Introduction
John is a Fellow of the American College of Trial Lawyers with more than 30 years of experience in all areas of white collar investigations, trials, and appeals.
His practice is focused on representing business organizations, executives, politicians, physicians, attorneys, and other professionals in criminal and regulatory cases, as well as in False Claims Act litigation, enforcement proceedings, and internal investigations. John also has extensive experience in the area of legal ethics and professional responsibility and serves as Firm Counsel to Fredrikson & Byron. He is listed in “The Best Lawyers in America,” and designated “Super Lawyer” by the Minnesota Super Lawyers magazine (formerly Minnesota Law & Politics magazine.
Education
- William Mitchell College of Law, J.D., 1978, magna cum laude
- University of Minnesota, B.A., 1974, magna cum laude
Bar Admissions
- Minnesota Supreme Court, 1978
- Eighth Circuit Court of Appeals, 1978
- Federal Court for the District of Minnesota, 1978
- United States Tax Court, 1980
- United States Supreme Court, 1982
- Wisconsin Supreme Court, 2007
- Numerous admissions elsewhere pro hoc vice
Practice Areas
- Litigation
- False Claims Act Defense, Chair
- Health Care Fraud & Compliance, Chair
- White Collar & Regulatory Defense
- Securities Litigation
- Corporate Governance & Investigations
- Food, Drug & Medical Device Regulation
- Internal Investigations
- Foreign Corrupt Practices Act & Anti-Corruption
Representative Experience
- Currently representing CEO of national retail business in criminal FDA prosecution.
- Currently representing major municipality in FCA litigation.
- Currently representing major multi-specialty medical center in DOJ investigations and FCA litigation.
- Currently representing financial advisory firm in a federal anti-trust investigation and class action litigation.
- Currently representing orthopedic and neurosurgeons in federal anti-kickback investigation.
- Representation of renowned academic physician in criminal FDA trial, resulting in acquittal.
- Representation of physician in multi-court sexual abuse jury trial, resulting in acquittal.
- Representation of two well-known politicians in separate criminal election charges, both resulting in dismissal of all charges.
Selected Publications & Presentations
- Panelist, “Lessons for Litigators,” St. Thomas School of Law, March 15, 2012
- Moderator, “Drugs, Devices, Money and Medicine: Collaboration or Conspiracy?,” May 18, 2011
- Speaker, “El Futuro Sin Límite/Future Without Limits,” Hispanic National Bar Association 35th Annual Convention, September 8-11, 2010
- Speaker, Fraud in the Life Science Industry: From a Legal and Accounting Perspective, May 8, 2009
- “Thompson Redux: The McNulty Memorandum,” FredNEWS: White Collar & Regulatory Defense, June 2007
- “How to Use and Lose Privileges,” Annual Minnesota Health Law Institute, June 7, 2007
- “Criminal Law Practice Tips for Civil Lawyers: What to do When the Feds are at the Door,” Minnesota State Bar Association Civil Litigation Section, January 25, 2007
- “Department of Justice Policies Held Unconstitutional,” co–authored with Richard Kyle, Jr., Fredrikson & Byron’s White Collar & Regulatory Defense Focus Newsletter, July 2006
- “Qui Tam Litigation and the False Claims Act,” Federal Bar Association, June 13, 2006
- Speaker, “An Inside Look at Guantanamo Bay,” June 2006
- “Where Local Customs & the Law Collide: Conducting Business in Developing Nations Under the Foreign Corrupt Practices Act,” co-authored with Dulce J. Foster, Fredrikson & Byron’s White Collar & Regulatory Defense Focus Newsletter, September 2005
- “What You Need to Know About Marketing & Reimbursement after United States v. Augustine Medical,” Medical Alley, April 5, 2005
- “A Visit From the Feds: What They Can and Cannot Do,” Fredrikson & Byron’s White Collar & Regulatory Defense Focus Newsletter, January 2005
- “Statute Under Fire: Why Both Prosecutors And Defense Attorneys Are Challenging Minnesota’s Election Law,” co-authored with Dulce J. Foster, Fredrikson & Byron’s White Collar & Regulatory Defense Focus Newsletter, July 2004
- “Minnesota Public Companies: Can You ‘Pay For’ Research Coverage?” Fredrikson & Byron’s White Collar & Regulatory Defense Focus Newsletter, November 2003
- “Responding to SEC Investigations in the Post-Enron Age,” Minnesota Institute of Legal Education, March 13, 2003
- “Trading While in Possession, but not ‘on the Basis of,’ Inside Information: Does Martha Have a Defense?” Fredrikson & Byron’s White Collar & Regulatory Defense Focus Newsletter, January 2003
- “Making the Best of a Bad Situation:Handling Tax Examinations with Potential Criminal Law Consequences,” Hennepin County Bar Association, April 15, 2002
- “Healthcare Fraud Investigations: What to do When the Government Comes Knocking,” Lorman Educational Services, December 19, 2000
- “Defense Strategies for Civil and Criminal Healthcare Fraud Investigations,” MILE Seminar, November 10, 2000
- “Healthcare Fraud,” MILE Seminar (Co-Chair), February 29, 2000
- “Financial Investigations,” MILE Seminar, November 12, 1999
- “Between a Rock and a Hard Place: The Prosecution of Lawyers,” Bench & Bar, June 1999
- “When the Deposit Isn’t Made: Abuse of Pension Funds,” ABA Business Law Today, Sept.-Oct. 1998
- “The Heat Is On: Federal Government Clamps Down on Healthcare Fraud,” Minnesota Medicine, June 1998
- “U.S. Supreme Court Update,” MILE, May 9, 1998
- “They Knew What We Were Doing: The Evolution of the Criminal Estoppel Defense,” 23 W. Mitchell Law Review 843 (1997)
- “Healthcare Fraud,” MILE Seminar (Co-Chair), December 9, 1997
- “Corporate Compliance and the Federal Sentencing Guidelines,” MILE Seminar, October 23, 1997
- “Criminal Liability of Healthcare Providers,” MILE Seminar, October 16, 1997
- “Crimes & Misdemeanors II,” Law & Politics, September 11, 1997
- “Leading Your Client Through the FDA Enforcement Maze,” MILE, July 16, 1997
- “Defending Against Food and Drug Prosecutions,” The Champion, July 1997
- “Healthcare Fraud,” MILE, May 20, 1997
- “Preview of 1996-97 U.S. Supreme Court Term,” MILE, December 5, 1996
- “United States v. Najarian: A Postmortem On Regulatory Misdirection,” 131 Arch. Surgery 907, 1996
- “Crimes & Misdemeanors,” Law & Politics, July 29, 1996
- “Representing High Profile Defendants,” MILE, June 13, 1996
- “Defending Physicians Against Claim of Sexual Abuse,” MILE, April 26, 1995
Professional Activities
- Minnesota Supreme Court Advisory Committee on Criminal Rules of Procedure (past member)
- Hennepin County Ethics Committee (past member)
- American Bar Association
- Minnesota State Bar Association
- Hennepin County Bar Association
- National and Minnesota Association of Criminal Defense Lawyers
- Minnesota Civil Liberties Union
- Federal Public Defender Panel
- APRL
Honors & Distinctions
- Fellow, America College of Trial Lawyers (ACTL)
- State Bar Association Board Certified Criminal Law Specialist
- Listed in The Best Lawyers in America
- Named “Super Lawyer,” Minnesota Super Lawyers magazine (formerly Minnesota Law & Politics magazine)
