Nicholas C. Theodorou

Partner - Boston

Contact Information

617.832.1163

617.832.7000

ntheodorou@foleyhoag.com Download vCard

As Chair of Foley Hoag’s Business Crimes and 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 and complex civil litigation, and has been recognized by Chambers USA, Benchmark, The International Who’s Who of Business Crime Lawyers and Massachusetts Super Lawyers for his effective client counsel. Nick served for over 10 years as a member of the firm's Executive Committee.

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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

Securities and Financial Fraud

  • Defended a senior money manager of a major mutual fund company in a federal criminal insider trading investigation, in a subsequent civil SEC enforcement action and trial and in a related commodities fraud class action
  • Defended the founder and former Chief Executive Officer of a high technology company in a federal revenue recognition investigation and related derivative and class actions
  • Defended the Chief Financial Officer of a high-technology company in a federal class action litigation alleging revenue recognition fraud
  • Defended major brokerage firm in a class action alleging consumer fraud
  • Defended senior executives, including a Chief Executive Officer, General Counsel and Chief Financial Officers, in stock options investigations and related civil actions
  • 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 investigations and related securities class actions

Health Care Fraud

  • Defended a major pharmaceutical company in federal anti-kickback and off-label investigations
  • Defended a major specialty pharmacy in federal False Claims Act litigation
  • Defended several distributors of medical devices in federal False Claims Act litigation
  • Defended a major insurer against federal charges concerning alleged Medicare fraud and false claims in parallel criminal and qui tam proceedings
  • Defended senior biomedical engineers against federal allegations of medical device fraud
  • Defended a major pharmaceutical company in multi-district class action litigation alleging price fraud
  • Defended biotechnology company executives and sales representatives in federal anti-kickback and off-label investigations
  • Represented a health care provider in an internal investigation of billing issues and in one of the first voluntary disclosures in New England under “Operation Restore Trust”

Other Major Engagements

  • Defended a major Middle Eastern financial institution in a federal tax investigation
  • Defended an investment firm in an investigation of the firm’s relationship with a state agency
  • 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
  • Defended a government contractor and Chief Executive Officer against federal charges regarding alleged export violations concerning military technology
  • Defended a high 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 firm against federal charges regarding RCRA and Clean Water Act violations
  • Defended a government contractor and corporate officers against federal charges regarding alleged gratuities
  • 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 nationally recognized non-profit institution in internal investigation regarding political fundraising activities
  • Defended construction engineers against federal allegations of construction fraud
  • Represented financial institutions in internal investigations concerning allegations of bank fraud, money laundering and related offenses
  • Defended public officials and other individuals in state and federal public corruption investigations

Professional Experience

  • Has lectured on federal civil litigation at Harvard Law School and at the United States Department of Justice and has participated in several continuing legal education programs dealing with issues in criminal law.
  • Government Enforcement Before and After They Knock on Your Door - Key Considerations for Companies Facing Government Investigations
  • Recent Federal Medical Device Prosecutions, AMERICAN CONFERENCE INSTITUTE (November 2005)
  • Off-Label Marketing of Prescription Drugs: A Federal and Statutory Overview, AMERICAN BAR ASSOCIATION (April 2004)
  • Voluntary Disclosure of Findings of Internal Investigations - Risks and Benefits, NORTHEAST CHAPTER OF ACCA (November 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)
  • Discovery in Federal Criminal Cases, MCLE (1996)
  • Corporate Compliance Programs and Sentencing Under the Guidelines for Organization Defendants (April 1993)
  • The Application of the New Federal Corporate Sentencing Guidelines to Banks, MASSACHUSETTS BANKERS ASSOCIATION (May 1992)
  • Changing the Corporate Ballgame -- The New Federal Criminal Sentencing Guidelines for Corporations, BOSTON BAR ASSOCIATION (March 1992)
  • The Environmental Audit-Privileged or Discoverable in a Criminal Case?, MCLE (March 1991)

Honors

  • Listed in Guide to the World's Leading White Collar Crime Lawyers, 5th Edition
  • Listed in LMG Life Sciences 2012: The Definitive Guide to the Leading Firms and Attorneys in U.S. Life Sciences
  • Recognized as local litigation star in Benchmark, a guide to America’s leading litigation firms and attorneys
  • Ranked by CHAMBERS USA: AMERICA'S LEADING LAWYERS FOR BUSINESS as one of Massachusetts’ leading White Collar Criminal Defense lawyers (Band 1)
  • Listed among the best white collar defense lawyers in the United States in the publication THE BEST LAWYERS IN AMERICA
  • Named as a Massachusetts Super Lawyer; named as one of the top 100 Massachusetts Super Lawyers
  • Listed in THE INTERNATIONAL WHO’S WHO OF BUSINESS CRIME LAWYERS as one of Massachusetts’ leading business crimes lawyers
  • Dartmouth College - Phi Beta Kappa, 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
  • Speaker at the American Conference Institute's In-House Counsel Forum on Government Regulation of Prescription Drug Pricing, on “The Age of the Whistleblower: Exploring the Role of Qui Tams in Pricing Actions” (June 2012)
  • Speaker at the In-House Counsel Forum on Government Regulation of Prescription Drug Pricing program on "The Age of the Whistleblower: Exploring the Role of Qui Tams in Pricing Actions" (June 2011) 
  • Speaker at the Boston Bar Association Continuing Legal Education 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 for Continuing Legal Education 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 Investigation Preparedness for Pharmaceutical, Biotechnology, and Medical Device Legal and Compliance Executives" (September 2010)
  • Speaker at the American Conference Institute’s program on “Reducing Legal and Compliance Risks in the Sales and Marketing of Medical Devices” held in Chicago (April 2010)
  • Participated on a panel titled "Strategically Preparing and Filing a Voluntary Disclosure" at the American Conference Institute's FCPA and International Anti-Corruption for the Pharmaceutical and Medical Device Industries conference in New York (April 2009)
  • Moderated a panel on "Healthcare Fraud" at the 23rd Annual National Institute on White Collar Crime presented by The American Bar Association (March 2009)
  • Participated on a webcast panel titled "Health Law Enforcement Update" sponsored by The American Bar Association Health Law Section and the ABA Center for Continuing Legal Education (December 2008)
  • Moderated a panel titled "The Enforcers Speak: Providing Clarity and Guidance on the DPAs and the Legality of Sale and Marketing Practices and Relationships Specific to the Device Industry" at the American Conference Institute’s Conference on Sale and Marketing of Medical Devices held in Chicago (November 2008)
  • Moderated a panel on "Federal Pricing Enforcement Update" at the American Conference Institute’s Conference on Prescription Drug Pricing held in New York (March 2008)
  • Participated on a Panel titled "Welcome to the Field of Healthcare Fraud Defense, Where Nothing Is Static and “Victory” Is Hard to Define" at the American Bar Association's 22nd Annual National Institute on White Collar Crime held in Miami (March 2008)
  • Moderated a panel on "Current Investigative and Enforcement Initiatives Within the Medical Device Industry" at the American Conference Institute’s Conference on Sales and Marketing of Medical Devices held in Chicago (November 2007)
  • Participated as a panelist at the American Bar Association White Collar Committee Northeast Regional Section’s program on “Health Care Fraud Enforcement, the McNulty Memo and Other Important White Collar Crime Topics” held in Boston (February 2007)
  • Speaker on internal investigations and related issues at the American Conference Institute’s program on “Internal Investigations for the Pharmaceutical & Medical Device Industries” held in New York (April 2006 and January 2007)
  • Served as Chair and Moderator of the panel on federal investigations of the pharmaceutical industry at the American Conference Institute’s National In-House Counsel Forum on Prescription Drug Pricing (November 2002, October 2003, March 2004, January 2006, and March 2007)
  • Served as Chair and Moderator of panels on federal investigations of the medical device industry at the American Conference Institute’s Annual Forum on “Reducing Legal Risks in the Sales and Marketing of Medical Devices” held in Chicago(November 2003, 2005 and 2007)
  • Served as Chair and Moderator of panels on federal investigations of the Pharmaceutical Benefit Management Industry at the American Conference Institute’s Annual Forum on “Minimizing Legal Risk in Pharmaceutical Benefit Management” held in Washington, DC  (2004 and 2005)
  • Participated on a panel on regulatory issues in the medical device industry at the American Conference Institute’s program on “Reducing Legal Risks in the Sales and Marketing of Medical Devices” held in Chicago (November 2004)
  • Served as Chair and Moderator of the Health Care Fraud panel at the American Bar Association National Institute on White Collar Crime held in Miami (March 2004)
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Bar Admissions

  • Massachusetts

Court Admissions

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