Jeffrey E. McFadden

Jeffrey McFadden

Overview

Jeffrey E. McFadden is a veteran trial, appellate, and enforcement lawyer with more than 27 years of experience litigating – and winning -- cases in state and federal courts and administrative forums across the country. He represents corporations, primarily in the insurance and financial products sectors, and individuals in high-stakes civil and criminal litigation, administrative enforcement matters, and arbitrations. He has led or been involved in any number of internal investigations on behalf of financial services, insurance, and other corporate clients, with a particular focus on financial and accounting fraud, including the Special Investigative Committee of the Board of Directors of Enron Corp.

Jeff’s litigation track record may best be exemplified by the significant number of trial-level and appellate victories he obtained over a seven-year period in federal and state courts around the country while serving as a senior supervisory partner and national trial counsel for a Fortune 50 insurance company, 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, Jeff virtually shut down the client’s asbestos litigation in several states and neutralized its welding fume and silica litigation before it got off the ground, saving the client tens of millions of dollars in settlement and defense costs. On behalf of another large insurance company, Jeff is currently representing one of the corporate defendants in the personal injury cases arising out of the mass shooting at the Washington Navy Yard in 2013.

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Representative Matters

  • 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 shut 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
  • 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
  • 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 acquiree 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
  • Maryland
  • Florida
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

Upcoming Presentations

Speaking Engagements

  • Moderator, “The Future of Insider Trading Prosecutions in the Post-Salman Era,” Stradley Ronon CLE
  • Panelist, “Deep-Dive into Healthcare False Claims: Analysis of Current Trends in False Claims Cases for MCOs,” American Conference Institute’s Managed Care Litigation Conference
  • Panelist,  “A Case Study: How to Conduct an Effective and Compliant Internal Investigation,” Health Care Compliance Association Managed Care Compliance Conference
  • Panelist, “I am your Board Member. Please listen to me as to what Compliance education I need in order to serve as an effective Board Member,” Health Care Compliance Association Managed Care Compliance Conference
  • Panelist, “Managed Care: Hot Legal Topics,” Health Care Compliance Association Compliance Institute
  • Panelist,  “No Good Deed Goes Unpunished:  When a Compliance Professional’s Relationship with Regulators Transforms from Collaboration to Enforcement,” Health Care Compliance Association Managed Care Compliance Conference
  • Panelist, “The Outer Limits:  Understanding When a Compliance Matter Becomes a Legal Matter, and What To Do When It Does,” Health Care Compliance Association Managed Care Compliance Conference
  • 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
  • Fellow, American Bar Foundation
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In The Community

Jeff is a strong supporter of pro bono work and is a law firm leader and director of the Council for Court Excellence in Washington, DC.  He previously served as chairman of the board of the Francis D. Murnaghan, Jr. Appellate Advocacy Fellowship in Baltimore, Maryland. Jeff also represents veterans and their beneficiaries in the prosecution of their benefit claims before the U.S. Department of Veterans Affairs, and participates annually as a mentor/coach in the Mock Court Program of the Historical Society of the District of Columbia Circuit
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