EXPERIENCE

Randy has represented Fortune 500 technology and life sciences corporations, public and private academic institutions, private equity and venture capital investors and emerging private companies and their founders in several of the Bay Area’s highest-profile class actions, regulatory matters, and commercial disputes. He has handled civil and criminal trade secrets matters, False Claims Act and Anti-Kickback Statute investigations and litigations, regulatory investigations and government enforcement actions, and internal and workplace investigations.

Randy also has broad experience representing clients in their most important business disputes, including high-value contract, trade secrets misappropriation and unfair competition disputes; product liability and securities fraud litigation; and bankruptcy litigation, among others. Representing clients on both the plaintiff and defense side, he leverages his prosecutorial experience to effectively pursue his clients’ interests.

Randy previously served as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Northern District of California, where he managed complex government investigations and prosecuted criminal cases involving trade secrets misappropriation, health care fraud and abuse, money laundering and RICO violations.

Randy has extensive experience litigating high-stakes class actions, conducting internal investigations, and representing clients in white collar criminal cases, health care fraud and abuse matters, and cases brought under the False Claims Act.

Randy’s representations include:

WHITE COLLAR AND REGULATORY ENFORCEMENT

• a former Fitbit executive in in obtaining the complete acquittal on all charges at trial in the Northern District of California in a high-profile criminal trade secrets case brought by the DOJ;
• the former general counsel of Wells Fargo in an enforcement action brought by the OCC relating to sales practice misconduct;
• the CFO of a Fortune 500 software company in connection with an SEC enforcement action alleging accounting fraud;
• a Silicon Valley-based venture capital firm in a criminal trade secrets dispute with its former general counsel;
• a national single-family home leading company in connection with a CID issued by the FTC regarding the company’s business practices generally and during the COVID-19 pandemic specifically; and
• the former COO of a medical device start-up in a federal criminal fraud case brought by the DOJ concerning charges that the defendant defrauded investors through false advertisements regarding the efficacy of the company’s new technology.

LIFE SCIENCES AND HEALTH CARE FRAUD

• Gilead Sciences in securing a highly favorable settlement on the eve of trial in a high-profile anti-kickback FCA whistleblower case regarding speaker and advisory programs;
• Carolina Liquid Chemistries, a leading provider of chemistry analyzers and reagents for drug testing and general chemistry testing, in winning summary judgment in a long running FCA whistleblower litigation regarding Medicare and Medicaid billing practices;
• the UCSF Medical Center and eight high-ranking individuals in winning the complete dismissal, affirmed on appeal by the Ninth Circuit, of a FCA whistleblower litigation regarding alleged Medicare fraud;
• the Regents of the University of California in several matters, including a government anti-kickback investigation relating to speaker bureau payments made by AbbVie to a number of UC doctors and nurses systemwide; and
• Brookdale Senior Living, the nation’s largest operator of senior living communities, in a high-profile suit brought by the California AG and other California government entities alleging unfair competition and false advertising claims related to Brookdale’s operation of its California-based senior skilled nursing facilities.

COMMERCIAL LITIGATION

• Ocwen Financial Corporation in a nationwide civil RICO class action brought in the Eastern District of California regarding the company’s property valuation services;
• Invitation Homes in a FCA whistleblower lawsuit in the Southern District of California regarding building permits for renovations undertaken at the Southern California single-family homes the company owns;
• a California-based production and talent management company in the successful settlement of a high-profile breach of contract suit brought by a former executive who was terminated due to workplace misconduct;
• Coinbase Global in multiple matters, including winning two motions to compel arbitration in separate putative consumer class actions brought in the Northern District of California; and in defeating plaintiffs’ motions for a temporary restraining order and preliminary injunction filed in connection with ongoing litigation in San Francisco County Superior Court regarding the Coinbase Wallet;
• Uber Technologies in defense of tort and statutory claims brought in various jurisdictions, including more than 1,400 individual actions brought in California Superior that have been coordinated as part of a large JCCP proceeding in San Francisco County, and in a federal multidistrict litigation pending in the Northern District of California;
• Atos SE in a trade secrets misappropriation lawsuit brought by a competitor against two current Atos employees;
• Santa Clara University (SCU) and two SCU employees in securing the dismissal at the demurrer stage of a complaint brought by two students and an anti-vaccine organization challenging SCU’s COVID-19 vaccine mandate;
• Dealmaker, a Canada-based fintech company, in an affirmative trade secrets lawsuit brought against an individual who has sought to develop a competing product;
• Golden Gate Private Equity in securing the complete dismissal, with prejudice, of a contract and fraud lawsuit brought in New York state court stemming from a real estate transaction regarding the development of a soccer stadium for New York City F.C.;
• Diamond Sports Group, the nation’s largest owner of regional sports networks, in litigation related to its chapter 11 cases;
• ATG Capital and its founder in the successful resolution of a lawsuit brought in California Superior Court alleging market manipulation related to clinical-stage biotechnology company MabVax;
• SolarCity in the favorable settlement, following a class certification hearing, of a consumer class action brought in the Northern District of California;
• a senior mortgage lending executive in multiple class actions relating to the performance of mortgage-backed securities during the financial crisis;
• a Silicon Valley-based venture capital firm in litigation in San Francisco Superior Court against an individual suspected of manufacturing false allegations against a general partner; and
• clients in multiple nationwide product liability class actions, including Union Carbide in cases relating to asbestos in certain of its products, and Roche in the Lariam product liability class actions.

INTERNAL INVESTIGATIONS

• the Regents of the University of California in several matters, including in multiple internal investigations and related litigations brought by former patients of former physicians at UC member hospitals involving allegations of inappropriate touching and sexual assault; and in several investigations regarding allegations that certain UC faculty members failed to disclose China affiliations on NIH grant applications;
• a biotech company aiming to help cure chronic kidney disease in an internal investigation regarding the resignation of the company’s Chief Medical Officer;
• a Bay Area technology company in a confidential internal investigation relating to alleged misconduct by a senior executive; and
• a prominent hospital in in an internal and grand jury investigation regarding allegations of sexual misconduct against patients and staff by a physician formerly employed by the hospital.

As an Assistant U.S. Attorney, Randy secured guilty verdicts in a month-long health care fraud jury trial against the owners of two medical device companies, and played a key role in the bank fraud investigation and prosecution of the president of the Bay Area’s largest home builder. He received awards and commendations from the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Secret Service, and the U.S. Department of State for exceptional prosecutorial assistance.

AWARDS & RECOGNITIONS

Randy has been repeatedly recognized for his trial accomplishments and litigation achievements by leading publications and legal directories. In 2023, Randy was recognized by the Daily Journal as a “Top Trade Secrets Lawyer” for a third consecutive year for his successful defenses of high-profile civil and criminal trade secrets matters. In 2022, Randy was twice recognized in The American Lawyer’s “Litigation Daily” column for winning summary judgment in a False Claims Act case in the Northern District of California, and for winning a class decertification motion in a significant RICO consumer class action in the Eastern District of California. He was also recognized as a “Top Healthcare Lawyer” by the Daily Journal in 2022 for his significant work representing health care, hospital and pharmaceutical companies in litigation and government investigations. In 2020, the Daily Journal named Randy to its annual list of the Top 100 lawyers in California for his key role in a major federal trade secrets trial win, and his work for the University of California on several high-profile litigations. Randy is recognized by Chambers USA in the Litigation: White-Collar Crime & Government Investigations (California) category, with the directory noting his “considerable experience conducting internal investigations and advising corporate clients on governmental investigations and DOJ enforcement matters, as well as handling False Claims Act disputes.” Randy was also named to the 2023 Lawdragon “500 Leading Litigators in America” guide.