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Michael R. Gordon

Partner
Research Triangle Park
+1.919.466.1114
Fax +1.919.516.2114

Primary Practice

Secondary Practices

Education

  • J.D., Brooklyn Law School, 1995, (Moot Court Honor Society; Student Bar Association, Class Representative, Alumni Committee)
  • B.A., Tulane University, 1992, (cum laude; Deans List)

Admissions

  • Bar of New York
  • Bar of North Carolina
  • United States District Court for the Eastern District of North Carolina
  • United States District Court for the Middle District of North Carolina
  • United States District Court for the Western District of North Carolina
  • Biography Overview
  • Additional Background
  • Representative Work

Mr. Gordon is a litigator whose practice focuses on white collar criminal defense and investigations, complex civil and commercial litigation, and administrative matters.

Mr. Gordon has represented clients in matters or investigations brought by the U.S. Attorney’s Office in the Eastern District, Middle District and Western District of North Carolina, the North Carolina Medicaid Investigations Unit and the Consumer Protection Division of the North Carolina Attorney General’s Office, the Office of the Inspector General (OIG), and the Carolinas Center for Medical Excellence. 

After law school, Mr. Gordon served for three years as an Assistant District Attorney in New York City in the Manhattan District Attorney’s Office under the Honorable Robert M. Morgenthau.

Achievements

  • Best Lawyers in America, Health Care Law, 2012

Professional/Civic Activities

  • Wake County Bar Association
  • North Carolina Bar Association (Member of the Minorities in the Profession Committee, 2010-present)
  • North Carolina Society of Health Care Attorneys (Education Committee, 2010-present)
  • New York Bar Association
  • Big Brothers Big Sisters of the Triangle, Inc. (Board of Directors, 2010-2012)
  • North Carolina Medical Society’s Healthcare Audit Resource Team (2010-2011)

Speaking Engagements

  • “Corporate Culture and Ethical Leadership under the Federal Sentencing Guidelines – What Should Boards, Management, and Policy Makers Do Now?” Rand Roundtable Symposium, May 16, 2012
  • “Criminal Enforcement in the Health Care Area in North Carolina,” North Carolina Bar Association Health Section Annual Meeting, April 2011
  • “Target on Pharma and Medical Devices: A New Enforcement Environment,” K&L Gates Webinar, December 2010
  • “Strong Currents – Health Care Fraud & Abuse Enforcement in a Climate of Reform,” North Carolina Society of Health Care Attorneys, September 2010
  • Presenter, "What to Do When the Investigators Come Knocking?" North Carolina Bar Foundation 2005 Health Law Primer, November 2005

Investigations/White Collar Criminal Defense

  • Conducted internal investigation for biopharmaceutical company regarding allegations of off-label marketing.
  • Conducted internal investigation for mobile imaging services company regarding allegations of unlawful wire tapping.
  • Represented international mortgage service company in connection with grand jury investigation regarding alleged bankruptcy fraud. No adverse action taken against client.
  • Conducted internal investigation for multi-office pediatric practice concerning vaccination inventory issues.
  • Handled medical practice’s voluntary disclosure to the U.S. Attorney’s Office of improper receipts of Medicare and Medicaid funds. Represented practice in indemnity action against billing company, recovering nearly the entire amount repaid to the government.
  • Defended international company in investigation brought by North Carolina Attorney General’s Office, Consumer Protection Division, regarding an alleged Ponzi scheme. No adverse action taken against client.
  • Defended anesthesia practice in qui tam (whistleblower) case brought by U.S. Attorney’s Office and North Carolina Medicaid Fraud Control Unit. Case settled with no criminal charges.
  • Defended gastroenterology practice in false claims act investigation brought by TriCare and U.S. Attorney’s office. Case settled with no criminal charges.
  • Defended psychiatry practice in Medicare/Medicaid fraud investigation by U.S. Attorney’s Office and North Carolina Medicaid Fraud Control Unit. Case settled with no criminal charges.
  • Represented MRI company in investigation by North Carolina Attorney General’s Office, Consumer Protection Division. No adverse action taken against client.
  • Conducted internal investigation for national real estate investment trust (REIT) regarding mortgage fraud matter and assisted REIT in complying with voluminous document production in response to subpoena from U.S. Attorney’s Office.  No adverse action taken against client.
  • Conducted internal investigation for bank regarding alleged money laundering. No adverse action taken against client.
  • Conducted internal investigation and defended national hotel management company in alleged fraudulent billing of the armed forces in investigation brought by U.S. Attorney’s Office. No adverse action taken against client.
  • Conducted internal investigation regarding staffing company’s alleged hiring of illegal aliens and assisted company in producing documents and making employees available for interviews.  No adverse action taken against client.
  • Assisted international investment bank by interfacing with U.S. Attorney’s Office  and preparing bank employee for testimony at criminal trial.
  • Assisted national health care analytics company with responses to scores of subpoena.
  • Assisted international research scientific institute with response to subpoena.
Administrative Matters
  • Represented national management company concerning inquiries by the North Carolina Medical Board.
  • Represented national dental service organization and North Carolina dentists concerning matters with the North Carolina Board of Dental Examiners.
  • Represented engineer before North Carolina Board of Examiners for Engineers and Surveyors. The Board dismissed the charges after the settlement conference.
  • Defended hospitals in matters before the Carolinas Center for Medical Excellence regarding an alleged EMTALA violation. No adverse action taken against clients to date.
  • Represent physicians before the North Carolina Medical Board. Recently convinced the NCMB to reverse decision to charge client.
  • Defended a physician in matter before the Carolinas Center for Medical Excellence regarding an alleged EMTALA violation. No adverse action taken against clients.
  • Defended behavioral health company in dispute with its Local Management Entity (LME). Case settled.
Commercial Litigation
  • Defended hospital in breach of separation claim brought by former Chief Operating Officer. Case settled.
  • Defended neurosurgeon in hospital’s breach of recruiting agreement claim. Case settled in arbitration.
  • Defended insurance company in hospital’s bad faith claim. Case settled.
  • Assisted national health care analytics company in preparing employee for deposition and avoiding litigation for the company.
  • Defended national trucking company in fraud/breach of contract. Case settled.
  • Defended national movie theatre company in fraud action. Case settled.
  • Represented log home manufacturer/builder regarding several pre-suit claims.
Tort Claims
  • Defended hospital regarding alleged EMTALA and §1983 (Civil Rights) violations. Case settled.
  • Defended scores of health care providers (hospitals, medical practices, physicians and nurses) in medical malpractice matters, including four jury trials.
  • Defended company in wrongful death claim involving a diver drowning in a dam. Case settled in Davidson County court.
  • Defended pawn shop in wrongful death brought by police officer’s estate. Case dismissed in Wake County court.
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