Michael Fee is a partner in the Boston office of Latham & Watkins and a member of the firm’s White Collar Defense & Investigations Practice.
Mr. Fee represents organizations and individuals in a wide variety of investigations and enforcement proceedings brought by federal, state and foreign government agencies. His practice focuses on white collar criminal, civil and administrative matters involving the regulation of the healthcare industry, FDA regulation of medical device companies and pharmaceutical manufacturers, securities enforcement, investment adviser regulation, the US Foreign Corrupt Practices Act, export and trade regulation, public corruption and campaign finance law. Mr. Fee has defended numerous cases brought under the US Civil False Claims Act, litigating these cases successfully in federal district court and the federal courts of appeals. He also uses his extensive experience defending organizations to assist clients with the design and implementation of compliance systems that help prevent violations of law.
Mr. Fee was previously a federal prosecutor in the Public Integrity Section of the Criminal Division of the US Department of Justice, where he was responsible for grand jury investigations and prosecutions involving extortion, bribery, conflict of interest and other offenses committed by public officials. During his tenure with the Department of Justice, Mr. Fee also served as a Special Assistant US Attorney in the office of the US Attorney for the Eastern District of Virginia (Alexandria Division) where he prosecuted federal cases involving fraud, illegal drugs and homicide. He joined the Department of Justice under the Attorney General’s Honors Program.
Mr. Fee is a member of the White Collar Committee of the American Bar Association's Criminal Justice Section, a founding member of the ABA's Health Care Fraud Subcommittee and a member of the Board of Directors at Brigham and Women's Faulkner Hospital. He is a frequent contributor on federal criminal matters for various news channels in Boston, and has written and presented on several topics, including healthcare fraud enforcement and whistleblower protections.
Since 2005, Mr. Fee has been recognized as one of America's Leading Lawyers for Business by Chambers USA. Mr. Fee has been listed as the 2014-2015 Boston Criminal Defense: White Collar "Lawyer of the Year" and was ranked in Band 1 for Massachusetts in White-Collar Crime & Government Investigations by Chambers USA. He has been named a Massachusetts Super Lawyer since 2004 and is also consistently recognized as a leading lawyer in the areas of Commercial Litigation and Criminal Defense: White Collar by Best Lawyers in America. Mr. Fee has been recognized by the International Who's Who of Business Crime Lawyers since 2007 and also received an AV® Preeminent Rating by Martindale-Hubble since 2001.
Speaking Engagements and Publications
Mr. Fee has lectured frequently and is the author of several articles on topics related to his practice. Representative speaking engagements and publications include:
- Moderator of plenary panel, “Criminal Dispositions and Managing Collateral Consequences,” National Institute on Health Care Fraud, American Bar Association (May 2014)
- Panelist, “Combatting the Ever Increasing Threat of Government Enforcement: Best Practices for Defending False Claims Act Cases,” American Conference Institute (March 2014)
- Co-author, “Settlement of Major Health Care Fraud Enforcement Proceedings: A Probing And Frank Analysis of The Competing Variables,” The Health Lawyer (February 2013)
- Panelist, “Whistleblower Protections,” Massachusetts Bar Association’s Annual Labor and Employment Law Conference (June 2013)
- Quoted, “Who Reps 2012: Speaking the Same Language,” Corporate Counsel (October 2012)
- Presenter, “How to Successfully Settle Major Health Care Enforcement Actions,” a webinar sponsored by the Health Law Section of the American Bar Association (July 2012)
- Lead counsel for a national healthcare services provider in a multi-district federal criminal investigation and parallel Civil False Claims Act actions arising from allegations of illegal relationships with hospitals and physicians*
- Lead counsel for numerous academic medical centers and faculty physician organizations in a nationwide federal investigation into billing by teaching physicians*
- Lead counsel for a US aerospace parts manufacturer in a federal criminal investigation, a parallel Department of Commerce enforcement proceeding and a federal debarment proceeding arising from the alleged unlicensed export of goods to Iran*
- As lead counsel for a publicly traded bio-manufacturing company, conducted an internal investigation for the board of directors into possible violations of the US Foreign Corrupt Practices Act and successfully managed a voluntary disclosure to the US Securities and Exchange Commission resulting in no enforcement proceeding, sanctions or penalties*
- Lead counsel for an academic medical center in a federal criminal investigation into alleged illegal relationships with a major pharmaceutical manufacturer*
- Lead counsel for an investment adviser in parallel investigations and enforcement proceedings conducted by the US Securities and Exchange Commission and the UK’s Financial Services Authority*
- Lead counsel for a major medical device manufacturer in a federal criminal investigation and parallel congressional and state investigations into the company’s marketing practices and relationships with physician consultants*
- Lead counsel for the CEO of a medical device manufacturer in a federal criminal investigation of various FDA and other violations by the company*
- Lead counsel for a company accused of conducting a scheme to furnish illegal campaign contributions to a candidate for political office*
- As lead counsel for a hospital system, achieved the only dismissal in the country of a Civil False Claims Act case brought against numerous hospitals throughout the US alleging improper inpatient billing for pneumonia*
*Matters handled prior to joining the firm.