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Michael R. Gordon

Partner
+1.919.466.1114
Fax +1.919.516.2114

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

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.

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 North Carolina Department of Revenue, the Office of the Inspector General (OIG), and the Carolinas Center for Medical Excellence.

Achievements

  • Best Lawyers in America, Health Care Law, 2013-2014

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, 2010-2011)
  • 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

  • “Recent Developments in Foreign Corrupt Practices Act (FCPA) Enforcement and Ethical Considerations During Global Internal Investigations,” Panel Discussion at K&L Gates, CLE: Hot Topics for In-House Counsel, February 6, 2014
  • “Vindication for Twice-Indicted In-House Attorney,” Panel Discussion at K&L Gates CLE: Hot Topics for In-House Counsel, January 31, 2013
  • “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
  • Defended company in criminal investigation by North Carolina Department of Revenue for sales tax fraud.
  • Conducted internal investigation for biopharmaceutical company regarding allegations of off-label marketing of Food and Drug Administration (FDA) - approved drugs.
  • 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.
  • 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.
  • Defended international company in investigation brought by North Carolina Attorney General’s Office, Consumer Protection Division, regarding an alleged Ponzi scheme.
  • Defended anesthesia practice in qui tam (whistleblower) case brought by U.S. Attorney’s Office and North Carolina Medicaid Fraud Control Unit.
  • Defended gastroenterology practice in false claims act investigation brought by TriCare and U.S. Attorney’s office.
  • Defended psychiatry practice in Medicare/Medicaid fraud investigation by U.S. Attorney’s Office and North Carolina Medicaid Fraud Control Unit.
  • Represented MRI company in investigation by North Carolina Attorney General’s Office, Consumer Protection Division.
  • 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.
  • Conducted internal investigation for bank regarding alleged money laundering.
  • 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.
  • Conducted internal investigation regarding staffing company’s alleged hiring of illegal aliens and assisted company in producing documents and making employees available for interviews.

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.
  • Defended hospitals in matters before the Carolinas Center for Medical Excellence regarding an alleged EMTALA violation.
  • Represent physicians before the North Carolina Medical Board.
  • Defended a physician in matter before the Carolinas Center for Medical Excellence regarding an alleged EMTALA violation.
  • Defended behavioral health company in dispute with its Local Management Entity (LME).

Commercial Litigation
  • Prosecuted medical practice’s breach of contract and Unfair and Deceptive Trade Practices Act claims against billing company.
  • Defended national trucking company in fraud/breach of contract case.
  • Defended hospital in gender discrimination case brought by male physician.
  • Defended hospital in Fair Labor Standards Act (“FLSA”) and North Carolina Wage and Hour Act claims.
  • Defended national movie theatre company in fraud action.
  • Defended hospital in breach of separation claim brought by former Chief Operating Officer; prosecuted counterclaims for misappropriation of trade secrets, breach of fiduciary duty, violation of Computer Fraud and Abuse Act and Unfair and Deceptive Trade Practices Act.
  • Defended neurosurgeon in hospital’s breach of recruiting agreement claim.
  • Defended insurance company in hospital’s bad faith claim.

Tort Claims
  • Defended hospital regarding alleged EMTALA and §1983 (Civil Rights) violations.
  • 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.
  • Defended pawn shop in wrongful death action brought by police officer’s estate concerning alleged “straw” purchase.