Ronaldo Rauseo-Ricupero

What do you focus on?

I focus on defending businesses and executives in the energy, health care, defense contracting, and higher education industries facing enforcement actions or civil or criminal liability under the False Claims Act, health care statutes, state environmental laws, or state consumer protection acts. I have experience advising clients on matters at various stages—from internal investigation to subpoena or civil investigative demand response through to civil or criminal enforcement and criminal or civil trial, appeal, and follow-on litigation. I have successfully argued and won cases before the Massachusetts Supreme Judicial Court, U.S. Courts of Appeal, and trial courts, including matters of first impression.  I have a strong background in civil litigation and arbitration. I also defend plan fiduciaries and sponsors in ERISA class actions and advise on antitrust matters.

I have written and counseled widely on topics related to e-discovery, and have advised many clients in a wide range of industries on issues from retention and collection through production and motion practice in this area.

What do you see on the horizon?

Major changes in the federal administration have shifted enforcement priorities, which have led to state statutes and regulations taking a more important role in investigations, and state attorneys general taking the lead in many joint investigations. These changes, which are most pronounced in the environmental and financial services sectors, indicate that knowledge of state prosecutorial methods will be increasingly important to many businesses and executives.

Representative Cases and Matters

Government Investigations

• Represented multiple parties before the Massachusetts Attorney General’s Office, including on multi-state investigations, on matters ranging from municipal contracting, higher education (on behalf of a college president) and state-wide provision of services to public agencies, environmental actions, and public charities matters.
• Represented a potential witness in an investigation by United States Senate Permanent Select Committee on Investigations.
• Represented executive in first-ever false-statement-to-FERC investigation by the United States Attorney’s Office.
• Represented a major national pharmaceutical company in prominent federal and state investigations concerning product marketing and contracting practices.
• Represented a major defense contractor in parallel civil and criminal investigations of billing practices from the Philadelphia United States Attorney’s Office.
• Represented a health care industry executive targeted in an investigation of alleged off-label sales and kickback activities involving the Departments of Justice and Health and Human Services.
• Represented multiple witnesses in a federal investigation of a prominent national skilled nursing facility service provider.
• Represented a defendant in a federal investigation arising from Boston’s Big Dig construction project.
• Represented witnesses in a federal grand jury investigation of alleged federal campaign finance violations.

Litigation and Arbitration

• Second-chaired a two-week trial that resulted in a total defense verdict for a major energy company in an intensely litigated four-year dispute.
• Obtained a multi-million-dollar summary judgment for a municipality in a contract dispute.
• Represented national instrument manufacturer in major state-wide consolidated criminal action affecting ~36,000 cases.
• Advised on antitrust compliance and follow-on multiple-jurisdiction securities litigation defense strategy related to transaction for major international pharmaceutical company.
• Representing client in a civil RICO action brought by an alleged competitor.
• Participated in team representing a collateral manager in adversary proceeding before U.S. Securities and Exchange Commission (SEC).
• Advised in a high-profile intellectual property licensing dispute before the federal district court in Connecticut.
• Represented an international construction client before a 40-day multiparty arbitration session.
• Served on an ERISA litigation team representing a university and a fiduciary advisor to another university in ERISA class actions challenging the prudence of retirement plan fees and investment offerings.

Prior Experience

Ronaldo previously worked in the Office of the Prosecutor in the International Criminal Tribunal for the Former Yugoslavia, as legal assistant to the general counsel of International Crisis Group, in the Office of United States Senator John F. Kerry, and in the chambers of U.S. District Judge Mark L. Wolf.

Publications and Presentations

• Massachusetts E-Discovery and Evidence, annual treatise published by Matthew Bender/Lexis 2013-2019 (distributed to all Massachusetts state court judges) (Drafter)
• “Leveraging Latinidad in BigLaw”, Hispanic National Bar Association Region I, 2019 (Panelist)
• “Human Rights in Action: Bringing Home a Wrongly-Deported U.S. Resident from Honduras,” Boston College Center for Human Rights and International Justice, 2019 (Panelist)
• “Chapter 19: Electronic Discovery,” Massachusetts Superior Court Practice Manual, 4th edition 2017; 3rd edition 2015. (Co-author)
• “Bring Your Own Dilemmas—‘Custody’ in the Digital Age,” Financier Worldwide, April, 2017 (Co-author)
• “Third-Party Subpoena Response,” National E-Discovery Leadership Institute, 2016. (Panelist)
• “Practicing with Professionalism,” Boston Bar Association, April 2015, June 2015 (Panelist)
• “How the New Discovery Rules Affect You,” Massachusetts Social Law Library, 2015 (Panelist)
• “Risk of Exclusion Remains Potent for Health Care Industry Executives” Bloomberg BNA Insights: Medical Devices Law & Industry Report, 2012 (Author)