Michael Clark
Michael E. Clark, a former federal prosecutor, has extensive trial experience in business and professional matters. He serves as an Adjunct Professor of Law, as a faculty instructor for NITA, is widely published, and speaks regularly on issues of importance to businesses and professionals. Within the ABA, he serves on the Standing Committee on Publishing Oversight; is the outgoing chair of the Business Law Section's White Collar Crimes Committee (and an Editorial Board member of The Business Lawyer); serves on the Governing Council for the Health Law Section and is the outgoing chair of its Publications Committee; and serves on the Planning Committee for the National Institute on Securities Fraud. Mr. Clark is a Fellow of the American Bar Foundation and he developed and serves as the Editor-in-Chief of a treatise published in 2007 by BNA and the ABA Health Law Section about pharmaceutical law. Mr. Clark has been Board Certified in Criminal Law by the Texas Board of Legal Specialization and the National Board of Trial Advocacy since the late 1980's. Houston's Top Lawyers for 2008 (H Texas Magazine); NITA Faculty (National Institute of Trial Advocacy, 2006); Fellow, American Bar Foundation (2005); LL.M. (Health Law) (University of Houston Law Center, 2000) Attorney General's Director's Award (U.S. Department of Justice, 1996) LL.M. (Taxation) (University of Houston Law Center, 1996) Special Licenses/Certifications: Board Certified, Criminal Trial Advocate (National Board of Trial Advocacy, 1989); Board Certified, Criminal Law Specialist (Texas Board of Legal Specialization, 1988) Bar/Professional Activity: Member, Standing Committe on Publishing Oversight (American Bar Association, 2007); Governing Council, ABA Health Law Section (2007); Former Co-chair, South Texas Region, White Collar Crimes Committee, ABA Criminal Justice Section (2007-2008); Former Chair, White Collar Crimes Committee, ABA Section of Business Law (2005-2008); Former Chair, Publications Committee, ABA Health Law Section (2005-2008); Advisory Board, University of Houston Law Center, Criminal Justice Institute (2005) Pro bono/Community Service: Adjunct Faculty, University of Houston Law Center, Intersession Course: Taking and Defending Depositions, 2008 Scholarly Lectures and Writings: Author, Bribes, Creative Accounting Don't Cut It in International Business, Houston Business Journal (2008); Panelist, Webinar: Federal Sentencing Update After Kimbrough vs. The US, ALI-ABA; State Bar of Texas, 2008, Author, Health Care Fraud Redux, Business Crimes Bulletin, 2008, Speaker, Webinar: Pharmaceutical Payments and Generic Competition: Recent FTC Litigation and What Can be Done to Avoid Liability?, BNA LegalEdge, Life Sciences, 2008, Author, Evaluating and Minimizing the FCPA Risks when Conducting Business in Emerging Markets, The Practical Lawyer, ALI-ABA (April 2008), 2008, Editor-in-Chief, Pharmaceutical Law: Regulation of Research, Development, and Marketing (BNA/ABA Health Law Section) is an 800+ page treatise that addresses the fraud-and-abuse risks unique to this submarket of the health care industry; off-label marketing-selling of a drug for a purpose other than its intended use; and other hot risks areas facing this industry--including the potential for antitrust, securities law, and other compliance problems, Pharmaceutical Law: Regulation of Research, Development, and Marketing, 2007, Author, Evaluating and Minimizing the Research Misconduct Risks, CCH Health Care Compliance Letter, 2007, Author, Complying with The FCPA in Emerging Markets after SOX, Business Crimes Bulletin, 2007, Chapter Author, Antitrust and Intellectual Law Issues for Pharmaceutical Companies, PHARMACEUTICAL LAW: REGULATION OF RESEARCH, DEVELOPMENT, AND MARKETING, 2007, Chapter Author, Securities Law Issues and Disclosure Considerations for Pharmaceutical Companies, PHARMACEUTICAL LAW: REGULATION OF RESEARCH, DEVELOPMENT, AND MARKETING, 2007, Moderator, Foreign Corrupt Practice Act Issues in Emerging Markets: How to Evaluate and Minimize the Risks, ABA Section of Business Law, ABA Annual Meeting, 2007, Member, Institute Planning Committee / Moderator, Perspective and Proportion: Keeping Civil and Regulatory Matters out of Criminal Court, ABA's Second Annual National Securities Fraud Conference, 2007, Panelist, Trade Secrets and Confidential Business Information, ABA's First National Institute on Computing and the Law, 2007, Author, Stock Option Trading-Where Were the Lawyers and Auditors?, Business Crimes Bulletin, 2006, Author, A Step Forward in Recognition of Compliance Efforts: The SEC's January 2006 Statement Concerning Financial Penalties, CCH Health Care Compliance Letter, 2006, Chapter Author, The Growing Importance of Securities Regulation for Publicly Traded Entities in the Post Sarbanes-Oxley Marketplace, 2006 HEALTH LAW and COMPLIANCE UPDATE (Aspen Publishers), 2006, Author, Patient Euthanasia After Hurricane Katrina -- The Government's Role, The Health Lawyer, 2006, Member, Institute Planning Committee / Moderator, Internal Investigations, ABA's First National Securities Fraud Institute, 2006, Moderator, Managing Parallel Proceedings in Securities Investigations, ABA Section of Business Law, Spring Meeting, 2006, Presenter, Current Update & Critical Developments in Anti-Fraud & Abuse/Stark & Physician Ventures, Virginia Bar Association's Second Annual Virginia Health Care Practitioners' Roundtable, 2006, Co-author, Corporate Cooperation in the Face of Investigations, The Health Lawyer, 2005, Author, Statements During Negotiations as Evidence in a Criminal Trial, Business Crimes Bulletin, 2005, Author, The New Advisory Role of Federal Sentencing Guidelines after Booker-FanFan, CCH Health Care Compliance Letter, 2005, Author, Daubert Motions in Business Crimes Cases, Business Crimes Bulletin, 2005, Chapter Author, Antitrust and Managed Care, MANAGED CARE LITIGATION (BNA/ABA Health Law Section), 2005, Panelist, Managing Complex Litigation, ABA & AHLA's Antitrust in Healthcare Seminar, 2005, Panelist, The Erosion of Attorney-Client Privilege: Is there Anything Left to Protect?, ACI's 3rd Annual Corporate Counsel's Guide to Conducting and Managing Internal & External Investigations, 2005, Panelist, Regulatory Inquiries: Is There an Alternative to Cooperation?, ABA Section of Business Law, ABA Annual Meeting, 2005, Moderator, Handling Complex Litigation Involving the Healthcare Industry, ABA Health Law Section's Sixth Annual Conference on Emerging Issues in Healthcare Law, 2005, Institute Chair, Internal Investigations, CLE International's Internal Investigations Seminar, 2005, Chapter Author, 2005 HEALTH LAW and COMPLIANCE UPDATE (Aspen Publishers), 2005, Author, Hamstrung or Properly Calibrated: Federalism and the Appropriate Role of Government in the Post-Sarbanes-Oxley World, International Journal of Disclosure and Governance, 2004, Author, Prosecuting Energy Trading Fraud Under the CEA, Business Crimes Bulletin, 2004, Panelist, Liability of Accountants: The Aftermath of Enron, The 22nd Cambridge International Symposium on Economic Crime, 2004, Moderator, Federal Sentencing Guidelines and Criminal and Civil Damages, ABA's 14th Annual National Institute on Health Care Fraud, 2004, Panelist, Protecting the Company During Securities Investigations, ACI's The Corporate Counsel's Guide to Internal and External Investigations, 2004, Panelist, Placing Bankers on the Front Line, The 22nd Cambridge International Symposium on Economic Crime, 2004, Moderator, A 12-Step Program for Effective Corporate Compliance and Corporate Governance in the Post-Sarbanes-Oxley World, ABA Section of Business Law, Spring Meeting, 2004, Moderator, Trends in the Use of the False Claims Act Against the Healthcare Industry - Innovative Theories or Overreaching?, ABA Health Law Section's Fifth Annual Conference on Emerging Issues in Healthcare Law, 2004, Author, Steering a Course Between Antitrust and Patent Laws: Generic Drugs and Patent Fraud, BNA's Pharmaceutical & Medical Device Law Bulletin, 2003, Chapter Author, Legal Issues in Clinical Trials, 2003 HEALTH LAW and COMPLIANCE UPDATE (Aspen Publishers), 2003, Moderator, Fundamentals of White Collar Crime and Practice, ABA's 13th Annual National Institute on Health Care Fraud, 2003, Panelist, Implications of the Sarbanes-Oxley Act for Internal Investigations, Corporate Compliance, and Covenants not to Compete, Institute for Law & Technology's 41st Annual Program on Intellectual Property Law, 2003, Moderator, Criminal Securities Enforcement in the New Era: Simple Designs to Use for Living Well in Today's Environment, ABA Business Law Section, ABA Annual Meeting, 2003, Panel Moderator, Sarbanes-Oxley: The First Eight Months, ABA Section of Business Law's Spring Meeting, 2003, Author, Science Panels and Improving how Courts Address Expert Evidence: Seeing Both Sides, ALM's Medical Malpractice Law & Strategy, Health Care, 2002, Author, Clinical Research and the False Claims Act: The Next Wave of Enforcement Emphasis?, BNA's Medical Research Law & Policy, 2002, 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, 2002, Moderator, Fundamentals of White Collar Crime and Practice, ABA's 12th Annual National Institute on Health Care Fraud, 2002, Panelist, Keeping the Government Outside the Boardroom, ABA Business Law Section, ABA Annual Meeting, 2002, Panelist, Understanding the Characteristics of Global Crime, International Summit on Cyber Crimes, 2001, Panelist, Criminal Enforcement Steps into the Boardroom (An ABA Presidential Showcase Program), ABA Business Law Section, Annual Meeting, 2001, Panel Moderator, Grand Jury Investigations, ABA's 9th Annual National Institute on Health Care Fraud, 1999, Panelist, Crime and the Business Lawyer: The Loss of Innocence - How to Avoid Indictment in Kansas City and Elsewhere, ABA Business Law Section, Annual Meeting, 1999, Panelist, Using the Internet in Health Law Practice, Annual Conference (State Bar of Texas), Practical Computing Course, 1999, Author, Nothing to Hyde? The Flood of Wrongful Recovery Suits has not Materialized, Criminal Justice, 1999, Panelist, Crime and Medicine: Today and Tomorrow, ABA Business Law Section, Annual Meeting, 1998, Presenter, Swimming in Stark-infested Waters while Focusing on Practicing Good Medicine, Texas Society of Internal Medicine & Texas Academy Chapter of American College of Physicians (Annual Meeting), 1998, Panelist, Crime and Medicine: What Health Care Providers Never Learned in School, and What You Need to Teach Them, ABA Business Law Section, Annual Meeting, 1997, Panel Moderator, Federal Sentencing Law: A Guide to the Guidelines, Federal Sentencing Law (State Bar of Texas / U.S. Sentencing Commission), 1997, Panelist, DOJ's Bankruptcy Fraud Initiative, Parallel Procedures and Forfeiture Issues, National Association of Attorney Generals (Annual Meeting), 1996, Panelist, Everything You Always Wanted to Know about Law Enforcement but Were Afraid to Ask, National Health Care Anti-Fraud Association (Annual Meeting), 1996, Author, A Prosecutor's Postmortem: How Two Companies Fared as Criminal Targets, ALM's Corporate Counsellor, 1996 Other Outstanding Achievements: Adjunct Professor, Food and Drug Law; Antitrust & Health Law, Health Law & Policy Institute, University of Houston Law Center; Adjunct Professor, Civil Trial Advocacy; Criminal Trial Advocacy, University of Houston Law Center; Faculty, NITA Southern Regional Program (SMU); Faculty, NITA Deposition Program (University of Houston Law Center)Website
mclark@hbctrial.com
(713) 869-0557
Archived Articles
Subprime Mortgage Markets’ Collapse to the Credit Markets' - July 10, 2009Subprime Mortgages and Theories of Liability - Deja Vu? - Part Four - September 26, 2008
Subprime Mortgages and Theories of Liability - Deja Vu? - Part Three - August 18, 2008
Subprime Mortgages and Theories of Liability - Deja Vu? - Part Two - August 14, 2008
Subprime Mortgages and Theories of Liability - Deja Vu? - Part One - August 13, 2008