Articles & Books
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 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 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 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.
Legal
"The Trial Lawyer," Litigation Magazine, Summer 2005
"Trade Secrets of the Silver Bullet (Excerpt from The Trial Lawyer: What It Takes to Win)," The American Lawyer, October 2003
"The Trial Lawyer," Litigation Magazine, Spring 2000
"Timing in Cross-Examination," Litigation Magazine, 1996
"Secrets of Cross Examination," Litigation Magazine, Spring 1994
"Is Lawsuit Abuse a Problem," Houston Metropolitan, September, 1993
"In Defense of Trial Lawyers – and Juries," Los Angeles Times, February 10, 1993
"Blind Cross Examination," Litigation Magazine, Fall 1990
"The Frenzy in Friendswood: What About Probable Cause" The Houston Post, May 15, 1988
"Lawyers are Better than That," The Houston Post, February 6, 1988
"Censorship Decision is Dangerous," The Houston Post, January 17, 1988
"Preparing Witnesses," Litigation Magazine, Winter 1987
"Cross Examination," Litigation Magazine, 1987
"Ruling Trespasses on Confidentiality," The Texas Lawyer, August 31, 1987
"RICO: As Pernicious As the Crimes it Targets," The Texas Lawyer, April 6, 1987
"What the Civil Practitioner Needs to Know About RICO (Part 2)" (with Joel M. Androphy), The Texas Bar Journal, February 1987
"What the Civil Practitioner Needs to Know About RICO (Part 1)" (with Joel M. Androphy), The Texas Bar Journal, January 1987
"The Comprehensive Crime Control Act of 1984," Houston Lawyer, April 1986
"Commercial Racketeering: What the Civil Practitioner Needs to Know and Understand," Houston Lawyer, May 1985
"Best Article of 1984," (with Joel M. Androphy), The Texas Bar Journal, 1984
"The Day The Grand Jury Ran Amok," HoustonCity Magazine, August 1984
"Prudence and Jury Duty," The Houston Post, June 2, 1984
"The RICO Statute, 18 U.S.C. § 1061-1968: The Business Client as Racketeer," (with Philip D. Zeltkow), The Texas Bar Journal, February 1982
"The FBI’s Threat to Freedom," Los Angeles Times, February 27, 1981
"Is There a Special Loathing for Lawyers?" Houston Chronicle, September 29, 1979
"If You Dislike Lawyers, Read This," The New York Times, August 20, 1979
Political/Personal
"Texas Democrats Can Send a Message of Sanity Today," The Houston Chronicle, March 2008
"Road to Redemption for Clintons: Embrace Obama," The Houston Chronicle, February 2008
"Please Note, Your Wild Rhetoric is Not Helping," The Houston Chronicle, June 12, 2005
"Houston to Detractors from N.Y.: Drop Dead," The Houston Chronicle, June 10, 1994
"My Favorite Teachers," The Houston Post, 1992
"Summit Won’t Fix What Ails U.S.," The Houston Chronicle, July 8, 1990
"What Dr. King is Still Teaching Us," The Houston Post, January 22, 1989
"All the Hearts That Never Will Mend," The Houston Post, November 22, 1988
"Too Much Democracy," The Houston Post, November 13, 1988
"Something Special Happened in Houston," The Houston Post, July 14, 1988
"Southern Baptists’ Stance on AIDS Goes Too Far," The Houston Post, July 14, 1988
"Fathers, Sons, and Hidden Feelings," The Houston Post, June 19, 1988
"The Play's the Thing, but not at SJC," The Houston Post, April 23, 1988
"Edgar Speakes, Charlie McRegan," The Houston Post, April 10, 1988
"The Devils Made Me Do It," The Houston Post, April 10, 1988
"We Must Set Economic House in Order," The Houston Post, March 6, 1988
"Market Crash Was Not a Coincidence," The Houston Post, March 5, 1988
"Why Cuomo is Still Best Bet," The Houston Post, January 8, 1988
"Mr. McLuhan, Where are You When we Really Need You?" The Houston Post, December 30, 1987
"Paul Always Had a Theory," The Houston Post, December 23, 1987
"Racism and Justice: The Brandly Case," The Texas Lawyer, November 2, 1987
"The New Hite Report: Lite Research," The Houston Post, October 17, 1987
"Media Must Avoid Invading Privacy," The Texas Lawyer, June 15, 1987
"Fish Story," The Houston Post, March 15, 1987
"The Once and Future Kennedys: One Hundred Years of Attitude," Vogue, February 1987
"Bring Me Home From the Ball Game," HoustonCity Magazine, December 1984
"Is It An Operation or a Sideshow," The Houston Post, December 14, 1984
"Get Partisan Politics Out of Judges’ Races," The Houston Chronicle, November 12, 1984
"The Landslide Erodes," The Houston Post, November 3, 1984
"Passion for Politics," Vogue, November 1984
"Aristotle Might Have Gone Fishing," The Houston Chronicle, September 11, 1984
"Journalism So Flawed?"- Letters to Editor, The New York Times, June 17, 1984
"Carter Presidency will be able to Pass the Test of History," The Atlanta Constitution, March 29, 1984
"More Than Just Books," The Houston Post, March 18, 1984
"A Woman in ’84? No Way," Vogue, March 1984
"Remember When a Man’s Word Was His Bond?" The Houston Post, January 27, 1984
"Creationist Threaten Our Democratic Institutions," The Houston Chronicle, January 18, 1984
"Prolific Columnist" reaction to deficits ‘blatant terrorism’ – reaction to Lynn Ashby article, The Houston Post, January 18, 1984
"The Right to Bear Arms," Newsweek, December 29, 1980
"Face to Face with Carter’s Icy Glare," The Houston Chronicle, December 1, 1980
"The Carter Promise," The New York Times, November 23, 1980
Joel Androphy
White Collar Crime (Thomson/West 2011) by Joel M. Androphy is the most complete and comprehensive discussion of federal white collar crime ever assembled. Newly updated and released as a 6 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 2010)
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 an FCA 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.
"The Intersection of the Dodd-Frank Act and the Foreign Corrupt Practices Act:
What All Practitioners, Whistleblowers, Defendants, and Corporations Need to Know," www.hg.org, January 31, 2012
By Joel M. Androphy and Ashley Gargour
"Defense Contractor Fraud," www.hg.org, January 3, 2012
By Joel M. Androphy and Rachel L. Grier
"Prevailing Wage Laws and the False Claims Act," www.hg.org, January 3, 2012
By Joel M. Androphy and Rachel L. Grier
"New York City False Claims Act," www.hg.org, December
8, 2011
By Joel M. Androphy and Rachel L. Grier
"District of Columbia Procurement Reform Amendment Act,"
www.hg.org, December 8, 2011
By Joel Androphy and Sarah Frazier
"Gathering Evidence in Qui Tam Actions,"
CafePharma.com, November 18, 2011
www.hg.org, December 8, 2011
By Joel Androphy, Ashley Gargour, Sarah Frazier and Rachel Grier
"California False Claims Act," www.hg.org, September 22, 2011
By Joel M. Androphy and Rachel L. Grier
"Florida False Claims Act," www.hg.org, September 22, 2011
By Joel M. Androphy and Rachel L. Grier
"False Claims Act Damages in Antikickback and Self-Referral Cases"
American Bar, Health Law Section, esource, Vol. 7, No. 10, June 2011
By Rachel L. Grier, Sarah M. Frazier and Joel M. Androphy
"Survey of Penalties and Damages in False Claims Act Cases," www.hg.org, June 8, 2011
By Joel M. Androphy, Ashley Gargour and Rachel Grier
"Survey of Damages in False Claims Act Retaliation Cases," www.hg.org, June 8, 2011
By Joel M. Androphy, Ashley Gargour and Rachel Grier
"False Claims Act Penalties," www.hg.org, June 2, 2011
By Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier
"False Claims Act Damages," www.hg.org, May 25, 2011
By Joel M. Androphy, Rachel L. Grier, Sarah M. Frazier and Kathryn E. Nelson
"Best Value and the False Claims Act," www.hg.org, October 19, 2010
By Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier
"Fraudulent Medical Billing and the False Claims Act," www.hg.org, October 19, 2010
By Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier
"Pharmaceutical Best Price Obligations and the False Claims Act," www.hg.org, October 19, 2010
By Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier
"Government Procurement Fraud and the False Claims Act," www.hg.org, October 18, 2010
By Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier
"Defective Medical Devices and the False Claims Act," www.hg.org, October 18, 2010
By Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier
"12 Step Guide For Successfully Handling Criminal Maritime Cases," Maritime Advocate, December 2010
"Honest Doctors Do Not Fear The Aggressive Pursuit of Health Care Fraud," Westchester NY Guardian, May 2010
"The Government’s Dirty Laundry: How Prosecutors Use Money Laundering Laws to Threaten Prison Time, Impose Fat Penalties, and Extract Pleas," Forbes, April 2008
"21 Rules Every Corporate Executive Should Know," 70 Texas Bar Journal No. 6, June 2007
"The Enron Finale: Justice Or Retribution," 70 Texas Bar Journal No. 1, January 2007
"The Perils of Off-Label Marketing," Script Magazine, September 2005
“The Modern-Day Government Informant: Corporations,” Texas Lawyer Executive Legal Adviser, July / August 2005
“Whistleblower and Federal Qui Tam Litigation - Suing the Corporation for Fraud,” 36 False Claims Act & Qui Tam Quarterly Review 63, 2005
"Federal Qui Tam: The Government’s Watchdog"
By Joel Androphy and Mark Correro, 42 Houston Lawyer 18 (Jan./Feb. 2005)
“The Modern-Day Government Informant: Corporations,” 20 Texas Lawyer No. 44, January 2005
"Federal Criminal Appellate Update," State Bar Appellate Advocate Quarterly, 1988-1996, 1998 - 2004
"Federal Criminal Appellate Update," State Bar Appellate Advocate Quarterly, 1988-1996, 1998 - 2004
"The Boutique Competitive Advantage," 19 Texas Lawyer 33, October 2003
"White Collar Crime Update," 66 Texas Bar Journal No. 1, January 2003
"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.
"Beware of Trade Secret Thieves," Business Law and Litigation Series, 15 Texas Lawyer No. 32, October 1999
"General Corporate Criminal Liability," American Corporate Counsel Association, January 1999
"General Corporate Criminal Liability," Texas Bar Journal Vol. 60, No. 2, Feburary 1997
"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
"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.
"General Corporate Criminal Liability" (PDF)
By Joel Androphy - The general rule is that a corporation will be criminally liable for the illegal acts of its employees if the employees are acting within the scope of their authority and their conduct benefits the corporation.
"Health Care Fraud," 33 Houston Lawyer No. 1, July-August 1995
"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.
"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.
"Environmental Crimes," 29 Houston Lawyer No. 4, January 1992
"Immunity," 28 Houston Lawyer No. 4, January 1991
"Money Laundering: The Money Laundering Crimes Act," 28 Houston Lawyer No. 1, July / August 1990
"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.
"Mitigating Criminal Exposure in the Bankruptcy Court" (PDF)
By Joel Androphy - Responses to statutory bankruptcy requirements may incriminate your client.
"Changes in Bank Fraud Statutes," 27 Houston Lawyer No .4, January 1990
"Mitigating Criminal Exposure In The Bankruptcy Court: The Debtor's Perspective," 44 Consumer Law Quarterly Report No. 4, 1990
"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.
"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
"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.
"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
"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.
"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
"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?
"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 Criminal Appellate Update," State Bar Appellate Advocate Quarterly, 1988-1996, 1998 - 2004
"What the Civil Practitioner Needs to Know About RICO and Defense of White Collar Crime: How to Defend Civil and Criminal RICO Cases," 50 Texas Bar Journal No .2, February 1987
"What the Civil Practitioner Needs to Know About RICO and the Defense of White-Collar Crime: How to Help Your Client Avoid Indictment for White Collar Crimes, Particularly Under RICO; How to Attack Forfeiture of Property and Legal Fees," 50 Texas Bar Journal No. 1, January 1987
"The Comprehensive Crime Control Act of 1984," 23 Houston Lawyer No. 4, April 1986
"Commercial Racketeering: What the Civil Practitioner Needs to Know and Understand," 22 Houston Lawyer No. 5, May (cover article) 1985
"Structuring Transactions in Recessionary Times," 46 Texas Bar Journal No. 9, October 1983
