101 EAST KENNEDY BLVD
SUITE 1200
TAMPA,
FL
33602-5838
813.321.8215
813.223.7961 fax
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Jack E. Fernandez concentrates his practice on state and federal white collar criminal defense and False Claims Act litigation, principally for clients in the health care industry who confront allegations of fraud. He recently won a major qui tam defense victory in the U.S. Court of Appeals for the Eleventh Circuit in United States ex rel Hopper v. Solvay Pharmaceuticals. 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, having 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.
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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Mediated a disagreement between the State of Florida and a major Florida hospital involving a complex coding and billing dispute.
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Currently represents the former general counsel of a health care company being investigated by the Department of Justice.
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Currently represents the former owner of a product testing company being investigated by the Department of Justice.
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Currently involved in defending allegations of mortgage fraud in the Middle District of Florida.
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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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Currently represents a company involved in a lawsuit by former owners alleging breach of contract and fiduciary duty.
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Currently represents an attorney against allegations of fraud by the U.S. Attorney’s Office for the Middle District of Florida.
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Currently represents two employees of a major health care company against False Claims Act violations in South Florida.
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Currently represents a company being investigated by the Department of Homeland Security.
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Won summary judgment defending a $100 million legal malpractice lawsuit against a major national law firm.
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Won a motion to dismiss a False Claims Act lawsuit on behalf of an international pharmaceutical company.
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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 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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