Mark
E.
Nagle
Partner
Washington, D.C.
Business Phone:
202.274.2972
Business Fax:
202.654.5666
mark.nagle@troutmansanders.com
Vcard
Mark Nagle is a member of the Firm’s Complex Litigation and Special Investigations Practice Groups. He has more than 25 years of experience in trial and appellate litigation before federal and state courts and administrative tribunals. Mark’s practice includes contract disputes and other business litigation, executive employment claims, antitrust actions, and False Claims Act matters. He conducts internal investigations and represents clients before regulatory and law enforcement agencies, and on occasion is selected to defend federal executives sued for official actions. Mark was selected for inclusion in the 2007 edition of Best Lawyers in America and the 2007 list of Washington, D.C. Super Lawyers.
Representative Experience
Complex Litigation
Trial counsel for real estate investment trust in breach of contract and securities fraud litigation against former trust executive.
Counsel to interstate trucking company in arbitration of ERISA dispute arising from company’s withdrawal from multi-employer pension plan.
Trial counsel for power generation company in supply contract dispute with New England utility before Federal Energy Regulatory Commission.
Lead counsel in antitrust action brought by medical technology company denied billing code for use by health care providers in submitting claims to government and private payors.
Lead trial counsel for Secretary of the Interior in civil contempt proceeding arising from administration of Indian Trust Accounts. Presented testimony of Secretary and Deputy Secretary and directed overall conduct of 29-day trial. Co-authored brief on appeal resulting in resolution of all issues in favor of Secretary.
Argued successful en banc appeal that secured reversal of District Court and Circuit panel decisions holding D.C. juvenile curfew statute unconstitutional on First and Fifth Amendment grounds.
Defended Fortune 500 aluminum manufacturer in intentional tort action brought by employee subjected to severe acid burns in aluminum foundry. Settled favorably after deposition of key medical expert witness.
Defeated three successive motions for certification of nationwide class of Hispanic law enforcement agents in Title VII case alleging discrimination in hiring, promotions, training and discipline. Claims dismissed or settled for nuisance value.
Counsel for the United States in action brought pursuant to the Clean Air Act based on improper calibration of engine control systems in 1989-92 automobiles. Consent decree required payment of civil penalty, vehicle recall and repair and additional emission abatement efforts in later model years.
Government Investigations and Enforcement Actions
Counsel to New York State Indian nation in internal investigation of construction, management and operation of its $250 million casino. Interviewed key employees of Tribe’s oversight board and contractor employees, and assisted in drafting final report.
Counsel to national charity in tax fraud action brought by U.S. Department of Justice. Drafted expedited brief that persuaded Court to vacate all ex parte restraining orders, followed immediately by Government dismissal of entire case.
Successfully defended United States Attorney against charges of leaks to news media of information developed during grand jury investigation of U.S. Representative Dan Rostenkowski.
False Claims Act
Negotiated $87 million settlement to resolve claims under the Civil False Claims Act arising from a health maintenance organization’s overcharges to Federal Employees Health Benefits Program.
Argued successful appeal in False Claims Act case that established D.C. Circuit standard for satisfying “reckless disregard” provision of Act.
Selected Publications and Presentations
Resolving Conflicts Of Interest When Employees Are Under Investigation, American Conference Institute Forum On Conducting And Responding To Internal Investigations, New York, April 2007.
The Must-Have Record: Board Meeting Minutes, (with R. Howard and C. Loveland) 29 Directors & Boards Magazine 52 (2005).
Suders: The Supreme Court Reaffirms Value Of An Anti-Harassment Policy, Employee Relations Law Journal, Winter 2004.
State “Fraud” Suits Over Drug Clinical Trial Results Tread On Free Speech Rights, Washington Legal Foundation Legal Backgrounder, September 2004.
How the Government Decides Who, What and How to Crack Down, Medicare Compliance Alert National Conference on Physician Coding, Billing and Compliance, Las Vegas, October 2004.
Parallel Proceedings: Criminal, Civil, Administrative and Congressional, District of Columbia Bar Continuing Legal Education Program, Washington, November 2003.
Civil Health Care Fraud Prosecutions Under The False Claims Act, American Bar Association Annual Convention, Washington, August 2002.
Alternative Dispute Resolution: The District Court Experience, Federal Circuit Judicial Conference, Washington, November 2000.
Health Care Fraud: A View From Inside The Beltway, Annual Conference of the Association of American Medical Colleges, Washington, 2000.
Other Distinctions
Selected by Law & Politics’ Super Lawyers, Corporate Counsel Edition for Civil Litigation Defense, August 2008.
Voted by his peers to be included in The Best Lawyers in America in the specialty of Administrative Law.
Secretary of the Interior’s Special Commendation, presented personally by Secretary Gale Norton, September 2002.
Director’s Award for Superior Performance in a Managerial/Supervisory Role, presented by the Director of the Executive Office for U.S. Attorneys, Department of Justice, 2001.
Harold Sullivan Award, presented annually to one AUSA by the Assistant United States Attorney’s Association for outstanding achievements as a trial attorney, 2000. One of only two civil recipients to receive the award in its 30 year history.
Work Experience
Partner, Troutman Sanders LLP, 2005-present
Partner, Sheppard, Mullin, Richter & Hampton LLP, 2004-2005
Civil Chief, U.S. Attorney’s Office for the District of Columbia, 1998-2004
Attorney, LeBoeuf, Lamb, Greene & MacRae, 1997-1998
Deputy Chief, U.S. Attorney’s Office for the District of Columbia, Civil Division, 1993-1997
and Assistant U.S. Attorney, 1985-1993
Attorney, U.S. Department of Justice, 1982-1985
Associate, Moorcones Law Firm, Leesburg, VA, 1979-1982