Robert M. Brennan

Robert M. Brennan

Partner | Atlanta Office
bbrennan@phrd.com
T: (404) 681-5969
F: (678) 533-7729
 

Practice Group

Services

Education

  • University of Georgia School of Law - (J.D., Cum Laude)
  • Vanderbilt University - (B.A.)
  • Georgia State University - (M.P.A.)

Admitted to Practice

  • Georgia

About Bob

Bob's practice focuses primarily on complex civil litigation, white collar criminal defense, and internal investigations. His experience includes litigating criminal and civil cases at the trial and appellate levels, defending individuals and companies in criminal prosecutions, investigations and regulatory disputes and representing crime victims. Recent engagements include the following:

Criminal/Regulatory Matters
  • defended a former employee of an automotive dealership against federal criminal charges alleging involvement in a "chop shop." After the close of the Government's case during a week-long jury trial, successfully argued that the lead count in the indictment should be dismissed because the Government failed to present sufficient evidence to sustain a conviction. After presenting defense case, the jury found our client not guilty on the remaining three counts, thereby completely exonerating the client. All of the other defendants in the case either pled guilty or were convicted at trial;
  • defended the former president of an industrial company who received a "target" letter from the U.S. Attorney's Office in connection with a nationally publicized federal investigation into possible criminal immigration offenses.  Through a series of presentations to the prosecutor, convinced the Government to rescind the target letter and bestow derivative and use immunity upon client;
  • represented the interests of a health care provider who had previously pled guilty to a misdemeanor health care offense. After the Department of Health and Human Services' Office of Inspector General ("HHS-OIG") indicated that it intended to exclude the provider from the participation in Medicare, Medicaid or any other Federal health care program, convinced HHS-OIG not to exclude the provider and allow him to continue to fully participate in Medicare, Medicaid or any other Federal health care program;
  • representing the interests of one of the largest retail pharmacy chains in Georgia in connection with multiple investigations by state and federal regulatory agencies, including the Georgia State Board of Pharmacy, the Georgia Drugs and Narcotics Agency, the Georgia Healthcare Fraud Task Force and the Composite State Board of Medical Examiners. After one state regulatory agency proposed a public consent order and fine as part of an investigation, convinced the agency to close the investigation without any adverse action against the pharmacy chain;
  • representing the interests of multiple employees/former employees who are targets, subjects, or witnesses in multiple federal grand jury investigations;
  • conducting internal investigations on behalf of clients concerned over regulatory or criminal exposure and representing employees or former employees in connection with employers' internal investigations;

Civil Litigation Matters
  • successfully obtained summary judgment and dismissal of claims on behalf of a multi-national financial institution in multiple civil RICO cases arising from the United States Department of Justice's investigation into questionable tax shelters. The summary judgment and dismissal of claims was later affirmed on appeal;
  • defending a large bank in federal court litigation dealing with a Commercial Mortgage Backed Securities ("CMBS") transaction and a related interest rate hedging transaction;
  • defending regional broker/dealer as lead counsel in multiple arbitrations pending before the Financial Industry Regulatory Authority (FINRA).


Prior to joining the firm, Bob was an Assistant United States Attorney in the Southern District of Georgia, where he handled criminal prosecutions at the trial and appellate level. As an AUSA, he tried and prosecuted criminal cases involving health care fraud, tax evasion, financial fraud, counterfeiting, money laundering, embezzlement, immigration crimes, export control violations, government corruption, child pornography and violent crimes. Bob's work as an AUSA also included the investigation and prosecution of medical professionals accused of violating federal drug laws by illegally prescribing controlled substances without a legitimate medical purpose. Bob served as trial counsel in numerous jury trials.  Bob also had significant appellate duties. He authored more than 50 appellate briefs and represented the government in numerous oral arguments before the Eleventh Circuit Court of Appeals. Bob was granted secret security clearance and lectured at the Federal Law Enforcement Training Center. Before becoming an AUSA, Bob was an associate with King & Spalding in Atlanta, where his practice areas included general commercial litigation, professional liability defense, securities and fraud matters, class action defense, antitrust, health care litigation and white collar criminal defense.

Following law school, Bob clerked for Hon. B. Avant Edenfield, United States District Court Judge for the Southern District of Georgia.
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Professional and Civic Involvement

  • Criminal Justice Act Panel, Northern District of Georgia
  • National Association of Assistant United States Attorneys
  • National Association of Criminal Defense Lawyers
  • Atlanta Bar Association, Criminal Law Section, Litigation Section
  • Barrister, Bleckley Inn of Court
  • State Bar of Georgia, Member, Special Committee on Indigent Defense
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Honors

  • Selected multiple times as a Georgia Super Lawyer - Rising Star in the field of White Collar Criminal Defense by Law & Politics Media and Atlanta Magazine

Representative Engagements

  • United States v. Bennett, 472 F.3d 825 (11th Cir. 2006) (Appellate Counsel)
  • United States v. Parrish, 427 F.3d 1345 (11th Cir. 2005) (Appellate Counsel)
  • United States v. Stuart, 384 F.3d 1243 (11th Cir. 2004) (Trial and Appellate Counsel)
  • United States v. Edmonds, 348 F.3d 950 (11th Cir. 2003) (Appellate Counsel)
  • United States v. Adams, 329 F.3d 802 (11th Cir. 2003) (Appellate Counsel)
  • United States v. Arevalo-Juarez, 464 F.3d 1246 (11th Cir. 2006) (Appellate Counsel)
  • Curtis Inv. Co. v. Bayerische Hypo-Und Vereinsbank, AG, 1:06-cv-2752-WSD, 2007 U.S. Dist. LEXIS 94012, (N.D. Ga. 2007) (Trial Counsel)
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Publications and Presentations

  • Presented the topic "Legal Ethics, the Attorney-Client Privilege and Internal Investigations" to the National Fraud and Compliance Forum by the American Health Lawyers Association and Health Care Compliance Association. (October 2009)
  • Presenter: Association of Corporate Counsel, Small Law Department Committee's monthly teleconference entitled "Internal Investigations, Cooperation and Selective Waiver - Overview and Recent Developments." (June 2009)
  • Serves as on-air legal analyst for the nationally syndicated "2 Live Stews" sports talk radio show. Have provided commentary on more than 20 occasions regarding the federal dog-fighting case against former Atlanta Falcons quarterback Michael Vick, the congressional and federal investigations into the alleged use of steroids by major league baseball players, the gun possession case against Plaxico Burress and the SEC insider trading case against Mark Cuban.
  • Proving/Negating Criminal Intent: Perspectives for Health Care Fraud Prosecutors and Defense Counsel - Speaker and author of paper presented at 2007 American Health Lawyers Association/Health Care Compliance Association National Fraud and Compliance Forum on defense tactics to negate criminal intent in health care fraud prosecutions,
  • Emerging Trends: From Computer Searches to the Confrontation Clause - Speaker and author of paper presented at 2007 Federal Bar Association Seminar on Federal Criminal Practice dealing with current issues in computer searches
  • What to Do When FBI Agents Are At The Front Door - And How They Got There In The First Place: Health Care Fraud Enforcement Methods and Defense Responses - Speaker at 2008 Government Health Care Investigations Seminar sponsored by Lorman Educational Seminars
  • What to Do if Your Client Has Been a Fraud Victim - Speaker and author of paper presented at 2008 ICLE Criminal Law for Non-Criminal Lawyers Seminar
  • Georgia State Law School Health Law Class - Guest lecturer, along with a current federal prosecutor, regarding health care fraud enforcement
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