Media Mentions
2011
“Corporate Counsel Expect a Busy Year”
Boston Business Journal, December 23, 2011
Mark Pearlstein noted that “one of the consequences of increased regulation is that it does drive up demand for lawyers who’ve got expertise in the relevant areas.” Mr. Pearlstein cited in particular the anti-fraud provision in the health reform law for a health provider’s failure to make timely refund of a reimbursement overpayment, which “create[s] the basis for a violation of the False Claims Act by up to three times the overpayment, plus penalties” for an action that previously could have been considered a billing mistake.
Mark W. Pearlstein, White-Collar & Securities Defense
“Columbus Center Developer Fined”
The Boston Globe, November 30, 2011
Mark Pearlstein noted that his client, an affiliate of an affordable housing developer, has instituted changes to ensure future compliance with campaign finance laws in the wake of a fine for improperly giving campaign contributions to Massachusetts politicians. “This is truly an aberrant episode in [the company’s] 40-year history,” Mr. Pearlstein said regarding the fine.
Mark W. Pearlstein, White-Collar & Securities Defense
“Columbus Center Developer Fined $1.6m”
The Boston Globe, November 30, 2011
Mark Pearlstein speaking on behalf of his client Winn Columbus Center noted that the company has instituted an array of reforms to ensure compliance with campaign finance laws in the future. For example, he said, the company has prohibited employees from soliciting campaign contributions from vendors who work with the company, which accounted for a large part of the illegal giving at issue in the case.
Mark W. Pearlstein, White-Collar & Securities Defense
“Shady Campaign Gifts Earn Boston Developer $1.6M Fine”
Law360, November 30, 2011
Mark Pearlstein and Daniel Haley were noted as counsel to the company behind a Boston development project that received a fine and probation for improper political contributions.
Daniel P. Haley, Mark W. Pearlstein, Government Strategies, White-Collar & Securities Defense
“Judge Rejects SEC Action Against State Street Execs”
Massachusetts Lawyers Weekly, November 10, 2011
Mark Pearlstein called a federal administrative law judge’s rejection of SEC charges against his client and another investment company executive “a very significant decision.” If the judge had sided with the SEC’s charges that the executives were individually responsible for misleading investors, he noted, “it would have almost literally required executives to retain their own personal disclosure counsel … [rather than] rely on the advice of well-informed, expert in-house counsel. Beyond being wildly impractical, it would have also led to some crazy policy.”
Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“'St. Sean' of State Street Beats SEC”
Reuters, November 2, 2011
Mark Pearlstein said it was never considered that his client, a former investment firm executive, would enter a settlement with the SEC neither admitting nor denying wrongdoing in allegations of misleading investors. “If a person settles, they’re not in a position to take issue with allegations in the complaint,” Mr. Pearlstein explained.
Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“Judge Clears Ex-State Street Execs in Subprime Stock Case”
Boston Herald, October 31, 2011
Mark Pearlstein said he and his client, a former investment firm executive, were “deeply gratified” that a federal administrative law judge dismissed SEC claims that the client and a colleague had misled clients about their investment exposure to subprime mortgages.
Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“SEC Case Against State Street Pair Thrown Out”
Financial Times, October 31, 2011
Mark Pearlstein called the SEC’s allegations that his client and another former investment firm executive misled investors about a fund’s exposure to subprime mortgages “a case that we genuinely believe never should have been brought.” An administrative law judge agreed, and rejected all the SEC’s claims.
Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“Two State Street Executives Cleared of SEC Charges of Misleading Investors”
National Law Journal, October 31, 2011
Mark Pearlstein expressed satisfaction over a federal administrative law judge’s rejection of SEC claims against his client and a colleague, former investment firm executives, saying it demonstrates that “enforcement cases are determined by the actual evidence of how individuals behaved.” Saying that “setting the public record straight” about the allegations “is so very important,” Mr. Pearlstein said the judge’s decision “tell[s] the world they didn’t do anything wrong and it’s a very, very gratifying feeling.”
Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“Judge Dismisses SEC Charges Against Two Former State Street Executives”
Washington Post, October 31, 2011
Mark Pearlstein asserted that “it is unconscionable that following a long and distinguished career in the investment industry,” his client – a former investment fund executive – was “forced to spend several years living under a cloud” of “baseless allegations” by the SEC that the client and another former executive had misled investors about the risks in a fund with subprime mortgage exposure. A federal administrative law judge dismissed the SEC charges.
Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“Judge Dismisses SEC Charges Against Two Former State Street Employees”
Boston Globe, October 31, 2011
Mark Pearlstein, after a federal administrative law judge dismissed charges brought by federal regulators against his client and another former executive of an investment firm over allegedly false and misleading documents about risky investments, said that his client acted honestly and should “never have had to live with the cloud that these charges placed on him.” The judge ruled that neither executive had ultimate authority for the documents.
Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“SEC Case Against Ex-State Street Execs Dismissed”
Reuters, October 31, 2011
Mark Pearlstein declared “complete exoneration” when a federal administrative law judge dismissed SEC claims that two former investment firm executives, including Mr. Pearlstein’s client, misled investors about the risks in a bond fund that held subprime mortgage investments.
Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“Ex-State Street Execs Cleared of SEC Fraud Claims”
Law360, October 31, 2011
Mark Pearlstein proclaimed “total victory” and “complete exoneration” for his client, a former investment firm executive, when a federal administrative law judge rejected SEC allegations that he and a colleague misled investors. The judge’s decision “demonstrates that all of [the client’s] actions were undertaken with integrity, and with an unwavering focus on the best interests of investors.” The article noted that Fredric Firestone, Laura McLane, K.C. Goyer, David Chen and Jason Crow were McDermott lawyers assisting in the case.
David H. Chen, Jason Crow, Fredric D. Firestone, Kathryn C Goyer, Laura McLane, Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“SEC Loses Again: Agency Judge Clears State Street Execs”
Thomson Reuters News & Insight, October 31, 2011
Mark Pearlstein called SEC allegations that his former investment firm executive client misled investors “a case where the SEC should never have proceeded…. We felt all along that if we received a fair hearing we would prevail. Chief judge Murray gave us a very fair hearing.” The SEC's chief administrative law judge, Brenda Murray, rejected the SEC’s charges against Mr. Pearlstein’s client and a colleague at the same firm.
Mark W. Pearlstein, SEC Defense, White-Collar & Securities Defense
“Judge Snips DaVita Kickback Claims in FCA Suit”
Law360, May 11, 2011
Mark Pearlstein, co-counsel defending a major provider of dialysis services against False Claims Act charges of receiving kickbacks, noted that a federal judge’s rejection of a whistleblower’s allegations “is the second time that Judge Crone has dismissed claims that the relator has sought to pursue against DaVita,” adding that the company “is looking forward to being vindicated in court” on remaining claims. Peter Allport and J. Christian Nemeth were cited as other members of the McDermott defense team.
Peter B. Allport, J. Christian Nemeth, Mark W. Pearlstein, Trial, White-Collar & Securities Defense
“Who’s Who in Legal Services”
Boston Business Journal, March 11, 2011
Mark Pearlstein, partner-in-charge of McDermott’s Boston office, advised new lawyers that “they are embarking on what should be an exciting and rewarding career. However, every couple of years they should ask themselves whether or not they are enjoying what they are doing and if they are growing as a lawyer. If the answer to either question is no, they should consider other legal jobs.”
2010
Mark Pearlstein was cited in number of stories concerning his appointment as partner-in-charge of McDermott’s Boston office effective January 1, 2010. Mr. Pearlstein will succeed Susan Cooke, who will focus on her responsibilities as chair of the Firm’s OSHA/ Environmental practice group. Coverage appear November 3 to 4 in The Boston Globe, Boston Business Journal, Dallas Business Journal, moneycentral.msn.com, and the New York Daily News.
Susan M. Cooke, Mark W. Pearlstein, Trial
Mark Pearlstein was mentioned in an article on the web site of the Boston Bar Association (www.bostonbar.org) for his appointment as partner-in-charge of McDermott’s Boston office, effective January 1, 2010. The article noted that Mr. Pearlstein heads the office’s Trial Department, focusing his practice on white-collar criminal defense and related matters.
2009
Mark Pearlstein, Thomas Ryan, Jeffrey Stone, Charles Weir and Gregory Jones were mentioned in the March issue of American Lawyer for their representation of DaVita, Inc. McDermott has represented DaVita for ten years as regular outside litigation counsel.
Gregory R. Jones, Mark W. Pearlstein, Tom Ryan, Jeffrey E. Stone, Charles E. Weir, Trial
2006
Mark Pearlstein was quoted in the August 2 issue of The Boston Globe on Brooks Automation’s legal action against its former chief executive. Mr. Pearlstein noted that sometimes companies under scrutiny file lawsuits against former executives to show the government they have distanced themselves from people who got the company in trouble.
2005
Mark Pearlstein was quoted in The Boston Globe on June 7 regarding the grand jury indictment of former Massachusetts House Speaker Thomas M. Finneran, who is facing three counts of perjury and one count of obstructing justice.
Mark W. Pearlstein, Trial, White-Collar & Securities Defense
2004
Mark Pearlstein was quoted by the Wall Street Journal on September 20 regarding the deferred prosecution agreement included within the resolution Computer Associates discussed with the U.S. Department of Justice. Mr. Pearlstein commented on the agreement saying Computer Associates would have a "sword of Damocles hanging over its head. If the corporation were to screw up, the prosecution could be revived."
Mark W. Pearlstein, Corporate Responsibility and Governance, Trial
Mark Pearlstein was quoted in the July 19 issue of the Christian Science Monitor regarding the sentencing of Martha Stewart. Mr. Pearlstein commented on the fact that Attorney General John Ashcroft has been particularly adamant that white collar criminals serve time in jail. "In fairness to Ashcroft, jail time has largely been the position of the Department of Justice for a number of years on the theory that for white collar offenders, the prospect of prison or seeing their peers go to prison acts as a form of deterrence," commented Mark.
Mark W. Pearlstein, Trial, White-Collar & Securities Defense
Mark Pearlstein was quoted in the July 17 issue of The Boston Globe regarding Martha Stewart's sentencing. "It is a strikingly lenient sentence. It's a bitter pill for her to swallow. As with any white-collar defendant, any prison time is very difficult." He continued by commenting, "But the judge not only selected to sentence her at the bottom of the range but ordered her to serve it in the most lenient way (with half being served in her home)."
Mark W. Pearlstein, Trial, White-Collar & Securities Defense
2002
Mark Pearlstein was quoted in the October 23 issue of The Atlanta Journal and Constitution in regard to the SEC's investigation of Martha Stewart. "The fact that the SEC is pushing forward is not a positive sign and indicates that the SEC believes the evidence is there to bring about a case," commented Mr. Pearlstein.
Mark W. Pearlstein, Corporate Responsibility and Governance
Mark Pearlstein was quoted in the October 22 issue of The Boston Globe in regard to the Martha Stewart investigation. Mr. Pearlstein commented on ImClone chief executive Sam Waksal's admittance of telling his daughter to sell off her ImClone stock before its plunge.
Mark W. Pearlstein, Corporate Responsibility and Governance
Mark Pearlstein, noted as the attorney for the Massachusetts Port Authority, was quoted in the October 12 issue of The Boston Globe. Mr. Pearlstein commented that the court ruling against the town of Hull, which was attempting to stop Massport from building a new runway at Logan Airport, was "good news."
Mark Pearlstein was interviewed on the Connie Chung Show (CNN) on October 3. Mr. Pearlstein discussed the Richard Reid case, the nationally publicized shoe bomber case.
Mark Pearlstein was quoted in the October 3 issue of The Boston Globe regarding the alleged insider trading by Martha Stewart. As a result of Douglas Faneuil's confession, Mr. Pearlstein commented that his agreement with prosecutors is likely going to put more heat on Stewart. Mr. Faneuil has "every incentive at this point to truthfully cooperate with prosecutors" related to ImClone trade, commented Mr. Pearlstein.
Mark W. Pearlstein, Corporate Responsibility and Governance
Mark Pearlstein, noted as a former federal prosecutor and an attorney at McDermott commented on federal prosecutor Alex Whiting's decision to join a UN criminal tribunal prosecuting Slobodan Milosevic in the January 15 issue of The Boston Globe. Mr. Pearlstein said he was not surprised at Mr. Whiting's decision because of his commitment to public service.
Mark W. Pearlstein, White-Collar & Securities Defense
2001
Mark Pearlstein was quoted in the September issue of American Lawyer. In the BAR Talk column, Mr. Pearlstein, a former assistant U.S. attorney, commented that when he chose to leave the public sector for a private firm, he knew inevitably that situations would come up when he would represent clients who have issues with the government.
Mark W. Pearlstein, White-Collar & Securities Defense
Mark Pearlstein was quoted in, "An Open Door for Online Crooks," an article on selling false securities published in the February 26 issue of Business Week.
