Russell Hayman represents clients in complex criminal and civil cases. He has extensive experience in internal investigations, voluntary disclosures, grand jury investigations, pretrial motions practice, jury and court trials, and criminal and civil appellate practice. He has handled criminal and civil health care fraud matters for providers of pharmaceuticals, biologics and medical devices as well as hospital, home health, hospice and skilled nursing facility (SNF) services, including alleged violations of the Federal Anti-Kickback Statute, qui tam litigation, Medicare and Medicaid reimbursement matters, and matters arising under the Stark law.
Russell has also defended clients in complex federal antitrust, patent infringement, and theft of trade secret jury trials involving acoustic, cellular, mobile app, Wi-Fi, semiconductor and memory technologies. He also defends clients against criminal Occupational Safety and Health Administration (OSHA) allegations and in connection with other complex criminal matters.
Previously, Russell served as a federal prosecutor in Los Angeles and as a senior official of the US Justice Department in Washington, DC. In these roles, he tried more than 20 federal cases to verdict, including the first espionage case ever brought by the United States against an agent of the Federal Bureau of Investigation (US v. Richard W. Miller). Additionally, Russell served as a deputy chief of the Criminal Division of the US Attorney’s Office in Los Angeles, California.
Served as lead trial counsel in a federal antitrust case involving Sherman 1, Sherman 2 and Clayton Act antitrust claims; the jury deliberated for approximately an hour before returning a defense verdict in favor of the Firm’s client (GN Netcom Inc. v. Plantronics Inc., Del., 2017)
Served as lead trial counsel in a patent infringement action related to two-way wireless communications over cellular and Wi-Fi networks; the jury returned a verdict of no infringement, a complete victory for the Firm’s client (Mobile Telecommunications Technologies, LLC v. BlackBerry Corp., N.D. Tex., 2016)
Served as lead trial counsel in a federal jury trial involving multiple counts of trade secret misappropriation, breach of contract, incorrect inventorship, trademark infringement and false advertising under the Lanham Act; following a three-week trial, the jury found that the Firm’s client did not breach any contract, did not misappropriate trade secrets, and retained sole inventorship of the patents at stake; rather than awarding the plaintiff $6.5 million sought in damages, the jury awarded nominal damages of $2 on the Lanham Act claims, and the trial court dissolved a preliminary injunction issued before trial (Netlist, Inc. v. Diablo Technologies, Inc., N.D. Ca., 2015)
Served as lead trial counsel in a patent infringement action involving three patents related to smartphones; after deliberating for less than four hours, the jury returned a complete defense verdict in favor of the Firm’s client on patent infringement and invalidity (NXP B.V. v. BlackBerry Limited et al., M.D. Fla., 2014)
Served as lead trial counsel in a patent infringement action involving several patents related to wireless communications technologies, where the defendant contended that the plaintiff did not have lawful ownership of the patents-in-suit and therefore had no standing to proceed with the lawsuit; in the third week of trial, McDermott obtained a dismissal of the action for the Firm’s client (Innovative Sonic Limited v. Research in Motion Ltd. et al., N.D. Tex., 2013)
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