Lawyers Lawyer Up as FBI, Prosecutors Are Asked to Investigate Witness Tampering in Hip Implant Trial
Prominent Dallas criminal defense attorneys made appearances in hip implant trial on behalf of DePuy Orthopaedics and two of its lawyers after a federal judge asks the FBI and U.S. Attorney's Office to question people in connection with an affidavit suggesting witness tampering.
October 19, 2017 at 04:54 PM
29 minute read
William Mateja
The lawyers are lawyering up in the bellwether hip implant trial that now includes allegations of witness tampering.
Prominent Dallas criminal defense attorneys with extensive federal court experience have notified the court that they will appear on behalf of DePuy Orthopaedics and two of its outside counsel after a federal judge said he wants the FBI and U.S. Attorney's office to interview the lawyers and others in connection with the witness tampering allegations.
Polsinelli shareholder William Mateja and associate Jason Hoggan filed a notice of appearance on Oct. 18 on behalf of DePuy outside counsel Michael Zogby and Jessica Brennan. Zogby is a partner at Drinker Biddle & Reath in Florham Park, New Jersey, and in New York, and Brennan is an associate in Florham Park.
Richard Roper, a partner at Thompson & Knight in Dallas and Fort Worth, filed a notice of appearance on behalf of DePuy Orthopaedics, Johnson & Johnson and Johnson & Johnson Services. Johnson & Johnson is DePuy's parent company.
Mateja is an attorney for Texas Attorney General Ken Paxton, who is currently facing criminal charges. Mateja is a former assistant U.S. attorney and was senior counsel to Deputy Attorneys General Larry Thompson and James Comey.
Roper is a former U.S. Attorney for the Northern District of Texas. Since he went into private practice in 2009, he has represented Ralph Janvey, the court-appointed receiver seeking assets of convicted financier R. Allen Stanford, and was attorney pro tem for Texas in the prosecution of former Williamson County DA Ken Anderson.
Mateja said in a statement that the Drinker Biddle attorneys representing DePuy are fully cooperating with the investigation.
“We trust that the Court will also come to know what we know to be the case–that the simple scheduling call Ms. Brennan made was nothing more than the sort of simple, appropriate scheduling calls that lawyers make day-in and day-out,” he said.
Roper did not immediately respond to a request for comment.
Witness tampering allegations became an issue in the trial in Alicea v. DePuy Orthopaedics
after a New York doctor filed an affidavit Oct. 15 in which he alleged a sales representative told him during a surgery related conversation at his hospital Oct. 13 that he worried “there could be ramifications” for the doctor's medical practice in connection with his upcoming Dallas testimony.
New York orthopedic surgeon David Shein said in the affidavit that the sales rep complained to him that DePuy lawyers had contacted him Oct. 12, and the conversation made him anxious. Shein wrote that the sales rep said the lawyers were “peppering him” and the “business in Dallas was freaking [him] out.”
“He said the lawyers were 'on him like crazy.' They were putting 'big time pressure' on him,' ” Shein wrote in the affidavit about his conversation with the sales rep.
At a hearing Oct. 16, U.S. District Judge Ed Kinkeade said that he would not jump to any conclusions, but said the allegations in the affidavit are “ certainly disturbing and disconcerting to me.” He told the lawyers, according to a transcript of the hearing, that he wants the FBI and the U.S. Attorney's office to question Shein “along with everybody else involved, including any lawyer that's here, any lawyer that's had any contact of any kind.”
According to the transcript, DePuy defense attorney Steven Quattlebaum, managing member of Quattlebaum, Grooms & Tull in Little Rock, Arkansas, told Kinkeade that Zogby and Brennan have a “relationship” with the sales rep. Quattlebaum said Zogby and Brennan may have contacted the sales rep last week to set up a telephone conference call he had with the sales rep on Oct. 13 because the plaintiffs' legal team expected to call Shein to the witness stand on Oct. 16.
Quattlebaum said his Oct. 13 call with the sales rep, which he said took place in the afternoon — apparently after the sales rep spoke with Shein — was simply to get insight into Shein's current relationship with DePuy.
“Of course I want to know is the doctor mad at DePuy for any reason, is the doctor OK with you, is he still using DePuy products. I just want to know generally is everything good, because when we took his deposition everything was good, and I wanted to make sure nothing had changed in the interim,” Quattlebaum told Kinkeade.
Quattlebaum said the affidavit was surprising because “the sales rep was under instructions not to talk to the doctor about any of this.”
Zogby did not immediately respond to two telephone messages and an email request for comment. Brennan did not immediately respond to a telephone message.
Houston lawyer W. Mark Lanier, founder of Lanier Law Firm who is lead attorney for the six plaintiffs in the trial, told Kinkeade during the hearing he could not put Shein on the witness stand as planned Oct. 16 because information in the affidavit suggests Shein was pressured or intimidated.
Another member of DePuy's defense team, John Beisner, a partner at Skadden Arps Slate Meagher & Flom in Washington, D.C., said, “We take all our legal obligations and responsibilities very seriously, and do not believe there is any basis for these accusations. We have acted appropriately toward all witnesses involved in this litigation.”
William Mateja
The lawyers are lawyering up in the bellwether hip implant trial that now includes allegations of witness tampering.
Prominent Dallas criminal defense attorneys with extensive federal court experience have notified the court that they will appear on behalf of
Richard Roper, a partner at
Mateja is an attorney for Texas Attorney General Ken Paxton, who is currently facing criminal charges. Mateja is a former assistant U.S. attorney and was senior counsel to Deputy Attorneys General Larry Thompson and James Comey.
Roper is a former U.S. Attorney for the Northern District of Texas. Since he went into private practice in 2009, he has represented Ralph Janvey, the court-appointed receiver seeking assets of convicted financier R. Allen Stanford, and was attorney pro tem for Texas in the prosecution of former Williamson County DA Ken Anderson.
Mateja said in a statement that the
“We trust that the Court will also come to know what we know to be the case–that the simple scheduling call Ms. Brennan made was nothing more than the sort of simple, appropriate scheduling calls that lawyers make day-in and day-out,” he said.
Roper did not immediately respond to a request for comment.
Witness tampering allegations became an issue in the trial in Alicea v.
after a
“He said the lawyers were 'on him like crazy.' They were putting 'big time pressure' on him,' ” Shein wrote in the affidavit about his conversation with the sales rep.
At a hearing Oct. 16, U.S. District Judge
According to the transcript, DePuy defense attorney Steven Quattlebaum, managing member of
Quattlebaum said his Oct. 13 call with the sales rep, which he said took place in the afternoon — apparently after the sales rep spoke with Shein — was simply to get insight into Shein's current relationship with DePuy.
“Of course I want to know is the doctor mad at DePuy for any reason, is the doctor OK with you, is he still using
Quattlebaum said the affidavit was surprising because “the sales rep was under instructions not to talk to the doctor about any of this.”
Zogby did not immediately respond to two telephone messages and an email request for comment. Brennan did not immediately respond to a telephone message.
Houston lawyer W. Mark Lanier, founder of
Another member of DePuy's defense team, John Beisner, a partner at
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSeyfarth Launches Energy Transactions Practice in Houston With Polsinelli Team
3 minute readTrending Stories
- 1Decision of the Day: Judge Reduces $287M Jury Verdict Against Harley-Davidson in Wrongful Death Suit
- 2Kirkland to Covington: 2024's International Chart Toppers and Award Winners
- 3Decision of the Day: Judge Denies Summary Judgment Motions in Suit by Runner Injured in Brooklyn Bridge Park
- 4KISS, Profit Motive and Foreign Currency Contracts
- 512 Days of … Web Analytics
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250