Speth_Charles

Charles C. Speth

Speth_Charles

Charles C. Speth

Partner

Washington DC + 1 202 663 6133

Charlie Speth helps companies and individuals navigate and solve their most difficult problems. A litigator with nearly 20 years of experience, he represents companies and individuals in complex civil litigation and government enforcement matters.

Mr. Speth has a broad range of commercial and government and regulatory litigation experience, having represented clients in the defense or prosecution of claims alleging violations of the False Claims Act, securities fraud, violations of the Controlled Substances Act, price fixing under the Sherman Act, false advertising under the Lanham Act, breach of contract, violations of consumer protection and unfair competition statutes, unjust enrichment, tortious interference, copyright violations, and trade secret misappropriation.

Mr. Speth litigates in federal and state court and has tried multiple civil cases to favorable results.

Mr. Speth has unique experience negotiating and favorably resolving large, complex disputes with state and federal regulators for major corporations in the healthcare, financial services, and government contracting industries. His representations have included the successful negotiation of a series of opioid litigation settlements with states, cities, and counties totaling over $3 billion for a major pharmacy and retailer; the resolution of three sets of False Claims Act claims being pursued by the Department of Justice for a major Medicare Advantage insurance company; and settlements for corporate plaintiffs totaling over $300 million.

Mr. Speth represents both corporations and individuals in investigations and enforcement matters conducted by the Department of Justice, the Securities and Exchange Commission, and state attorneys general. In recent years he has developed considerable experience handling and resolving single- and multi-state attorney general investigations.

Mr. Speth also has handled numerous sensitive representations of individuals in matters with government-facing components. His representations of individuals have included FBI agents facing potential civil liability, a U.S. Congressman, and a top aide to a former President of the United States.

Professional Activities

Mr. Speth serves on the Board of the RMH Compass, a non-profit focused on reproductive and maternal health benefits in the workplace.

Mr. Speth is a member of the District of Columbia Bar Association and the Litigation and Business Law Sections of the American Bar Association.

Experience

  • False Claims Act Investigations and Litigation

    • Represented a joint venture of government contractors in a False Claims Act and Anti-Kickback Act investigation and filed litigation by the Department of Justice related to subcontracting practices under a prime services contract with the Department of Energy; obtained dismissal of the government’s Anti-Kickback Act claims and secured a very favorable settlement on the remaining claims.
    • Represented a major Medicare Advantage insurance company in connection with False Claims Act investigations and filed litigation brought by the Department of Justice; negotiated a single, very favorable resolution of three FCA matters being litigated or investigated by the Department of Justice.
    • Represented a major pharmaceutical company in qui tam litigation brought by former sales representatives in S.D.W. Va. based on allegations of deceptive marketing to physicians; obtained dismissal of all claims on grounds of public disclosure bar and Rule 9(b) following discovery and an evidentiary hearing concerning the applicability of the public disclosure bar.
    • Represented a major national bank in qui tam litigation brought in the S.D.N.Y. by a former loan officer seeking $2 billion in damages based on allegations that the bank violated requirements for mortgages sold to Fannie Mae and Freddie Mac under the Home Affordable Refinance Program; obtained dismissal of all claims at the motion to dismiss stage.
    • Represented an industry-leading commercial mortgage lender in a Department of Justice civil investigation concerning lending practices under the Housing and Urban Development Multi-Family Accelerated Processing program; no enforcement action was brought.
    • Represented a major national insurance company in qui tam litigation in W.D.N.Y. alleging reverse false claims based upon alleged industry-wide failure to comply with Medicare Secondary Payer Act regulations; secured early dismissal through direct discussions with relator’s counsel.
    • Advised a leading defense contractor being investigated by the Department of Justice for potential violations of the False Claims Act based on allegedly ineffective supply chain oversight under a Department of Defense prime contract.
    • Advised a healthcare service provider in connection with pre-complaint negotiations with the Department of Justice concerning alleged violations of the False Claims Act and Ant-Kickback Statute.

  • Non-FCA Civil Enforcement and Criminal Investigations and Litigation

    • Represented a leading pharmacy and international retailer as strategic and settlement counsel across their docket of opioid litigation brought by public entities including state attorneys general, cities, and counties, and by private hospitals and third-party payors; structured and negotiated a series of very favorable settlements totaling over $3 billion.
    • Represented an individual in parallel Department of Justice and Securities and Exchange Commission investigations under the Foreign Corrupt Practices Act involving drilling operations in Venezuela; reached favorable settlement with SEC and no criminal enforcement for the individual.
    • Represented a manufacturer of TFT-LCD panels in connection with criminal price fixing investigation, state attorneys general investigations and private multidistrict class actions.

  • Complex Commercial Litigation, Business Disputes, and Government Contract Claims

    • Represented a defense contractor in action against the Air Force concerning the launch of military satellites under a FAR Part 12 commercial item contract; litigated a three-week, 24-witness trial before Armed Service Board of Contract Appeals, which resulted in a $240 million recovery in favor of our client.
    • Represented a joint venture of leading government contractors in litigation asserting affirmative contract claims against the Department of Energy concerning the remediation of a DOE nuclear processing site.
    • Represented the largest US credit union in civil action alleging breach of contract, breach of fiduciary duty, unfair trade practices and fraud claims against an insurer and a lending-services provider arising out of insurance coverage on mortgage defaults; obtained favorable settlements from both the insurer and lending service provider at summary judgment stage following discovery.
    • Represented a major airplane manufacturer in defense of writs of attachment and garnishment in connection with its sale of airplanes to an Iranian airline following the Iran Nuclear Deal.
    • Represented an international software and technology company in multiple, parallel federal and state civil lawsuits against the State of Oregon concerning Oregon’s rollout of its Affordable Care Act health care exchange; obtained favorable settlement following discovery.
    • Represented a major international retailer in action alleging misappropriation of trade secrets related to the design and manufacture of athletic shoes in China; obtained voluntary dismissal following discovery.
    • Represented a commercial real estate information services provider in parallel state court action against a competitor concerning breach of settlement agreement, breach of websites’ terms of use, tortious interference, and unfair competition, and federal court action alleging false advertising action under Section 43 of the Lanham Act based on competitor’s marketing claims regarding its registered users.

  • Class Action Defense

    • Represented satellite radio provider in multiple consumer class actions brought in New Jersey and Alabama federal district courts following a radio service interruption related to satellite transmission; obtained dismissals of both class actions on motions to dismiss.
    • Represented leading open-source software company in securities fraud class action related to revenue recognition on subscription software licenses; defeated plaintiff’s initial motion for class certification.

  • Affirmative Government and Regulatory Litigation

    • Represented a leading pharmacy and international retailer in an affirmative Declaratory Judgment Act lawsuit against the Department of Justice and Drug Enforcement Agency seeking declaratory relief concerning the scope of the pharmacy’s obligations under the Controlled Substances Act and its regulations.
    • Represented a major national bank in Administrative Procedure Act challenge to regulation issued by the Internal Revenue Service.

  • Pro Bono Litigation

    • Represented the estate of deceased inmate who was attacked in federal prison in negligence action against Bureau of Prisons under the Federal Tort Claims Act.
    • Represented an individual charged in separate murder prosecutions in Washington DC and Montgomery County, MD.

Recognition

Insights & News

View all of Charles's insights & news

Credentials

  • Education

    • JD, Georgetown University Law Center, 2005

      magna cum laude Order of the Coif; Georgetown Law Journal; Recipient, Georgetown Club of Metropolitan Washington, DC Award

    • BA, History, Yale University, 1999

  • Admissions

    • District of Columbia

  • Clerkships

    • The Hon. Julia Smith Gibbons, US Court of Appeals for the Sixth Circuit, 2005 - 2006

Credentials

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