Michael Clark is an accomplished litigator with years of experience in the federal government and subsequently in private practice. Before private practice, Michael had a distinguished government career, beginning as an Assistant District Attorney in Galveston County, Texas. He then served as an Assistant U.S. Attorney for the Southern District of Texas, where he was selected to be a chief of its Financial Fraud Division and then was elevated to be the chief of its Criminal Division. 

Michael has served as lead counsel in over 100 jury trials and handled dozens of appeals. Among other matters, he represents clients in complex litigation, including civil False Claims Act cases and investigations, advises clients on regulatory compliance and corporate governance matters, handles arbitration matters, and represents clients in internal investigations and trials. 

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 target letters 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 although others were indicted and later convicted.
  • Represented individuals in separate securities fraud probes for insider trading; no actions pursued by SEC.
  • 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 alleged violations of the asbestos NESHAP.
  • Represented a businessman at trial and on appeal in a Clean Air Act prosecution involving alleged violations of the asbestos NESHAP. Won a Daubert challenge resulting in the exclusion of the government’s medical expert.
  • 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.
  • Representing 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; 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, "Foxes or Hedgehogs: Evolving Taint Team Jurisprudence," Compliance & Enforcement, August 7, 2023
  • 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 of Treatise: “Corporate Criminal Liability,” Thomson Reuters (Second Edition 2022—)  
  • 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
  • "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)
  • Featured – "Feature Friday," ABA Health Law Section News (August 2018)
  • Author – "Securities Law Issues and Disclosure Considerations for Life Sciences Companies," Pharmaceutical and Medical Device Law (Bloomberg BNA/ABA Health Law Section, 2d Ed.)
  • Interview with Wolters Kluwer on "Strategic Perspectives: Ebola: Legal Implications for the Press, Health Care Workers, Providers, Patients, Employers and Employees" (November 2014)
  • Co-author – "Unlike Chess, Everyone Must Continue Playing After a Cyber-Attack," Journal of Investment Compliance, Vol. 14 Issue No. 4 (2013)
  • Author – "The Responsible Corporate Officer Doctrine," Journal of Health Care Compliance (January – February 2012)
  • "What is a 'Foreign Official?" and "Vague Term Complicates Corrupt Practices Act Compliance," Washington Legal Foundation (November 2011)
  • Co-author – "Insights into the SEC's Whistleblower Program," The Review of Securities & Commodities Regulation (October 2011)
  • Co-author – "SEC Adopts Final Rules on Dodd-Frank Whistleblower Program," Alert (June 8, 2011); republished in the Journal of Investment Compliance, Vol. 12 No. 3 (2011)
  • "The Dodd-Frank Act's Bounty Hunter Provisions," The Review of Securities & Commodities Regulation, Vol. 12 No. 3 (February 2011)
  • 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)
  • "Whistleblower Risks Just Increased: What to Watch For," Modern Healthcare (November 2010)
  • Co-author – "CMS's Stark Law Self-Referral Disclosure Protocol Raises Tough Decisions for Healthcare Providers," Alert (October 2010)
  • "U.S. Financial Reform: New Whistleblower Incentives and Protections, and More Enforcement Expected," Alert (August 24, 2010); republished in ABA Health eSource (September 2010)
  • 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

  • Moderator – "Criminal and Civil Opioid Enforcement," Health Care Fraud Seminar hosted by the Georgia State Bar (December 7, 2023)
  • “Criminal and Civil Opioid Enforcement,” American Bar Association’s 33rd Annual National Institute on 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)
  • Co-presenter – “Perspectives On Corporate Criminal Enforcement Under The Biden Administration," Association of Federal Defense Attorneys (November 19, 2022)
  • 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)
  • Instructor – "Deposition Skills," National Institute for Trial Advocacy, Houston, Texas (March 22 – 24, 2019)
  • Speaker – "A Fraud and Abuse Primer," ACI's 2nd Digestive Health Center Management and Development Conference, Houston, Texas (July 19 – 20, 2017)
  • 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)
  • 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)
  • Instructor – "Deposition Skills," National Institute for Trial Advocacy, Houston, Texas (March 22 – 24, 2019)
  • Speaker – "A Fraud and Abuse Primer," ACI's 2nd Digestive Health Center Management and Development Conference, Houston, Texas (July 19 – 20, 2017)
  • 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)
  • Moderator – "Yates Memorandum: The New Normal?," American Bar Association, Washington, D.C. (October 13 – 14, 2016)
  • Speaker – Seventh National Institute on Internal Corporate Investigations and Forum for In-House Counsel, American Bar Association, Washington, D.C. (April 27 – 29, 2016)
  • Faculty Member – "National Institute for Trial Advocacy's (NITA) Deposition Skills Program," Houston, Texas (March 2016)
  • Speaker – "Is a Liability Tidal Wave Coming? Post-Escobar Fraud and Abuse Standards of Proof," ABA Health Law Section's Conference, New Orleans, Louisiana (March 10, 2016)
  • Speaker – "Healthcare Fraud and Compliance Fundamentals," American Bar Association (November 12, 2015)
  • Panelist – "Steering Your Firm Through the Fog of the 'Cloud': How to Navigate Before You are Navigated," American Bar Association (June 15, 2015)
  • Speaker – "Anatomy of an Investigation," American Bar Association's 2015 Physician Legal Issues Conference, Chicago, Illinois (June 10 – 12, 2015)
  • 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)
  • Speaker – "Medical Device & Legal Professionals: A Collaborative Exchange," American Bar Association and Medical Device Manufacturers Association, Washington, D.C. (December 11 – 12, 2014)
  • Speaker – 12th Annual Washington Health Law Summit, American Bar Association, Washington, D.C. (December 8 – 9, 2014)
  • Panelist – "Europe v. U.S. Food, Drug, Device & Tobacco Regulation & Policy: Emerging Issues and Comparative Analysis," The Food and Drug Law Institute, Brussels, Belgium (November 13 – 14, 2014)
  • Tweet Chat, ABA Health Law Section (November 5, 2014)
  • Interview with Talk 910 Radio Station: "Quarantine Parameters" (October 30, 2014)
  • Panelist – "Cybersecurity: Impact on Health Care," Wolters Kluwer (October 9, 2014)
  • Speaker – "Cyber Security – Impact on Health Care: How Can Being Right Today Put You at Risk Tomorrow?," Wolters Kluwer Webinar (October 9, 2014)
  • Speaker – "Privacy and Cybersecurity: New Issues on the Horizon," 2014 ABA Annual Meeting, Boston, Massachusetts (August 9, 2014)
  • Panelist – "The Physician and Attorney Relationship in a Fraud Audit: Working Through Related Ethical Issues,” Physicians Legal Issues Conference, Chicago, Illinois (June 13, 2014)
  • Co-chair/Speaker – "Crisis Management,” American Bar Association's Internal Corporate Investigations and Forum for In-House Counsel Program, Washington, D.C. (April 25, 2014)
  • Panelist – "Life Science Companies: Navigating Ethical Dilemmas," ABA Health Law Section's 15th Annual Emerging Issues Institute, Phoenix, Arizona (February 26, 2014)

Media Mentions

Honors & Awards

  • 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)

Profile insights