Nicholas C. Theodorou

Partner - Boston

Nick Theodorou
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Contact Information

617.832.1163

617.832.7000

ntheodorou@foleyhoag.com Download vCard

As Chair of Foley Hoag’s White Collar Crime & Government Investigations Practice Group, Nick Theodorou brings significant experience to his white-collar and business crimes practice.  He represents corporations, officers and directors, and other individuals in criminal, civil, and regulatory investigations as well as in criminal prosecutions, complex civil litigation, and administrative enforcement actions. He has been recognized by Chambers USA, Benchmark, The International Who's Who Legal: Investigations, Euromoney's Expert Guides of White Collar Crime and Life Sciences, and Massachusetts Super Lawyers for his effective client counsel. 

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Education:

  • University of Chicago Law School, J.D., 1982
  • Dartmouth College, A.B. in History and Government, summa cum laude, 1979

Representative Experience

Health Care Fraud

  • Defended a major pharmaceutical company in federal anti-kickback and off-label investigations
  • Defended biotechnology, medical device and laboratory company executives and sales representatives in federal anti-kickback, billing and off-label investigations
  • Defended a major specialty pharmacy in federal False Claims Act litigation
  • Defended distributors of medical devices in federal False Claims Act litigation concerning off-label marketing
  • Defended a major insurer against federal charges concerning alleged Medicare fraud and false claims in parallel criminal and qui tam proceedings
  • Defended senior medical device executives and engineers against federal allegations of medical device fraud
  • Represented regional physician organizations in federal and state anti-kickback investigations
  • Defended a major pharmaceutical company in multi-district class action litigation alleging pricing fraud
  • Represented a health care provider in an internal investigation of billing issues and in one of the first voluntary health care disclosures in New England
  • Defended senior scientists in major research misconduct investigation and parallel proceedings
  • Expert witness in federal securities litigation alleging securities fraud concerning off-label promotion

Securities and Financial Fraud

  • Defended the Chief Executive Officer of an affiliate of a global financial institution in a federal Anti-Money Laundering Controls investigation and a related FDIC investigation
  • Defended a major Middle Eastern financial institution in a complex federal tax investigation
  • Defended a senior money manager of a major mutual fund company in a federal criminal insider trading investigation and a subsequent civil SEC enforcement action and trial
  • Defended the founder and former Chief Executive Officer of a technology company in a federal revenue recognition investigation and related derivative and class actions
  • Defended a major financial firm in a class action litigation alleging consumer fraud
  • Defended senior executives, including a Chief Executive Officer, General Counsel and Chief Financial Officers, in stock options investigations
  • Defended the Chairman of the Board of a financial institution in an insider trading investigation
  • Defended the Chief Financial Officer of a large publicly traded company in an investigation by a major stock exchange into the officer’s relationship with securities specialists
  • Defended hedge fund managers and senior executives in market timing and other securities fraud investigations
  • Defended the Chief Financial Officer of a major financial firm and an investment banker of an international financial institution in mortgage-backed securities fraud investigations and litigation
  • Represented an international manufacturer in an internal investigation of alleged kickbacks and gratuities to senior company executives, including pursuit of civil RICO and fraud actions against the executives and contractors involved
  • Represented financial institutions in internal investigations concerning allegations of bank fraud, money laundering and related offenses
  • Conducted Audit Committee and Special Litigation Committee investigations of technology, professional service and life science companies
  • Defended an investment firm in an investigation of the firm’s relationship with a state agency

Other Representative Engagements

  • Defended the Chief Executive Officer of a major company in a federal antitrust investigation and related Multi-District Class Action litigation
  • Defended a government contractor and its Chief Executive Officer against federal charges regarding alleged export violations concerning technology
  • Defended a technology company in parallel criminal and civil investigations against federal charges regarding alleged theft and misuse of government proprietary information
  • Defended an electronic component manufacturer against federal and state charges regarding environmental violations
  • Defended a publicly held environmental remediation company against federal charges regarding RCRA and Clean Water Act violations
  • Defended a power plant company in federal, state and administrative Clean Air Act investigations
  • Defended a government contractor and a senior corporate officer against federal charges regarding alleged gratuities
  • Defended construction engineers against federal allegations of construction fraud
  • Defended public officials and other individuals in state and federal public corruption investigations
  • Served as Special Counsel to the Board of Directors of a multi-billion dollar pension fund in an internal investigation of alleged wrongdoing by fund management and others
  • Served as Special Counsel to the Board of Directors of a nationally recognized non-profit institution in an internal investigation regarding political fundraising activities

Professional Experience

  • Has lectured on federal civil litigation at Harvard Law School and the United States Department of Justice
  • Has made presentations at and served as an expert panelist for CLE programs dealing with issues in criminal law and corporate compliance
  • Don't Look Back: Stock Options Dating and Internal Investigation - Common Factors in Cases Eliciting Government Involvement, co-authored with Neil Austin, BOSTON BAR ASSOCIATION (2007)
  • Off-Label Marketing of Prescription Drugs: A Federal Statutory and Regulatory Overview, co-authored with Martha Mazzone, AMERICAN BAR ASSOCIATION (2004)
  • Voluntary Disclosure of Findings of Internal Investigations - Risks and Benefits, co-authored with Juliet S. Sorensen, NORTHEAST CHAPTER OF ACCA (2003)
  • Who Stole the Cookie from the Cookie Jar? or…Was the Cookie Ever Stolen? A Brief Outline Concerning Internal Investigations, BOSTON BAR ASSOCIATION (2002)
  • Preventing and Defending a False Claims Act Case, MCLE (2000)
  • Corporate Compliance Programs and Sentencing Under the Guidelines for Organizational Defendants, co-authored with H. Lowell Brown and Gregory T. Moffatt, MASSACHUSETTS HOSPITAL ASSOCIATION LEGAL COLLOQUIUM (1997)
  • The Application of the New Federal Criminal Sentencing Guidelines to Banks, MASSACHUSETTS BANKERS ASSOCIATION and FEDERAL BAR ASSOCIATION (1992)
  • Changing the Corporate Ballgame - The New Federal Criminal Sentencing Guidelines for Corporations, co-authored with Gary C. Crossen, BOSTON BAR ASSOCIATION and BOSTON BAR FOUNDATION (1992)
  • The Environmental Audit - Privileged or Discoverable in a Criminal Case?, MCLE (1991)

Foley Hoag Alerts & Updates

Honors

  • Ranked by CHAMBERS USA: AMERICA'S LEADING LAWYERS FOR BUSINESS as one of Massachusetts’ leading lawyers in White Collar Criminal Defense (Band 1)
  • Listed in THE BEST LAWYERS IN AMERICA as one of the best white collar defense lawyers in the United States
  • Recognized as a local litigation star in Benchmark, a guide to America’s leading litigation firms and attorneys
  • Identified as one of the world’s leading investigations lawyers in WHO'S WHO LEGAL: INVESTIGATIONS
  • Listed as one of the world's leading practitioners in the field in EUROMONEY'S WHITE COLLAR CRIME EXPERT GUIDE
  • Listed as a “Life Sciences Star” for non IP litigation in LMG LIFE SCIENCES
  • Named as a Massachusetts Super Lawyer
  • Dartmouth College - Phi Beta Kappa, summa cum laude, Recipient of McCornack History Prize, Colby Political Science Prize and Woodbury Law Scholarship

Involvement

  • Boston Bar Association, Member 
  • Massachusetts Bar Association, Member 
  • American Bar Association, Member 
  • National Association of Criminal Defense Lawyers, Member
  • Lifetime Fellow, American Bar Foundation
  • Panelist at Boston Bar Association discussion on FDIC litigation (March 2017) 
  • Panelist on "Hot Topics in SEC Enforcement," Federal Bar Association of Massachusetts (September 2016)
  • Panelist on “Healthcare Fraud 2015: New Approaches and New Developments,” Boston Bar Association (May 2015)
  • Speaker at the Boston Bar Association's CLE program on "Criminal Law & Employment Issues: Are You in the Know?" (October 2014)
  • Moderator at the American Conference Institute's Prescription Drug Pricing program on "Federal Enforcers' Pricing and Reimbursement Update: Federal Enforcers Roundtable" (June 2014)
  • Speaker at Law Seminars International's Conference on Class Actions on "Qui Tam Litigation as a Model for Replacing Private Class Action Enforcement" (June 2013)
  • Panelist on "SEC/DOJ Trends & Developments" at the Boston Bar Association's CLE program on Securities Enforcement: Recent Developments, Trial Strategies & Getting to a Non-Prosecution Agreement (April 2013)
  • Speaker at the American Conference Institute's Prescription Drug Pricing program on "The Age of the Whistleblower: Exploring the Role of Qui Tams in Pricing Actions" (February 2013 and June 2012)
  • Speaker at ACC Northeast Chapter Annual Conference on “Corporate Fraud:  Hot Issues in Enforcement and What Keeps You Up at Night” (November 2012)
  • Speaker at the Boston Bar Association's CLE program on "Securities Enforcement: What's Up at the SEC—Whistleblowing, Insider Trading, and the FCPA" (April 2011) 
  • Speaker at the New York City Bar's CLE program on "Off-Label Marketing of Drugs and Devices: Recent Enforcement Efforts, Hot Topics & More" (January 2011)
  • Speaker at the American Conference Institute's program on "Government Investigations For Life Sciences" (September 2010)   
  • Panelist on "Avoiding Kick-back Allegations When Collaborating With Healthcare Providers" at the American Conference Institute’s program on “Reducing Legal and Compliance Risks in the Sale and Marketing of Medical Devices” (April 2010)
  • Panelist on "Strategically Preparing and Filing a Voluntary Disclosure" at the American Conference Institute's conference on FCPA and International Anti-Corruption for the Pharmaceutical and Medical Device Industries (April 2009)
  • Moderated panels on "Healthcare Fraud" at the American Bar Association's National Institute on White Collar Crime (2009 and 2004)
  • Panelist on "Health Law Enforcement Update" sponsored by the American Bar Association Health Law Section and the ABA Center for Continuing Legal Education (December 2008)
  • Panelist on "Welcome to the Field of Healthcare Fraud Defense, Where Nothing Is Static and 'Victory' Is Hard to Define" at the American Bar Association's National Institute on White Collar Crime (March 2008)
  • Speaker at the Boston Bar Association's CLE program on "Don't Look Back: Stock Option Dating and Investigations" (April 2007)
  • Panelist on the American Bar Association White Collar Committee Northeast Regional Section’s program on “Healthcare Fraud Enforcement, the McNulty Memo and Other Important White Collar Crime Topics” (February 2007)
  • Speaker on government investigations and related issues at the American Conference Institute’s programs on investigations in the pharmaceutical industry (January 2007 and April 2006)
  • Served as Chair and Moderator of panels on investigations of the pharmaceutical industry at the American Conference Institute’s National In-House Counsel Forum on Prescription Drug Pricing (2008, 2007, 2006, 2004, 2003 and 2002)
  • Served as Chair and Moderator of panels on investigations of the medical device industry at the American Conference Institute’s Annual Conference on “Reducing Legal Risks in the Sale and Marketing of Medical Devices” (2008, 2007, 2005, 2004 and 2003)
  • Served as Chair and Moderator of panels on investigations of the Pharmaceutical Benefit Management Industry at the American Conference Institute’s Annual Forum on “Minimizing Legal Risk in Pharmaceutical Benefit Management” (2005 and 2004)
  • Speaker at ACC Northeast Chapter Annual Conference on “The New World of Government Enforcement” (November 2003)
  • Speaker at the Boston Bar Association's CLE program on "The Criminalization of Business Practices - Successful Strategies to Avoid Indictment" (April 2002)
  • Speaker at the Massachusetts Hospital Association Legal Colloquium on "Health Care Fraud and Abuse" (February 1997)
  • Speaker at the Massachusetts Bar Institute's CLE program on "Federal Court Criminal Practice: A Primer" (October 1996)
  • Speaker at the Massachusetts Bankers Association's and Federal Bar Association's program on "Review of Civil & Criminal Enforcement Actions Against Massachusetts Banks Under State and Federal Laws" (May 1992)
  • Speaker at the Boston Bar Foundation's CLE program on "New Federal Corporate Sentencing Guidelines" (March 1992)
  • Speaker at a Massachusetts CLE program on "Environmental Law for the Experienced Professional - Compliance Strategies in Hard Times" (1991)
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Bar Admissions

  • Massachusetts

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the First Circuit