Tell us a little about yourself, your practice, and how you came to Nixon Peabody.
I am a member of our GIWC group and lead our False Claims Act (FCA) team. But I love working across practice groups and aspire to be an honorary member of our healthcare group, in particular. I help clients improve compliance programs and respond effectively to government investigations—mostly civil fraud, waste, and abuse investigations under the FCA. I also frequently litigate, including when whistleblowers (called “relators”) elect to pursue FCA claims on behalf of the United States with, or without, its active participation.
I started my career as a trial lawyer at Williams & Connolly after clerking on the Third Circuit for recent SCOTUS runner-up Tom Hardiman. I started to specialize at the Justice Department, investigating and litigating FCA cases on behalf of the United States. Most of my matters involved healthcare industry participants, government contractors, and federal grant recipients. I was part of the trial team that continues to pursue the country’s largest Medicare Advantage insurer for alleged risk adjustment fraud, and I helped to secure a myriad of settlements worth hundreds of millions of dollars. I also served as a Special Assistant United States Attorney prosecuting criminal matters in DC Superior Court.
I came to NP in 2019, a few months before COVID. I chose NP because of the opportunities it offered to build and lead an FCA practice. I also expected that NP’s best-in-class healthcare group would provide invaluable access to industry participants which, too often, are prime targets for FCA investigations. And of course I came for the Nice People, too!
What inspires you? Or why do you do the work that you do?
Few things are scarier than being accused of wrongdoing by your federal government. I enjoy advocating for people facing that intimidating prospect. I like to remind clients that the government, while powerful, is just a collection of people who, by nature, are fallible.
I have a deep commitment to the rule of law and the importance of due process, essential checks on the government and pillars of our freedom. No one goes to work and says: I’m going to commit fraud today. There are always two (and usually more) sides to every story. Everyone deserves for their side to be told—and told well. That is our job as lawyers. To use our skills to tell our clients’ stories, often to unsympathetic audiences. When necessary, it is also our job to respectfully but zealously speak truth to power.
I sometimes think of myself as a translator of the federal government and its bureaucracies to my clients. I help clients navigate regulatory thickets, statutory ambiguity, and prosecutorial overreach, and I love doing it.
The clearest example of this is my asylum work. Refugees from countries where the government is not to be questioned have a hard time looking asylum officers or immigration judges in the eyes and providing consistent, clear testimony. And the hoops that refugees must jump through are confusing even to sophisticated practitioners. Making this manageable to people in need is immensely satisfying.
What is your proudest personal or professional accomplishment?
Their names are Owen and Zoe. Being a dad (in my case, “papa”) is by far the greatest accomplishment of my life. When I first came out, my biggest fear was not ridicule or mistreatment, but missing out on having a family of my own. Over time, I realized that being gay didn’t mean that I couldn’t have a family, it just meant I had to be a bit more intentional about it than certain others. That is especially true of adoption. Successfully navigating that process (twice) and raising our awesome kids is a source of great pride this Pride Month, and always.
As we celebrate Pride Month, are there any LGBTQ+ lawyers who have inspired your career, and why?
Yes, Dan Anderson, one of my bosses at the Justice Department. Dan is retired now. He was a young lawyer during the AIDS epidemic and one evening he shared with Tyler and me that so many of his friends from his youth had died of AIDS. Despite coming up in times that I fortunately missed, and now can’t imagine as a gay man, Dan was the kindest and most likeable person in the office. He commanded everyone’s respect and handled the Department’s biggest cases. But he did it with tremendous grace and gratitude. Dan is the opposite of someone with a “chip” on his shoulder. For him, being gay was just one part of his incredible self, and I always admired that.
Are there LGBTQ+ professional organizations that you have been involved in, and how have they impacted you/your career?
Tyler and I contribute to Human Rights Campaign and often attend their annual gala. I am also a member of the LGBTQ Bar Association and NP’s LGBTQ affinity group. I am sometimes skeptical of groups that highlight differences among groups of people, but having a forum to “vent” about issues that others don’t understand is invaluable. Our kids’ schools call this “perspective taking,” and being part of groups of similarly situated professionals really helps with that.
For young LGBTQ+ lawyers, what advice could you offer them for developing their career journey?
Your letter (L, G, B, T, Q, or whatever) is an asset. It’s what makes you special and sets you apart from others, in a good way. Don’t focus just on the obstacles you have to overcome.
Also, it gets better. It really, really does. You didn’t peak too soon, and you are living at a time when your unique self is more valued than ever. Take full advantage of that.
Optionally—Would you like to tell us about your wonderful family?
Of course! I met Tyler about 15 years ago. We’ve been married for 10. At our wedding, our minister shared our coming out stories. My mom’s response was: God doesn’t make mistakes. Tyler’s mom’s response was: That’s it? What a relief. I thought you were going to say you are a Democrat (he is now, but don’t ask, don’t tell). We were married at Foundry United Methodist Church and had our reception at the Hay Adams Hotel in true DC fashion.
In 2016, we adopted Owen, who was born in Tulsa, Oklahoma. And in 2018, we adopted Zoe, who was born in Norfolk, Virginia. We also have an elderly goldendoodle, or first “baby,” Oliver.
Tyler is an “Army brat” and moved all over as a kid. I am a “yinzer,” a proud Pittsburgher. Go Steelers! My parents were teachers, but their favorite job is being grandparents. Owen is 8, and into football and basketball. He is sensitive and empathetic, our little Barack Obama. Zoe is 5, and well on her way to becoming a stand-up comedian, singer, or actress, our little Melissa McCarthy.
What are some of the ways you have been involved in advancing NP’s commitment to DEI?
I am a member of our LGBTQ affinity group and have been invited by clients and consultants to speak at DEI events. Last year, for example, I attended Berkeley Research Group’s annual retreat in Florida to speak on a DEI panel.
Showing up for such events is important. But just being out, open, and proud is the best thing we can do for our colleagues and clients. As a cisgender white male white collar defense attorney, I make an effort to “come out” during every new client pitch or meeting (usually by casually mentioning “my husband”). I see my “G” as an asset and, the good news is, most of my colleagues and clients do too.
