Limits On "Self-Help" Discovery In FCA Cases
PartnerOrange County, Los Angeles
Tom McConville, partner in Orrick’s Los Angeles and Orange County offices, is a nationally recognized trial attorney and focuses his practice on complex business litigation, white collar defense, and internal investigations. Tom has more than 25 years of combined federal prosecutorial and private sector experience. Tom serves as the Managing Partner of the Orange County Office. Tom is a member of the White Collar, Investigations, Securities Litigation & Compliance Group.
In 2012, Tom was honored by California Lawyer Magazine as one of its California Lawyers of the Year for his trial work in the successful representation of MGA in its dispute with Mattel over the Bratz doll line. Tom has also been recognized by Chambers USA for his legal expertise in white collar matters and government investigations.
In addition to his work as a trial lawyer, Tom has conducted internal investigations all over the globe, including for clients with operations in China, Brazil, Mexico, and Chile, and advises them on compliance and disclosure issues related to the Foreign Corrupt Practices Act, the False Claims Act, and trade secret theft. Tom has extensive experience in matters where government agencies, such as the Department of Justice, Securities and Exchange Commission, the Department of Defense and the Federal Trade Commission have turned their focus on his clients. He represents both private and public companies, officers, directors and partners.
Prior to joining Orrick, Tom served 10 years as an assistant United States attorney focusing on fraud and public corruption prosecutions. During his tenure, he secured convictions and conducted grand jury investigations into elected and other high-ranking officials, defense contracting fraud, computer crimes, trademark infringement, trade secret theft, health care fraud, the False Claims Act and violations of the Foreign Corrupt Practices Act. Also during his tenure, Tom served for three years as the deputy chief of the Southern Division of the Central District of California. He also served on national DOJ working groups focusing on procurement fraud and False Claims Act investigations into health care fraud, and he also lectured to law enforcement agencies on investigative techniques.
In addition, Tom
has appellate experience, having briefed and argued numerous cases
before the U.S. Courts of Appeal for the Sixth and Ninth Circuits.
The following is a sample of his notable engagements/cases.