101 EAST KENNEDY BLVD
SUITE 1200
TAMPA,
FL
33602-5838
813.321.8215
813.223.7961 fax
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Zuckerman Spaeder LLP partner Jack E. Fernandez knows how to try a case. He has more than 15 federal jury trials and numerous other non-jury trials under his belt, including high-profile fraud and narcotics-trafficking cases. He tried the first anti-kickback statute case in the U.S. District Court for the Middle District of Florida following the formation of the district’s Health Care Fraud Task Force in 1996. In addition to his criminal trial experience, Mr. Fernandez also has experience trying both jury and non-jury civil cases involving environmental issues, bid disputes, theft of trade secret injunctions, and other matters.
Mr. Fernandez represents clients, principally in the health care and government contracting industries, in state and federal white collar criminal defense and related civil litigation, primarily arising under the state and federal False Claims Acts. He recently won a major qui tam defense victory in the U.S. Court of Appeals for the 11th Circuit in United States ex rel Hopper v. Solvay Pharmaceuticals. Before that, Mr. Fernandez successfully represented the vice president and general manager of a national prescription benefits manager against False Claims Act allegations in federal court. Mr. Fernandez is currently representing a corporation against allegations of federal criminal copyright and trademark infringement. Mr. Fernandez also has substantial experience litigating complex civil cases and was part of the Zuckerman Spaeder team that won summary judgment for a large Washington, DC communications law firm in a $100 million federal legal malpractice claim involving Federal Communications Commission regulations. His clients range from Fortune 500 companies to health care providers to a Middle Eastern country to individual corporate officers and directors. He has been recognized in numerous industry rankings, including Chambers USA, The Best Lawyers in America, Benchmark Litigation, and Florida Trend’s “Legal Elite.”
Before entering private practice, Mr. Fernandez served as an assistant U.S. attorney for the Middle District of Florida, where he investigated, tried, and argued appeals in numerous complex federal cases, including health care fraud, the Federal False Claims Act (qui tam), defense contractor fraud, tax fraud, securities fraud, satellite signal piracy, and intellectual property cases. He was one of the founding members of the U.S. Attorney’s Health Care Fraud Task Force for the Middle District of Florida.
Mr. Fernandez was previously a partner at the law firm of Bavol Bush & Sisco (now Bush Graziano & Rice) and an associate in the Tampa office of Holland & Knight. Following law school he served as a law clerk for the Honorable J. Dickson Phillips of the U.S. Court of Appeals for the Fourth Circuit.
A graduate of the U.S. Naval Academy, Mr. Fernandez was a naval aviator, flying the F-14 Tomcat from the aircraft carrier USS Independence. He flew combat missions in support of U.S. Army and Marine Corps expeditionary forces, and was awarded both the Navy and Armed Forces Expeditionary Medals. While deployed aboard the USS Independence, his squadron was awarded the Navy Unit Commendation. In 1986, he was named Best Pilot for Air Combat Maneuvering for Fighter Wing One, Naval Air Station Oceana. His daughter, Marina, is also a Naval Aviator, having herself earned numerous combat awards for service in the Middle East.
Experience
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Represents the former general counsel of a health care company charged with health care fraud.
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Represents a hospital in the U.S. District Court for the Middle District of Florida in a False Claims Act lawsuit.
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Represents a London-based petroleum exploration company in south Florida.
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Represents a company under investigation for allegedly importing goods from China illegally.
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Represented the former owner of a product testing company being investigated by the Department of Justice.
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Represents an individual charged with mortgage fraud in the U.S. District Court for the Middle District of Florida and the U.S. District Court for the Southern District of Ohio.
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Mediated a disagreement involving a complex coding and billing dispute between the state of Florida and a major regional hospital chain.
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Won a motion to dismiss a False Claims Act lawsuit on behalf of an international pharmaceutical company; the case is currently on appeal.
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Represented a company involved in a lawsuit by former owners alleging breach of contract and fiduciary duty.
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Represented an attorney against allegations of fraud by the U.S. Attorney’s Office for the Middle District of Florida.
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Represented two employees of a major health care company against False Claims Act violations in South Florida.
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Won summary judgment defending a $100 million legal malpractice lawsuit against a major national law firm.
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Represented a publicly traded national nursing home chain against a criminal investigation led by the Louisiana Attorney General.
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Represented the vice president and general manager of a Fortune 500 company against a False Claims Act lawsuit brought in the Eastern District of Pennsylvania.
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Represented the head of research for a Fortune 500 company in a significant federal investigation in the Southern District of Florida alleging certain improper practices nationwide.
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Represented a senior executive of a publicly traded technology company in SEC and DOJ investigations into Foreign Corrupt Practices Act violations.
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Represented a physician charged with violations of the Prescription Drug Marketing Act in the District of Delaware.
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Litigated elder abuse lawsuits in numerous jurisdictions on behalf of several major national nursing home chains.
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Created and implemented a model abuse and neglect defense for nursing homes.
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Represented a high-level corporate employee of a major hospital chain, charged in the Northern District of Alabama with allegations of obtaining bribes from Saudi Arabia.
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Represented a publicly traded health care company in bid disputes in Florida and Kentucky.
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Represented a Kentucky law firm sued for malpractice in the Southern District of Florida.
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Represented the officer of a Korean vessel against Clean Water Act violations.
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Represented pharmaceutical industry employees in federal investigations in Boston alleging kickbacks, off-label marketing, and fraudulent marketing practices.
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Represented a Latin American satellite television corporation in lawsuits charging theft of trade secrets and copyright violations.
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Conducted an internal investigation involving disclosures to the FDA on behalf of an international pharmaceutical company.
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Conducted an internal investigation and made a successful disclosure to the Florida Medicaid Fraud Control Unit at the request of a health care client being acquired by a major multinational corporation.
EDUCATION
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Cornell University Law School,
J.D.,
1989, magna cum laude, Order of the Coif; Editor-in-Chief, Cornell Law Review
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United States Naval Academy,
B.S.,
1978
COURT ADMISSIONS
- U.S. Supreme Court
- U.S. Court of Appeals, 11th Circuit
- U.S. District Court, Northern District of Florida
- U.S. District Court, Middle District of Florida
- U.S. District Court, Southern District of Florida
BAR ADMISSIONS
- Florida
- District of Columbia
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