Thomas W. McNamara

Tom McNamara represents clients in federal and state courts and in grand jury and SEC investigations across the country. As a former long-time federal prosecutor and seasoned defense attorney who has practiced with firms, big and small, he brings a wealth of experience to each matter. He understands the complexities of investigations and prosecutions and navigates clients through the process in the most advantageous manner possible.

Mr. McNamara has worked on matters involving allegations of health care fraud, computer crimes, financial fraud, FDA violations and insider trading. He has conducted internal investigations on behalf of inside counsel and board committees. He has also represented clients in complex commercial litigation and class actions in federal and state courts. He has tried numerous cases to judges, juries and arbitration panels.

Mr. McNamara has also been appointed receiver by U.S. District Courts throughout the country in actions brought by the SEC, the Commodity Futures Trading Commission, the Federal Trade Commission, the Consumer Financial Protection Bureau and state regulators. He has been appointed monitor in a consumer protection action brought by the Federal Trade Commission.

Representative government investigation and enforcement matters include the following:

• Representing companies and individuals in investigations of alleged misbranding and adulteration under the Federal Food Drug and Cosmetic Act (FDCA)
• Representing pharmaceutical executives in Off-Label Promotion investigations
• Conducting internal investigations into issues such as allegations of self-dealing, revenue recognition, and employee threats
• Representing hospital executive in Anti-Kickback investigation and prosecution brought by the U.S. Attorney’s office; charges dismissed after trial
• Representing senior city executive in SEC investigation into municipal bond issuances and disclosure documents
• Representing attorney in SEC insider trading investigation
• Representing executive in computer crimes investigation and prosecution
• Representing individual in government procurement fraud prosecution

Mr. McNamara’s practice also encompasses complex commercial litigation and class actions in federal and state courts. These matters include consumer class actions, securities class actions, trademark and trade secret lawsuits, and contract disputes.

Representative civil litigation matters include the following:

• Defending Telephone Consumer Protection Act (TCPA) class action cases on behalf of companies
• Defending securities class actions in state and federal court on behalf of developer client
• Defending consumer class actions arising out of the September 2011 Southern California electrical blackout
• Prosecuting Lanham Act violations on behalf of Fortune 500 company
• Defending California Wiretap class action cases on behalf of financial services client

Assistant United States Attorney, U.S. Attorney’s Office for the Southern District of California (1991-2002). Focused on major economic crimes and public corruption. He worked on the Campaign Financing Task Force in Washington, D.C., investigating violations of federal campaign finance laws during the 1996 presidential election, and was the lead prosecutor in the Task Force’s first indicted case.

Recognitions

• U.S. Department of Justice, Director’s Award (1996 and 2001)

Admissions

• California
• District of Columbia
• Nevada
• U.S. District Courts for the Central and Southern Districts of California
• U.S. Court of Appeals for the Ninth Circuit

Professional Activities

• American Bar Association, Member, Criminal Justice Section, White Collar Crime Committee
• San Diego County Bar Association
• Irish American Bar Association of San Diego

Publications and Speaking Engagements

• “Increased Focus on Enforcement in Clinical Research – Lessons from Recent Cases,” Corporate Compliance Program sponsored by the San Diego Regulatory Affairs Network, April 17, 2014
• Panelist, Bribery and Anti-Corruption panel, “International Business: Navigating Risk on the Road to Growth,” Ballard Spahr, City National Bank, Eversheds, and McGladrey seminar, Las Vegas, June 22, 2012
• “Criminal Tax Issues,” Nevada Society of Certified Public Accountants,
  February 16, 2012
• Panelist, “Intensifying Scrutiny – New Laws and Increased Enforcement in Pharmaceutical and Medical Device Industries,” Ballard Spahr webinar, December 8, 2011
• “Foreign Corrupt Practices Act and the Life Sciences Industry,” Corporate Compliance Program sponsored by the Orange County Regulatory Affairs Discussion Group and the San Diego Regulatory Affairs Network, October 19, 2011
• “How the Dodd-Frank Financial Reform Act and Other Recent Federal Initiatives May Play Out with More Prosecutions, Regulatory Enforcement Actions, and Civil Litigation,” Utah State Bar Convention, July 2011
• “U.S. Government’s Crackdown on Corruption Targets Health Care Industry,” Los Angeles Daily Journal, June 3, 2011
• “FCPA Enforcement in the Health Care Industry: Stronger Than It Has Ever Been and Getting Stronger,” BNA’s Medical Devices Law & Industry Report, June 1, 2011
• Panelist, “Money Laundering and Other Compliance Issues,” INSOL International Annual Regional Conference 2011, Singapore