Hamel Bowers L.L.P.

Selected Presentations and Publications (Clark)

SELECTPRESENTATIONS AND PUBLICATIONS

Email mclark@hbctrial.com if interested in specific articles

ABA

• 3rd National Institute on Securities Fraud, Arlington, VA (Sections of Business Law and Criminal Justice) and Center for Continuing Legal Education) (Oct. 2, 2008); Planning Committee and Moderator: Primer: Revenue Recognition (It Just Keeps Coming Back!)
• Section of Business Law, ABA Annual Meeting, New York, NY (August 9, 2008), Panelist, Regulatory and Criminal Investigations of the Subprime Mortgage Meltdown
• Section of Business Law, ABA Annual Meeting, New York, NY (August 10, 2008), Panelist, Ugh!, The Investigation Reveals Misconduct: Advice, Ethical Considerations, Revelations and Pearls of Wisdom to Corporate Counsel on Next Steps (and Missteps!)
• Section of Health Law and ABA Center for CLE, Teleconference (Nov. 11, 2007); Panelist: Statutory and Regulatory Controls for Drug Development and Marketing
• 2nd National Institute on Securities Fraud, Washington, DC (Sections of Business Law, Criminal Justice, and Litigation; Center for Professional Responsibility, and the Center for Continuing Legal Education) (Oct. 28, 2006); Planning Committee and Moderator: Perspective and Proportion--Keeping Civil and Regulatory Matters out of Criminal Court
• Section of Business Law, Annual Meeting, San Francisco, CA (Aug. 2007); Moderator: Foreign Corrupt Practice Act Issues in Emerging Markets: How to Evaluate and Minimize the Risks
• 1st National Institute on Computing and the Law (San Francisco, CA); Panelist: Trade Secrets and Confidential Business Information
• 1st National Institute on Securities Fraud, Washington, DC (Sections of Business Law, Criminal Justice, and Litigation; Center for Professional Responsibility, and the Center for Continuing Legal Education) (Sept. 28, 2006); Planning Committee and Moderator: Internal Investigations: Perspectives from the Government, Inside and Outside Counsel
• Section of Business Law, ABA Center for Professional Responsibility, and the Center for Continuing Legal Education, Teleconference (June 28, 2006); Moderator: The Attorney-Client Privilege: How to Protect the Privilege, Avoid Waiver and Pros and Cons of Deliberate Waiver
• Section of Business Law, Spring Meeting, Tampa, FL (April 7, 2006); Moderator: Managing Parallel Proceedings in Securities Investigations
• Section of Business Law, ABA Annual Meeting, Chicago, IL (Aug. 6, 2005); panelist: Regulatory Inquiries: Is There an Alternative to Cooperation?
• Sections of Antitrust Law and Health Law and the American Health Lawyers Association, Antitrust in Healthcare Seminar, Washington, DC (May 13, 2005); Panelist: Managing Complex Litigation
• Health Law Section, Sixth Annual Conference on Emerging Issues in Healthcare Law, Lake Buena Vista, FL (Feb. 25, 2005); Moderator: Handling Complex Litigation Involving the Healthcare Industry
• Health Law Section, Center for Professional Responsibility, and the Center for Continuing Legal Education Teleconference: Health Law Contracting is Expanding: Your Toolkit for Health Law Negotiating, Drafting and Contracting (Part 1) (Feb. 16, 2005); Panelist: Corporate Compliance Programs: Here's A Plan, Privilege and Work Product, and Words to Save Them
• Health Law Section, Center for Professional Responsibility, and the Center for Continuing Legal Education Teleconference, Moderator, Blakely and the Federal Sentencing Guidelines: You can Almost Go Home Again--The Importance of the Supreme Court's Landmark Decision in the Booker and FanFan Cases (Feb. 9, 2005)
• 14th Annual National Institute on Health Care Fraud 2004 (Sections of Criminal Justice and Health Law; Center for Professional Responsibility, and the Center for Continuing Legal Education), New Orleans, LA (May 14-16, 2004); Moderator: Federal Sentencing Guidelines and Criminal and Civil Damages
• Section of Business Law, Spring Meeting, Seattle, WA (April 3, 2004); Moderator: A 12-Step Program for Effective Corporate Compliance and Corporate Governance in the Post-Sarbanes-Oxley World
• Health Law Section, Fifth Annual Conference on Emerging Issues in Healthcare Law 2004, La Jolla, CA (Feb. 19, 2004); Moderator: Trends in the Use of the False Claims Act Against the Healthcare Industry - Innovative Theories or Overreaching?
• Section of Business Law, ABA Annual Meeting, San Francisco, CA (Aug. 2003); Moderator: Criminal Securities Enforcement in the New Era: Simple Designs to Use for Living Well in Today's Environment
• 13th Annual National Institute on Health Care Fraud 2003 (Sections of Criminal Justice and Health Law; Center for Professional Responsibility, and the Center for Continuing Legal Education), Las Vegas, NV (May 14­-16, 2003); Moderator: Fundamentals of White Collar Crime and Practice
• Section of Business Law, Spring Meeting, Los Angeles, CA (April 5, 2003); Moderator: Sarbanes-Oxley: the First Eight Months
• Section of Business Law, ABA Annual Conference, Washington, DC (Aug. 9, 2002); Moderator: Keeping the Government Outside the Boardroom
• 12th Annual National Institute on Health Care Fraud 2002 (Sections of Criminal Justice and Health Law; Center for Professional Responsibility, and the Center for Continuing Legal Education), San Francisco, CA (May 15, 2002); Moderator: Fundamentals of White Collar Crime and Practice
• Section of Business Law, ABA Annual Conference, Chicago, IL (Aug. 3, 2001); Panelist: Criminal Enforcement Steps into the Boardroom (a Presidential Showcase presentation)
• Section of Business Law, Spring Meeting, Philadelphia, PA (March 24, 2001); Moderator: Are Health Care Investigations Ruining Medicine?
• Section of Business Law, ABA Annual Conference, Atlanta, GA (Aug. 7, 1999); Moderator: Crime and the Business Lawyer: The Loss of Innocence - How to Avoid Indictment in Kansas City and Elsewhere
• 9th Annual National Institute on Health Care Fraud 1999 (Sections of Criminal Justice and Health Law; Center for Professional Responsibility, and the Center for Continuing Legal Education), Miami, FL (May 13, 1999); Panelist: Grand Jury Investigations
• Section of Business Law, ABA Annual Conference, Toronto, Canada, (Aug. 3, 1998); Panelist: Crime and Medicine: Today and Tomorrow (Getting Ready for the 21st Century)
• Section of Business Law, ABA Annual Conference, San Francisco, CA (Aug. 2, 1997); Panelist: Crime and Medicine: What Health Care Providers Never Learned in School, and What You Need to Teach Them
• Criminal Justice Section, White Collar Crime Subcommittee's Seminar, Dallas, TX (Nov. 13, 1995); Panelist: Parallel Investigations, Fifth Amendment & Whistleblowers

American Conference Institute

• American Conference Institute's 3rd Annual Corporate Counsel's Guide to Conducting and Managing Internal & External Investigations, New York, NY (April 18, 2005); Panelist: The Erosion of Attorney-Client Privilege: Is there Anything Left to Protect?
• American Conference Institute's The Corporate Counsel's Guide to Internal and External Investigations, New York, NY (May 17, 2004); Panelist: Protecting the Company During Securities Investigations

ALI-ABA

• Panelist, ALI-ABA; State Bar of Texas Webinar: Federal Sentencing Update After Kimbrough vs. The US (June 13, 2008)

BNA Legal Edge

• Speaker BNA LegalEdge Webinar: Pharmaceutical Payments and Generic Competition: Recent FTC Litigation and What Can be Done to Avoid Liability? (March 19, 2008)

CLE International

• CLE International's Internal Investigations Seminar, Houston, TX (March 21, 2005); Seminar Chair

Center for American and International Law

• Institute for Law and Technology of the Center for American and International Law's 41st Annual Program on Intellectual Property Law, Dallas, TX (Nov. 6, 2003); Presentation: Implications of the Sarbanes-Oxley Act for Internal Investigations, Corporate Compliance, and Covenants not to Compete in Texas

Cambridge International Symposium

• Jesus College, The 22nd Cambridge International Symposium on Economic Crime, Cambridge, U.K. (Sept. 5, 2004); Presentations: Placing Bankers on the Front Line and The Liability of Accountants: The Aftermath of Enron

National Association of Attorney Generals

• National Association of Attorney Generals, Austin, TX (March 1996); Presentation: The DOJ's Bankruptcy Fraud Initiative, Parallel Procedures and Forfeiture Issues

Nat'l Health Care Anti-Fraud Association

• National Health Care Anti-Fraud Association, San Antonio, TX (June 12, 1996); Panelist: Everything You Always Wanted to Know about Law Enforcement but Were Afraid to Ask

SCCE

• SCCE¿s 7th Annual Compliance & Ethics Institute, Chicago, IL (Sept. 15, 2008) Panelist, Prosecution of Corporate Officials: Compliance Becomes Personal

State Bar of Texas

• State Bar of Texas, Annual Conference, Practical Computing Course, Fort Worth, TX (June 11, 1999); Presentation: Using the Internet in Health Law Practice

• State Bar of Texas (co-sponsored with the Federal Bar Association and the U.S. Sentencing Commission), South Padre Island, TX (June 20, 1997), Moderator, Federal Sentencing Law: A Guide to the Guidelines

Texas Medical Association

• Texas Medical Association's Seminar, Houston, TX (May 1998); Panelist: Straight Talk about Fraud & Abuse: What You Don't Know Can Hurt You

Virginia Bar Association

• Health Law Section, Second Annual Virginia Health Care Practitioners' Roundtable Richmond, VA (Nov. 7, 2006); Presentation: Current Update & Critical Developments in Anti-Fraud & Abuse/Stark & Physician Ventures

SELECTED PUBLICATIONS

Book Chapters

• Author, Securities Law Issues and Disclosure Considerations for Pharmaceutical Companies, PHARMACEUTICAL RESEARCH AND MARKETING LAW: A GUIDE FOR HEALTH LAWYERS (BNA/ABA Health Law Section 2007)

• Author Antitrust and Intellectual Law Issues for Pharmaceutical Companies, PHARMACEUTICAL RESEARCH AND MARKETING LAW: A GUIDE FOR HEALTH LAWYERS (BNA/ABA Health Law Section 2007)

• Author, Antitrust and Managed Care , MANAGED CARE LITIGATION (BNA/ABA Health Law Section (2005)); Supplements (2007, 2008)

• 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)

• Author, Compliance and Governance Issues and Trends after Sarbanes-Oxley, 2005 Health Law and Compliance Update (Aspen Publishers)

• Author, Current Issues in Pharmaceutical Marketing; Current Issues in Healthcare and Antitrust, 2004 Health Law and Compliance Update (Aspen Publishers)

• Author, Legal Issues in Clinical Trials, 2003 Health Law and Compliance Update (Aspen Publishers)

Treatise

• Editor-in-Chief and Chapters Author, Securities Law Issues and Disclosure Considerations for Pharmaceutical Companies; Antitrust and Intellectual Law Issues for Pharmaceutical Companies, in PHARMACEUTICAL RESEARCH AND MARKETING LAW: A GUIDE FOR HEALTH LAWYERS (BNA/ABA Health Law Section 2007)

Selected Articles

• Evaluating and Minimizing the FCPA Risks when Conducting Business in Emerging Markets, The Practical Lawyer 59 (April 2008)
• Health Care Fraud Redux, 15 No. 11 Business Crimes Bulletin 1 (July 2008)
• Bribes, Creative Accounting Don't Cut It in International Business, Houston Business Journal (March 7, 2008)
• Complying with The FCPA in Emerging Markets after SOX, 15 No. 2 Bus. Crimes Bull.1 (Oct. 2007)
• Evaluating and Minimizing the Research Misconduct Risks, CCH Health Care Compliance Letter (April 2007)
• Stock Option Trading-Where Were the Lawyers and Auditors?, Bus. Crimes Bull., (2006)
• A Step Forward in Recognition of Compliance Efforts: The SEC¿s January 2006 Statement Concerning Financial Penalties, CCH Health Care Compliance Letter (2006)
• Oregon's Death with Dignity Act and Alleged Patient Euthanasia After Hurricane Katrina? The Government's Role, The Health Lawyer, Vol. 18, No. 3 (Feb. 2006)

• Statements during Settlement Negotiations as Evidence in a Criminal Trial , 13 No. 14 Bus. Crimes Bull. 3 (Dec. 2005)

• The New Advisory Role of Federal Sentencing Guidelines after Booker-FanFan (Part 2) , CCH Health Care Compliance Letter, No. 8, Issue 10 (May 16, 2005)

• The New Advisory Role of Federal Sentencing Guidelines after Booker-FanFan (Part 1) , CCH Health Care Compliance Letter, No. 8, Issue 9 (May 2, 2005)

• Corporate Cooperation in the Face of Government Investigations , The Health Lawyer, Vol. 17, No. 2 (April 2005) (with Mark Robeck and Amy Vaszquez of Baker Botts)

• Daubert Motions in Business Crimes , 11 No. 12 Bus. Crimes Bull. 3 (January 2005)

• Hamstrung or Properly Calibrated?: Federalism and the Appropriate Role of Government in the Post-­ Sarbanes-Oxley World , Internat'l J. Discl. & Govern., Vol. 1, No. 4 (Oct. 2004)

• Prosecuting Energy Trading Fraud under the CEA, 11 No. 3 Bus. Crimes Bull. 1 (April 2004)

• Steering a Course between Antitrust and Patent Laws: Generic Drugs and Patent Fraud , 3 No. 1 Pharm. & Med. Device L. Bull. 1 (Jan. 2003) (reprint)

• Proffer Agreements May Be a Viable Strategy for Negotiating with Government (Part Two), 5 No. 11 Health Care Fraud & Abuse Newsl. (Dec. 2002)

• Steering a Course between Antitrust and Patent Laws: Generic Drugs and Patent Fraud, 5 No. 10 Health Care Fraud & Abuse Newsl. 1 (Nov. 2002)

• Proffer Agreements May Be a Viable Strategy for Negotiating with Government (Part One) , 5 No. 9 Health Care Fraud & Abuse Newsl. 1 (Oct. 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 , 15 No. 1 Health Law. 12 (Sept. 2002)

• Are Science Panels a Good Idea for Improving How Courts Address Expert Evidence?, 19 No. 8 Med. Malpractice L. & Strategy 5 (June 2002)

• Clinical Research and the False Claims Act: The Next Wave of Enforcement Emphasis?, BNA's Medical Research Law & Policy (June 2002)

• Conducting Internal Investigations: Why Using In-House Counsel May be Unwise , 5 NO. 1 Health Care Fraud & Abuse Newsl. 5 (Feb. 2002)

• Fraud and Abuse Issues in Private Clinical Pharmaceutical Research , 1 NO. 5 Pharm. & Med. Device L. Bull. 1 (May 2001) (Reprint)

• Fraud and Abuse Issues in Private Clinical Pharmaceutical Research , 3 NO. 11 Health Care Fraud & Abuse Newsl. 1 (Dec. 2000)

• Research Misconduct: Difficult to Prove , 3 NO. 10 Health Care Fraud & Abuse Newsl. 1 (Nov. 2000)

• Problems with Compliance Programs: Living on the Horns of a Dilemma , 3 NO. 8 Health Care Fraud & Abuse Newsl. 5 (Sept. 2000)

• Nothing to Hyde? The Flood of Wrongful Recovery Suits has not Materialized , 14-SUM Crim. Just. 10 (Summer 1999)

• The Court of Public Opinion: Balancing Free Press, Fair Trial Rights, 1 No. 3 Health Care Fraud & Abuse Newsl. (April 1998)
  
• Will the Hyde Amendment Help Health Care Providers Targeted by the Government? , 1 No. 1 Health Care Fraud & Abuse Newsl. (Feb. 1998)

• How Two Companies Fared as Criminal Targets: A Prosecutor's Postmortem , 11 Corporate Counselor No. 4 (Sept. 1996) (reprint)