the CARES Act and Enforcement Risks,"Celesq® AttorneysEd Center (May 2020)
  • Co-presenter – "Insights from First Securities Fraud Class-Action Suit Against a Drug Manufacturer Developing a COVID-19 Vaccine," Celesq AttorneysEd Center Webcast (April 2020)
  • Faculty and Planning Committee – "ABA False Claims Act Trial Institute," New York, New York (June 19 – 21, 2019)
  • Moderator – "Inaugural ABA False Claims Act Virtual Trial Program," American Bar Association (July 7, 2020)
  • Co-presenter – "No Free Lunch: Analysis of the CARES Act and Enforcement Risks," Celesq® AttorneysEd Center (May 2020)
  • Co-presenter – "Insights from First Securities Fraud Class-Action Suit Against a Drug Manufacturer Developing a COVID-19 Vaccine," Celesq AttorneysEd Center Webcast (April 2020)
  • Faculty and Planning Committee – "ABA False Claims Act Trial Institute," New York, New York (June 19 – 21, 2019)
  • Moderator – "Post-Escobar Fraud and Abuse Standards of Proof: Is a Liability Tidal Wave Coming?," webinar, ABA Health Law Section's Conference (May 31, 2017)
  • Faculty Member/Presenter – American Bar Association First Annual Foreign Corrupt Practices Act Mock Trial Institute, Houston, Texas (November 16 – 17, 2016)
  • Faculty – "Second National False Claims Act and Qui Tam Institute," American Bar Association, Denver, Colorado (June 3 – 5, 2015)
  • Moderator – "Counterclaims in Qui Tam Cases: Emerging Strategies and Ethical Considerations," webinar, American Bar Association (May 7, 2015)
  • Speaker – "Expert Testimony in Health Care Trial," National CLE Conference, Vail, Colorado (January 7 – 11, 2015)

Media Mentions

 

Honors & Awards

  • Recognized in Chambers USA for Litigation: White-Collar Crime & Government Investigations (Texas), 2026-Present
  • Lawdragon 500 Leading Litigators in America for Complex Litigation, Investigations (2025-Present)
  • Recognized in The Best Lawyers in America (BL Rankings), Health Care Law (2014 - Present), Criminal Defense: White-Collar (2021 – Present), and Commercial Litigation (2021 – Present)
  • Named the Best Lawyers® “Lawyer of the Year” in Health Care Law – Houston (2020)
  • Super Lawyers Honoree, Texas Super Lawyers (Thomson Reuters) (2007 – Present)
  • Recipient of the Corporate LiveWire Global Award in Healthcare Law – Texas (2016, 2018 – 2020)
  • Listed as a "Top Lawyer" by Houstonia Magazine (2015, 2016)
  • Texas Civil Rights Project, Kristi Couvillon Pro Bono Award (2014)
  • Listed in the "Top Rated Lawyers Guide to Health Care Law" by Corporate Counsel (2012)
  • Listed as a "Top Lawyer in Houston" in White-Collar Defense by H Texas Magazine (2008 – 2010)
  • Received the Attorney General's Director Award from the U.S. Department of Justice (1996)
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Certifications

  • Board Certified in Criminal Law, Texas Board of Legal Specialization (1988 – Present) and the National Board of Trial Advocacy (1989 – Present)