Anthony D. Mirenda

Representative Experience

Business Crimes and Government Investigations

• Conducted an internal investigation for a diagnostic testing company concerning potential violations of the federal Stark and Anti-Kickback laws.
• Represented the chief executive of a major U.S. manufacturer in connection with an investigation of alleged U.S. and European export law violations.
• Advised a U.S. exporter in making a voluntary disclosure concerning potential OFAC sanctions violations, successfully avoiding financial penalties and securing a necessary license. 
• Represented the chief executive of a major U.S. exporter in connection with internal and federal investigations of alleged violations of the Foreign Corrupt Practices Act.
• Conducted an internal investigation for a health care company concerning potential insider trading allegations.
• Conducted an internal investigation for an early-stage diagnostic testing company concerning allegations of potential misrepresentations to investors. 
• Conducted an internal investigation for a health care technology company concerning potential "deemed export" and other export control violations, avoiding penalties by voluntary disclosure and implementation of necessary corrective measures.
• Advise global manufacturer on implementation and enhancement of anti-corruption compliance program.
• Won the dismissal of all allegations in favor of a former executive at a financial services company in a SEC civil enforcement action in a case arising out of a complex group of transactions concerning the combination of certain defined-contribution plans. The win was affirmed by the First Circuit.
• Conducted an internal investigation for a board audit committee concerning allegations of potential misrepresentations by management to board and auditor.
• Conducted an internal investigation for a high tech company concerning potential export control violations, avoiding sanctions by voluntary disclosure and implementation of necessary corrective measures.
• Represented an international manufacturer in an internal investigation of an alleged vendor kickback scheme and other wrongdoing involving senior company executives, pursuing civil RICO actions against individuals and vendors involved. Obtained successful recovery.
• Advised high technology and software companies in connection with voluntary disclosure of possible export controls violations involving various technologies, including technical data related to aerospace applications, aerodynamics testing, and military technology.
• Represented a financial institution in an internal investigation, and subsequent civil litigation, concerning alleged wrongdoing by senior management, including allegations of fraud, FDIC regulatory violations, and environmental violations. Successfully represented the institution in pursuing multi-million dollar fiduciary insurance recovery.
• Represented a nationally recognized not-for-profit organization in an internal review concerning allegations regarding fundraising activities.
• Represented a multi-billion dollar pension fund in an internal investigation of alleged wrongdoing by fund management and others.
• Defended a government contractor against federal charges regarding alleged theft or other misuse of classified and/or proprietary information from the government in parallel criminal and civil investigations.
• Defended a government contractor against claimed violations of the federal False Claims Act asserted in a qui tam action by a purported whistleblower, persuading the federal government not to intervene in the case and eventually obtaining dismissal of all counts.
• Represented a corporation in an extensive federal investigation and parallel criminal and qui tam proceedings involving alleged Medicare fraud and false claims.
• Defended an individual against federal espionage and other charges regarding the alleged theft of proprietary technology and classified information.

Business Disputes and Complex Civil Litigation

• Defended a sovereign government against allegations of state-sponsored hacking and cyber-espionage, including alleged violations of the Federal Computer Fraud and Abuse Act, the Federal Stored Communications Act and the Federal Wiretap Act.
• Defended a major U.S. energy company in federal and state investigations concerning a serious accident involving multiple fatalities, resolving those investigations without criminal charges, successfully resolving subsequent civil wrongful death litigation, and recovering substantial defense costs from other responsible parties and their insurers.  
• Defended a major French company and its employees in an action alleging violations of the Computer Fraud and Abuse Act and theft of trade secrets brought against them in federal district court in California.  At trial, obtained a unanimous favorable jury verdict.
• Represented an international corporation and its US subsidiary in federal court litigation involving claims of commercial wrongdoing and fraud. At trial, obtained $150 million judgment for client. The win was affirmed by the Eleventh Circuit.
• Represented an international corporation in federal court litigation involving claims of commercial wrongdoing and fraud.  At trial, defeated claims seeking over $50 million and obtained a multi-million dollar judgment in the client’s favor.  Prevailed on cross-appeals, not only preserving the win but also increasing the damages awarded to our client by over $60 million.
• Defended an international company in a case involving allegations of commercial wrongdoing and bribery, defeating claims for over $160 million and obtaining a multi-million dollar award in the client’s favor after cross-appeals.
• Defended an internationally recognized non-profit and its executive director against a defamation claim arising out of the non-profit’s human rights work.
• Defended a Big Four accounting firm and its partners against allegations of fraud, breach of fiduciary duty and civil RICO in a four-week jury trial. Plaintiff-investors claimed that the company's financial statements materially misstated complex issues of purchase accounting, revenue recognition and reserves relating to government payors. The jury exonerated the firm and its partners of fraud, breach of fiduciary duty and civil RICO, awarding only a small fraction of the amount sought by plaintiffs.
• Defended a high-tech provider of custom hardware and engineering solutions against claims asserted by a competitor of trade secret theft, copyright infringement and DMCA violations.
• Defended a national bank against claims of fraud, obtaining summary judgment dismissing claims. The win was affirmed on appeal.
• Defended a government contractor and an individual against federal charges regarding alleged export violations concerning military technology.
• Represented a national publishing company in an internal investigation of alleged kickbacks and gratuities to senior executives, pursuing a civil RICO action against individuals and contractors involved.

Trademark

• Represented the American Fidelity Group, which provides insurance and financial services, in federal litigation brought in Pennsylvania and Oklahoma, to protect its right to the American Fidelity name, fully vindicating American Fidelity's rights at trial.
• Represented a national financial services institution in litigation to protect its trademark rights.
• Represented Converse Inc. in litigation to protect its famous trademarks, including the All-Star mark.
• Defended an international manufacturer and distributor of health care products against claims of trademark infringement.

Pro Bono Matters

• Commonwealth v. Caliz, Massachusetts Supreme Judicial Court (2020), amicus brief on behalf of the Massachusetts Association of Criminal Defense Lawyers concerning restoring discretion to sentencing judges to award credit for served in custody without a valid supporting conviction.
• Commonwealth v. Evelyn, Massachusetts Supreme Judicial Court (2020), amicus brief on behalf of the Massachusetts Association of Criminal Defense Lawyers, the ACLU of Massachusetts, the New England Innocence Project and others concerning racial bias in establishing reasonable suspicion to justify a search.
• Commonwealth v. Claudio, Massachusetts Supreme Judicial Court (2020), amicus brief on behalf of the Massachusetts Association of Criminal Defense Lawyers, the ACLU of Massachusetts, the New England Innocence Project and others concerning extending protections to defendants who withdraw guilty pleas affected by systemic misconduct at state drug labs and the related cover-up.
• Commonwealth v. German, Massachusetts Supreme Judicial Court (2019), amicus brief on behalf of the New England Innocence Project and others concerning the risks of erroneous identification present by the use of show-up identification procedures.
• Commonwealth v. Williams, Massachusetts Supreme Judicial Court (2019), amicus brief on behalf of the Massachusetts Association of Criminal Defense Lawyers, the ACLU of Massachusetts, the New England Innocence Project and others concerning racial bias affecting for-cause challenges to prospective jurors.
• Commonwealth v. Jones, Massachusetts Supreme Judicial Court (2017), amicus brief on behalf of the Victim Rights Law Center, Jane Doe, Inc. and the Boston Area Rape Crisis Center concerning protecting mental health counseling privileges.
• Commonwealth v. Thomas, Massachusetts Supreme Judicial Court (2017), amicus brief on behalf of the Massachusetts Association of Criminal Defense Lawyers concerning the risks of erroneous identification presented by suggestive out-of-court identification procedures.
• Pleau v. United States; Chafee v. United States, United States Supreme Court (2013), amicus brief in support of certiorari on behalf of the National Association of Criminal Defense Lawyers, the Rhode Island ACLU and others concerning federal circumvention of the Interstate Agreement on Detainers in order to seek the death penalty for an individual in state custody.
• Jimenez v. Texas, United States Supreme Court (2013), amicus brief in support of certiorari on behalf of constitutional law professors concerning the constitutional standard for a state habeas petitioner to raise a freestanding claim of actual innocence.
• Finch v. Commonwealth Health Insurance Connector Authority, Massachusetts Supreme Judicial Court (2012), amicus brief on behalf of the ACLU of Massachusetts, concerning the unconstitutionality of the exclusion of certain categories of lawful resident aliens from access to state health care insurance coverage.
• Saysana v. Gillen; Hy v. Gillen, First Circuit Court of Appeals (2009), amicus brief on behalf of PAIR, Inc. and others concerning challenge to mandatory detention of certain immigrants.
• Claiborne v. United States, United States Supreme Court (2007), amicus brief on behalf of U.S. Senators Kennedy, Hatch and Feinstein concerning the promotion of transparency in sentencing and the preservation of judicial discretion sufficient to allow the fair and thoughtful imposition of individual sentences.
• Cote-Whitacre et al. v. Department of Public Health, Massachusetts Supreme Judicial Court (2006), amicus brief on behalf of twenty-seven civil rights organizations and eleven university professors concerning the unconstitutionality of the application of a 1913 state law to limit the right to equal access to marriage.
• Goodridge et al. v. Department of Public Health, Massachusetts Supreme Judicial Court (2003), amicus brief on behalf of constitutional law professors concerning the state constitutional right to equal access to marriage.
• Frizado v. Frizado, Massachusetts Supreme Judicial Court (1995), amicus brief on behalf of the Domestic Violence Council, the Massachusetts Coalition of Battered Women’s Service Groups, and the Women’s Bar Association concerning the constitutionality of Massachusetts’ Abuse Prevention Act, M.G.L. c. 209A.