David Berg | Joel Androphy

David Berg

The Trial Lawyer
(Editor's Note: Litigation is published by The Journal of The Section of Litigation, American Bar Association. This volume was subtitled Perspective.) The Atlantic is calm today. The beach, rearranged by a tropical storm, is incredibly wide and white. Before I cast, I use pliers to clamp down the barbs on my hook.

Blind Cross-Examination
By David H. Berg (Editor's Note: Litigation is published by The Journal of The Section of Litigation, American Bar Association. This volume was subtitled "Surprises.")

Preparing Witnesses
By David H. Berg (Editor's Note: Litigation is published by The Journal of The Section of Litigation, American Bar Association. This volume was subtitled Morals and Manners.) A Texas tort lawyer recently won an $8.5 million verdict for the owner of a deceased stud bull, felled midstream of an enviable career by cruel circumstance and an apparently lethal pesticide.

Secrets of Cross-Examination
By David H. Berg (Editor's Note: Litigation is published by The Journal of The Section of Litigation, American Bar Association. This volume was subtitled Secrets.) There are many secrets of fly fishing, but the essence of each of them is to listen to your instincts: They become more reliable each time you cast.

Joel Androphy

White Collar Crime (Thomson/West 2006) by Joel M. Androphy is the most complete and comprehensive discussion of federal white collar crime ever assembled. Newly updated and released as a 4 volume set with over 950 forms on CD ROM, WCC 2d covers substantive laws, legal procedures, and evidentiary issues in 51 chapters.

Federal False Claims Act and Qui Tam Litigation
(Law Journal Press 2006)

Goals of This Treatise
This treatise will assist the plaintiff’s bar in communicating with the client, and in investigating, filing, and litigating qui tam actions. Plaintiff’s counsel needs information that will guide him through the factual and legal intricacies of pursuing a VCA case, and an objective view of how the case will be handled in the particular venue.

The treatise will also assist the defense bar in preventing, anticipating, and responding appropriately to qui tam filings. Defendants face not only civil litigation, but also criminal consequences for their conduct. The parallel nature of these proceedings mandate specialized expertise.

Finally, this treatise will provide guidance to all parties in developing a beneficial relationship with all departments of Government. Sometimes this issue is the most complex. The Federal Government has its own distinctive agenda about the case in general, the settlement process, and the role of each party. This is even more confusing and conflicting when the states have interests and want to protect their rights.

These differing agendas will substantially affect how the various parties interact. This is where most other “authoritative” works fall short. They view the FCA through a single lens and ignore how the statutes and judicial opinions affect all the players. This treatise remedies these deficiencies.

Whistleblower and Federal Qui Tam Litigation - Suing the Corporation for Fraud (PDF)
By Joel Androphy and Mark Correro, 45 S. Tex. L. Rev. 23 (2004).

Federal Qui Tam: The Government’s Watchdog
By Joel Androphy and Mark Correro, 42 Houston Lawyer 18 (Jan./Feb. 2005)

Challenging Federal Grand Jury Investigations
By Joel M. Androphy - A federal grand jury is investigating your client, the president and sole shareholder of XYZ, Inc. Your client and his corporation have received grand jury subpoenas demanding testimony

Federal Contempt of Court
By Joel M. Androphy and Keith A. Byers - The authority of a federal court to hold either an individual (whether a party, witness, spectator, or attorney) or a corporate entity in contempt of court is an effective tool designed to allow the judiciary to maintain order

Keeping Up With Changes in Bank Fraud Statutes
By Joel M. Androphy - On August 9, 1989, President Bush signed into law the Financial Institutions Reform Recovery, and Enforcement Act

Informers In Civil Cases Keeping the Snitch a Secret
By Joel M. Androphy and Warren W. Harris - ABC, Inc., a designer of computer programs, discovers that terminated employee is selling software developed by the company.

Procedures Before Appellate Courts: A Comparative Overview of the Fifth Circuit and Texas Courts of Appeal
By Joel M. Androphy and Lynne Liberato - The appellate lawyer who usually practices in the Texas Courts of Appeals may be tempted to perfect an appeal by filing a cost bond in the Fifth Circuit within 30 days of the signing of the trial court's judgment

Bringing Rogues to Justice: The Qui Tam Provisions of the False Claims Act (PDF)
By Joel Androphy - Sam Snitch walks into your office with a story about fraud against the federal government. Mr. Snitch has evidence that a large government contractor has been billing the government for services not performed, double-billing the government for services rendered, and falsifying documents in order to get paid.

Criminal Prosecutions of Trade Secret Theft: The Emergence of the Economic Espionage Act (PDF)
By Joel M. Androphy and Gabriel Berg - “[The EEA] will protect the trade secrets of all businesses operating in the United States, foreign and domestic alike, from economic espionage and trade secret theft and deter and punish those who would intrude into, damage or steal from computer networks.

General Corporate Criminal Liability (PDF)
By Joel M. Androphy - Corporations have been subject to criminal liability for almost a century. In 1909, the Supreme Court found that a corporation could be held responsible for the criminal acts of its employees if the acts occur while in the scope of employment.

Crimes and Campaign Contributions
By Joel M. Androphy and Lawrence D. Finder - Assume that as a judge, commissioner, legislator, or other elected official, you solicit and receive a $1,000 check payable to your campaign for elective office. The check is from a local attorney.

Money Laundering - Part One: The Bank Secrecy Act (PDF)
By Joel M. Androphy - Joe Smurf uses $18,000 in currency to buy two $9,000 cashier’s checks at First Confidential Bank on two different days. His counsel assures him that his actions are legal.

Avoiding Criminal Exposure While Seeking Bankruptcy Relief (PDF)
By Joel M. Androphy - The Bankruptcy Code requires that a debtor submit to examination at meetings of creditors, file a list of creditors, a schedule of assets and liabilities and a statement of affairs, and surrender to the trustee property of the estate, including any recorded information relating to property of the estate.

Mitigating Criminal Exposure in the Bankruptcy Court (PDF)
By Joel Androphy - Responses to statutory bankruptcy requirements may incriminate your client.

Imprisonment for Debit: Civil Debt Collection in the Criminal Courts (PDF)
By Joel M. Androphy - During the 18th century, imprisonment for debt became so commonplace that debt led to more imprisonment than any other crime. A century later, the Republic of Texas, and many other jurisdictions, abolished imprisonment for debt.

The Criminal Cloud Over S.E.C. Investigations (PDF)
By Joel M. Androphy - Your client, a respected real estate attorney, receives a subpoena duces tecum from the Securities and Exchange Commission (S.E.C.) requesting all documents relating to her purchase and sale of the stock of X.Y.Z., Inc.

Keeping up with Sentencing Under the New Federal Guidelines (PDF)
By Joel M. Androphy - Gone are the days when your five-year old could determine the range of punishment for one of your criminal clients.

What Corporate Counsel Needs To Know About Criminal Investigations and Prosecutions (PDF)
By Joel M. Androphy - Your client, the president of X,Y,Z, Inc., receives a federal grand jury subpoena requesting records of corporate activity for the past five years. He contacts you as corporate counsel and asks: (1) What does this mean? (2) What can happen? (3) What do we do? (4) Could this have been prevented?

For more articles written by Joel Androphy, please view Joel Androphy’s attorney profile.