Randy Luskey
Partner
サンフランシスコRecently named one of the Top 100 lawyers in California by the Daily Journal, Randy is a former federal prosecutor and accomplished trial lawyer who focuses his practice on conducting targeted and efficient internal investigations, representing clients in health care fraud and abuse matters, defending complex class actions and cases brought under the False Claims Act, representing Higher Education institutions in a wide variety of investigations and litigation matters, and defending white collar criminal cases.
As one of the up-and-coming rising stars of the white collar bar, Randy has reeled off a string of incredibly impressive defense verdicts and wins in some of the most high profile white collar cases in the Bay Area, including securing a complete “not guilty” verdict on all counts in February 2020 in the DOJ’s Fitbit/Jawbone criminal prosecution (United States v. Katherine Mogal), one of the most closely watched federal criminal trade secrets trials in California in recent memory (Randy delivered the closing argument at trial), and securing a complete dismissal with prejudice of all claims against UCSF Medical Center and eight individual defendants in a significant federal False Claims Act lawsuit brought in the Northern District of California alleging wide-ranging Medicare Fraud.
Randy has significant experience representing life sciences companies and hospitals in investigations and litigation matters involving allegations of health care fraud. Randy is currently co-leading the defense of a Fortune 100 pharmaceutical company in a federal Anti-Kickback lawsuit, and Randy has extensive experience representing the largest hospital system in California in a wide variety of litigation matters and investigations.
Randy also dedicates a substantial portion of his practice to handling matters for Higher Education institutions. Randy has become one of the go-to lawyers for the Regents of the University of California, handling some of its most sensitive and important investigations and disputes, including serving as co-lead counsel in nine class actions that were recently brought by students in federal and state courts throughout California seeking a return of tuition and student fees due to COVID-related school closures.
Randy is also a class action specialist and is co-leading the defense of a number of consumer class actions brought in federal courts throughout California, including two civil RICO class actions pending in the Eastern District of California and Central District of California.
Randy is undefeated in the nine cases that he has tried to verdict.-
From 2011 to 2014, Randy was an Assistant United States Attorney in the Criminal Division of the U.S. Attorney’s Office for the Northern District of California. While with the U.S. Attorney’s Office, he managed complex government investigations and prosecutions, and developed broad trial experience. He prosecuted a wide variety of federal criminal cases involving offenses such as mail/wire fraud, health care fraud, money laundering, RICO, and trade secrets misappropriation. Randy secured guilty verdicts in a month-long health care fraud jury trial against the owners of two medical device companies. He also played a key role in the bank fraud investigation and prosecution of the President of the Bay Area's largest home builder.
Randy has received awards and commendations from the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Secret Service, and the U.S. State Department for providing exceptional prosecutorial assistance.
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- Defending former Theranos COO Sunny Balwani in the federal criminal case set for trial in 2021.
- Defending a Fortune 100 pharmaceutical company in a complex False Claims Act lawsuit relating to speaker programs and ad boards.
- Defending the former General Counsel of Wells Fargo in an enforcement action brought by the OCC relating to sales practice misconduct at the Bank.
- Defending the University of California and Santa Clara University in connection with student class actions seeking a return of tuition due to COVID-related school closures.
- Leading an internal investigation on behalf of a Bay Area hospital concerning potential False Claims Act violations and Medicaid fraud.
- Leading an internal investigation on behalf of a digital money transfer company and a retail company in connection with a spear phishing incident and unauthorized wire transfers.
- Leading an internal investigation in Central America on behalf of a Fortune 500 company into alleged Anti-Money Laundering violations relating to its vendors.
- Representing a senior mortgage lending executive during litigation with the Securities and Exchange Commission, California Attorney General and class action plaintiffs relating to the performance of mortgage-backed securities during the financial crisis.
- Representing a leading solar company in a class action in the Northern District of California alleging violations of the Telephone Consumer Protection Act.
- Representing an energy company in a class action alleging fraud claims in Nevada state court.
- Representing a Fortune 10 technology company in a consumer class action alleging violations of New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act.
- Representing a Fortune 500 pharmaceutical and medical device company in connection with an investigation by the State Attorney General’s Office into alleged violations of the Anti-Kickback Statute.
- Representing an executive in connection with civil insider trading investigation by the SEC.
- Defending an executive against a criminal mail fraud and money laundering indictment pending in the Northern District of California.
- Representing the Chief Financial Officer of a Fortune 500 software company in connection with SEC enforcement action alleging accounting fraud.
- Representing a Fortune 500 company in defense of product liability lawsuits.
- Representing officers and employees of biotechnology company in connection with government investigation of alleged off-label marketing of pharmaceuticals and other alleged violations of the False Claims Act.
- Representing Chief Financial Officer of a Silicon Valley software company in connection with SEC enforcement action alleging accounting fraud.
- Representing the audit committee of a telecommunications company in connection with internal investigation, and related SEC and DOJ investigations, concerning alleged violations of the Foreign Corrupt Practices Act in China, India, Mongolia, Vietnam and Thailand.
- Representing a senior officer of technology company in connection with DOJ Antitrust Division investigation of bid rigging allegations involving multi-state payment processing contracts.
- Representing George Souliotes - an innocent man wrongfully convicted of murder and arson - in his federal habeas corpus proceedings. Mr. Luskey acted as principal brief author and oral advocate in a successful habeas corpus appeal before the United States Court of Appeals for the Ninth Circuit. Client was exonerated of first degree murder and released from life sentence in prison.
