Jeffrey E. McFadden

Jeffrey McFadden

Overview

Jeffrey E. McFadden is a veteran trial, appellate and enforcement lawyer with nearly 25 years of experience litigating cases in state and federal courts and administrative forums across the country. He represents corporations and individuals in high-stakes civil and criminal litigation, administrative enforcement matters and arbitrations.

Jeff has extensive experience in private securities litigation in areas such as securities fraud class actions, shareholder derivative suits and transaction injunction suits. He has represented corporate and individual clients in SEC and FINRA enforcement investigations and actions involving insider trading, sales practices, accounting fraud, disclosure of related-party transactions, touting, scalping and other securities-related investigations. In the corporate governance space, Jeff has substantial litigation experience in officer and director liability and advancement and indemnification rights under state corporate law. He also has significant experience defending clients in federal False Claims Act cases, particularly in cases alleging health care fraud and mortgage fraud.

Jeff has a wealth of white collar criminal defense and corporate internal investigation experience, including service to the Special Investigative Committee of the Board of Directors of Enron Corp. He represented a former senior government official before the Iran-Contra prosecutor, represented a former foreign government official in a criminal Foreign Corrupt Practices Act investigation, and served as counsel to the Honor Review Committee of the U.S. Naval Academy Board of Visitors, drafting the final report submitted to the Secretary of the Navy.

Jeff secured a significant number of trial-level and appellate victories in state courts around the country while acting as senior supervisory partner for a major client’s national coordinating counsel defending large-scale asbestos, welding fume and silica litigation, heading that team’s motions practice and personally arguing dozens of summary judgment motions and appeals.

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Representative Matters

  • obtained a dismissal with prejudice of a shareholder’s derivative suit in federal court in Louisiana filed after an international oil services company had settled claims by the government under the Foreign Corrupt Practices Act
  • represented the former COO of a major public utility in a tripartite criminal investigation into a gas pipeline explosion. The prosecutors determined not to charge any individual, including the client
  • settled a qui tam suit brought by the federal government and private relators under the federal False Claims Act on behalf of a major managed care provider
  • represented a highly successful businessman and his family in an insider trading investigation brought by the Securities and Exchange Commission. The SEC closed the investigation after testimony
  • shut down a Fortune 50 client’s asbestos litigation in the states of Ohio and Florida through successful litigation of appeals in those states, and shutting down the client’s entire portfolio of welding fume litigation through the filing and winning of an omnibus summary judgment motion in the welding fume multidistrict litigation in Cleveland, Ohio
  • represented a custodial bank owned by a major financial services firm in a securities fraud class action brought against the client and several Madoff “feeder funds” in U.S. District Court for the Southern District of New York. After filing the motion to dismiss, plaintiffs amended their complaint and dropped the client from the case
  • represented a special committee of the board of a corporate aquiree in a shareholder class action seeking to enjoin the sale of the acquiree to an international defense contractor. The suit settled close to the inception of the suit on extremely favorable terms for the client, and the transaction subsequently closed
  • represented numerous entities and individuals in SEC and FINRA enforcement matters in such areas as insider trading, brokerage sales practices, fee-based retail accounts, conflict of interest disclosure, real estate limited partnerships, the Foreign Corrupt Practices Act and accounting fraud
  • represented a high-level former government official from a Central American country in a criminal FCPA investigation run out of the Department of Justice and the U.S. Attorneys' Office for the Eastern District of Virginia
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Credentials

Bar Admissions
  • District of Columbia
  • Florida
  • Maryland
Court Admissions
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for Veterans' Claims
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland
  • U.S. District Court for the Southern District of Florida
Education
  • J.D., magna cum laude, Georgetown University Law Center
  • B.S., with distinction, United States Naval Academy
Memberships

  • Permanent Member, Judicial Conference of the U.S. Court of Appeals for the Fourth Circuit
  • Securities Industry and Financial Management Association, Legal & Compliance Committee
  • American Health Lawyers Association
  • Health Care Compliance Association

Publications

Speaking Engagements

  • Panelist, “Carve In or Carve Out? Paving the Way for an Increase in Litigation Under the Affordable Care Act (ACA),” American Conference Institute 5th Annual Advanced Forum on Managed Care Disputes & Litigation
  • Panelist, “The False Claims Act – Why Is It So Scary?” Ohio Hospital Association’s Annual Meeting
  • Panelist, “The Government is Knocking: Mitigating the Risks of Billing Fraud, False Claims Act Violations, and Other Abuse and Waste,” American Conference Institute Third Annual Advanced Forum on Managed Care Disputes and Litigation
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Recognition

  • Burton Award for Legal Writing
  • Officer Cross pro Merito Militensi, awarded by the Sovereign Military Order of Malta
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In The Community

Jeff is a strong supporter of pro bono work and serves as chairman of the board of the Francis D. Murnaghan, Jr. Appellate Advocacy Fellowship in Baltimore, Maryland.
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