“Thank you for giving me my life back.” Those were the words spoken by a health care executive represented by DBS moments after a federal jury found her not guilty of health care fraud charges. “Giving people their lives back” is what we do in the Litigation Department at DBS. Our clients are typically business executives and professionals whose lives are under siege, either as the result of government investigations or charges that could cost them their liberty or prevent them from practicing their profession; or from the disruption to their businesses caused by substantial commercial disputes that jeopardize their business interests.

Our first rule at DBS is to act preemptively to extinguish these problems quickly and decisively, before they engulf the individual or business in protracted and costly litigation. To this end, we meet with government regulators or private parties to resolve disputes or enforcement actions before they ripen. In many cases, we have persuaded government officials or private litigants not to proceed with court action, or have worked out a resolution acceptable to the client and avoided the risks and costs of litigation. We believe such efforts are critical before resorting to litigation.

In some cases, however, and despite best efforts, such pre-litigation resolution is not possible to achieve. In a criminal case, the prosecutor may be excessively zealous and unwilling to agree to a reasonable disposition. In a civil case, the opposing party may be intractable and alternative dispute resolution (e.g. mediation or arbitration) may not be available. When this happens, and litigation becomes the only option, we then fight that battle in the courtroom or hearing room with skill, with tenacity, and with the confidence bred by a track record of success. When your life is at stake, you deserve no less.

Criminal – White Collar and Other Criminal Defense

We represent executives and businesses who are investigated and, in some cases, charged, with federal or state criminal violations. These are frequently cases involving “white collar” crimes, which generally contain allegations of fraud, particularly in the areas of health care, accounting and revenue recognition, banking, computers, defense procurement, export, tax, and bankruptcy.

Some of our greatest successes have come when we have persuaded a prosecutor not to indict a client who was expected to be charged. We have, for example, persuaded U.S. Attorneys locally and in other jurisdictions not to indict our clients in the following situations:

■ High-level executive of medical devices company (fraud charges).

■ Partner in Boston law firm (fraud charges).

■ Another partner in Boston law firm (bankruptcy fraud charges).

■ Owner of national food franchises (tax fraud charges).

■ Scientist (falsification of laboratory data charges).

For each of these cases, we marshaled every available fact and legal principle to present to the prosecutors a case so compelling that they decided our client should not be charged. As a result, we spared our client the enormous risk, expense, and emotional toll of indictment and trial.

However, indictment and trial are frequently inevitable in the criminal arena. And when they cannot be stopped, no stone goes unturned, and no effort is spared, to prepare methodically, yet creatively, for trial. Examples of trials that have resulted in our clients being acquitted, or their charges dismissed, have included the following:

■ Nursing home operator acquitted of bankruptcy fraud charges.

■ Health care executive acquitted of health care fraud charges.

■ Bank fraud charges against businessman dismissed.

In many other cases, we have worked out highly-favorable plea agreements, in some instances avoiding incarceration when a conviction at trial could have resulted in significant incarceration.

In addition to the white collar criminal work, we also represent clients in other types of criminal cases or investigations, usually at the state level.

In all of our criminal cases, we act with the urgency and dedication necessary to stand between our clients and potentially draconian penalties. Whether by pre-indictment persuasion, carefully crafted plea agreement, or exoneration at trial, we devote all our skill and energy to lifting the cloud of criminal investigation or indictment.

Professional/Regulatory/Licensing

In some cases our clients are confronted with allegations which, while not criminal in nature, are still potential death knells to their professional careers. These include licensing and disciplinary cases involving doctors, lawyers, and other professionals who are licensed and regulated by a state or professional organization; scientists accused of scientific misconduct; and representatives of the securities industry regulated by the SEC, State Securities Division, or National Association of Securities Dealers. Discussion of our extensive involvement in these areas follows.

(1) Hospitals, Physicians, and Other Health Care Professionals and Providers

We have represented numerous hospitals, physicians, and other health care providers confronted with a wide variety of regulatory and disciplinary allegations. Our representation is enhanced by the experience our attorneys gained at some of the key regulatory agencies before joining DBS. When we represent a hospital or physician in a case investigating or alleging Medicare or Medicaid fraud or abuse, for example, our representation is greatly enhanced by the presence of attorneys who have worked at the Center for Medicare Services (CMS), which regulates Medicare. When a physician is investigated or accused by the Massachusetts Board of Registration in Medicine, our clients benefit from the experience of Bruce Singal, a former Public Member and Vice Chair of the Board of Registration in Medicine, who has been involved in countless Board disciplinary proceedings. We also represent hospitals in staff privilege proceedings against physicians, and hospitals, universities, and other research centers in scientific misconduct proceedings.

(2) Scientists

We have represented scientists nationwide who have been accused of falsifying research data, plagiarizing, or otherwise committing scientific misconduct. Such proceedings can be career-ending for scientists: they can result in the loss of federal funding, loss of employment or privileges, and even criminal prosecution. We have extensive experience protecting the rights and interests of scientists in proceedings brought by their universities or institutions, and in dealing with the Office of Research Integrity (ORI), which regulates scientific misconduct on behalf of the federal government. We are also equipped to represent hospitals, universities, and other research centers that become aware of allegations of scientific misconduct, in order to ensure that those institutions investigate and pursue such allegations as required by federal law. Representative cases:

■ Representation of a Tufts University scientist who was ultimately vindicated after being wrongly accused of falsifying data by a colleague, the Secret Service, and the Dingell Congressional Committee. See The Baltimore Case by Daniel Kevles (W.W. Norton & Co., 1998).

■ Representation of scientists in misconduct proceedings brought by various other institutions, including Cornell Medical College, Mount Sinai Hospital, St. Jude Children’s Research Hospital in Memphis, and the University of Buffalo.

■ Represented University in internal investigation of potential misuse of anthrax in laboratory.

(3) Securities Industry

The securities industry is one of the most beleaguered of all industries at present. In addition to representing individuals in criminal cases involving allegations of accounting and revenue recognition irregularities and improper sales tactics, we have also defended such allegations at the SEC, state Securities Division, and the National Association of Security Dealers (NASD). As in other regulatory proceedings, the client’s professional livelihood may be at stake in such proceedings.

(4) Public Officials

The most precious resource a public official has is his or her good name. The Massachusetts Ethics Commission regulates official conduct of elected and appointed officials in Massachusetts. When the Commission investigates and brings an enforcement proceeding against an official, that good name is put in jeopardy. We have extensive experience representing officials in such proceedings so as to preserve and protect their reputations and careers.

(5) Attorney Discipline

Members of the legal profession also frequently find themselves confronted with allegations of wrongdoing. We have represented numerous attorneys in disciplinary proceedings before the Massachusetts Board of Bar Overseers in which Bar Counsel seeks to have their license suspended or revoked.

Civil Litigation

We represent businesses, institutions, and individuals in a wide array of civil litigation in federal and state court. Much of this litigation is complex commercial litigation involving business disputes between competitors or warring family members who are fighting over substantial assets. Our attorneys are adept and experienced at attempting to resolve these disputes at an early stage so that they do not disrupt business operations with the costs, risks, and time consumption of hard-fought litigation. When they cannot be resolved, however, DBS is equally well-equipped to engage in hard fought litigation in which much is at stake. These are the types of such disputes in which we are most frequently involved:

(1) Commercial Litigation

The marketplace can be a treacherous place for businesses and business executives. Besides the potential criminal and regulatory hazards described above, there are competitors, suppliers, customers, and others who seek to gain an improper advantage in their commercial dealings, or who may unfairly accuse businesses and business executives of doing so. Such disputes often ripen into full-blown lawsuits waged in federal or state court, in which millions of dollars are at stake. At DBS, we take great pride in our experience in such cases, and the successes we have achieved. We know how to resolve such disputes so that business people can continue their businesses unencumbered by litigation. When the other side is unfair and unreasonable, however, and a fair resolution is not possible, we will fight to get or to protect what rightfully belongs to our clients. Such cases often involve allegations of breach of contract, breach of fiduciary duty, unfair and deceptive practices, and fraud and misrepresentation. In these cases, we strive to ensure that our clients' business interests are fully protected.

(2) Intra-Family Litigation

Many families who have inherited wealth, or have built successful businesses, or both, see those assets jeopardized by bitter disputes among family members. Not only do such disputes jeopardize and dissipate substantial family assets, but they also impair the family’s good name and reputation in the community. Most tragically, such disputes can create serious rifts that permanently split families. The dynamics of such situations, and the high stakes, require a particularly deft and delicate touch. Our litigation team has represented family members in many such internecine battles. We draw on our vast resources, including family-oriented mediation services, to try to heal the wounds that generate such disputes, and to try to prevent them from ripening into litigation. DBS has also proven successful at trial of such disputes, including:

■ Successful defense when two sons sued their father and Trustee of a Trust (our client) controlled by the father, contending they had colluded to buy out the sons’ shares of the father’s business at an artificially low price just months before the business was sold at a huge profit. Contending they had each lost $20 million by selling out their shares before the acquisition, the sons insisted on proceeding to a three-week trial, after which a jury rendered a verdict for our client and the father;

■ Represented two brothers who contended that another brother had unlawfully excluded them from a family real estate venture. After trial, a jury awarded damages for breach of contract in the amount of just under $2 million.

(3) Employment Litigation

We have successfully represented both employers and employees in employment-related matters, including those alleging wrongful termination, discrimination (race, sex, age, disability), breach of employment contract, violation of non-compete provision, theft of trade secrets, and other disputes arising out of the employment relationship. We negotiate severance agreements to protect the rights of our client and avoid litigation. Where litigation has proven necessary, our experience in the field equips us to be a vigorous and effective advocate for our clients. When we represent employees, we fight to ensure that they get what is fairly and properly coming to them under the employment laws. In representing employers, we strive to assure that those laws are not abused by frivolous or excessive claims. We have also represented many physicians, lawyers, and other professionals who leave their practices and have disputes with their former partners or colleagues that require resolution or litigation.

(4) Arbitrations (Investors vs. Stock Brokers)

Some types of disputes are typically resolved in arbitration proceedings rather than in court. This is particularly true in cases between investors and stock brokers involving allegations of improper trading that resulted in significant losses to the investor. We have represented many investors in such proceedings, and are experienced in proving that losses resulted from unsuitable or improper trading, or other wrongdoing by the broker, rather than from benign market forces beyond the control of the broker.

(5) Corporate and Business Internal Investigations and Audits

Consistent with our desire to take all necessary steps to avert, where possible, the costs and risks of litigation, the DBS Litigation Team conducts internal investigations of businesses, universities, and other institutions when allegations of wrongdoing arise. The purpose of such investigations is to protect the institution by establishing the extent of any improper or illegal conduct by employees, and then taking steps to minimize risks to the institution from such wrongdoing. This may include, in appropriate instances, voluntary reporting to regulatory or law enforcement authorities, and voluntary establishment or tightening of compliance programs in order to demonstrate the institution’s good faith intent to comply with applicable laws. While no business or institution is eager to incur the expense and disruption of such an internal investigation, in some circumstances such investigations can be a cost-effective means of preventing or containing a situation that might otherwise result in draconian consequences.

 

Public Authority Representation

We have a special team, headed by Richard Goldstein, dedicated to representing Public Authorities in Massachusetts. Mr. Goldstein is the former head of Litigation for one such authority, the Massachusetts Water and Sewer Authority (MWRA). Drawing on his experience at the MWRA, and as an Assistant United States Attorney representing federal agencies and officials, Mr. Goldstein and other members of his team have in-depth experience in the operations of independent public authorities in Massachusetts, and the special enabling statutes from which they derive their authority. We represent authorities in litigation, and provide guidance and counsel to them in their operations to attempt to minimize their risks of litigation and exposure. As Assistant United States Attorneys, Mr. Goldstein and Mr. Singal represented such federal agencies and officials in federal litigation as the Environmental Protection Agency (EPA), U.S. Customs Service, Veterans Administration, the Air Force, the Smithsonian, and many others. We have also represented municipalities and municipal agencies, including the City of Boston and the Towns of Braintree and Norwood.