Overview
James Durkin is a former federal prosecutor and experienced trial lawyer who represents clients in government enforcement and compliance matters, internal investigations and complex civil litigation.
James draws on his experience as a federal prosecutor to advise corporations, boards of directors and individual executives on their most critical and sensitive matters, including those involving the False Claims Act, the Anti-Kickback Statute, anti-bribery laws, healthcare fraud and theft of trade secrets.
After launching his career as an associate at McDermott, James spent seven years at the US Attorney’s Office for the Northern District of Illinois before returning to the Firm. While in the Office, James led a variety of investigations and prosecutions and spent years working on and ultimately supervising a sprawling and high-profile investigation into public corruption that resulted in numerous convictions of elected and public officials.
James has significant experience handling cases involving all varieties of fraud, including healthcare fraud, bank fraud, tax fraud, insurance fraud and the Foreign Corrupt Practices Act. He has conducted internal investigations across many industries—experience he uses to advise clients not only how to respond to government and regulatory investigations, but also how to avoid them.
Prior to joining the US Attorney’s Office, James clerked for Judge Amy J. St. Eve at the US District Court for the Northern District of Illinois.
Results
Healthcare
- Successfully tried a criminal healthcare fraud case involving significant fraud by a major hospice company and its executives*
- Obtained favorable result for a major drug manufacturer in qui tam action alleging violations of the False Claims statutes
- Obtained favorable result for national cancer care company in False Claims Act qui tam action involving allegations of violations of the Stark Law
- Successfully persuaded DOJ to take no action in False Claims Act investigation of billing practices for hospital system
- Obtained complete dismissal of putative class action lawsuit alleging deceptive and unlawful billing practices on behalf of a large hospital system
- Defended and obtained favorable settlements for a publicly-traded medical device manufacturer in product liability litigation
Investigations
- Investigation of allegations of improper benefits conferred by executive of hospital system
- Investigation of physician employee’s workplace misconduct for nationwide physician practice management company
- Conducted diligence for private equity investors in prospective healthcare transactions
- Investigated the mishandling of a significant investment for religious institution and obtained return of investment
- Investigated and prosecuted international drug cartel leaders at the highest levels in cooperation with foreign law enforcement leaders*
Fraud and Cyber Matters
- Investigated theft of trade secrets for Fortune 200 company and obtained temporary restraining orders and return of all stolen information
- Investigated and prosecuted foreign hacker for complex cloud-based computer intrusion and data theft of multiple financial services companies *
- Successfully persuaded the Securities and Exchange Commission to take no action against trader in investigation regarding allegations of securities pricing manipulation
- Investigated and prosecuted wide-ranging public corruption scheme that resulted in the convictions of multiple Illinois State Senators, an Illinois State Representative, a Cook County Commissioner, multiple suburban mayors, public officials and business leaders*
- Successfully represented an individual plaintiff in American Arbitration Association proceeding on claims of fraud, civil conspiracy and legal malpractice
Individual Representation
- Successfully persuaded the DOJ to take no action against individual corporate executive in federal compliance fraud investigation
- Successfully persuaded the DOJ to take no action against individual company employee in federal DBE fraud investigation
*Matter handled prior to joining McDermott
Recognitions
- Department of Justice Director’s Award, 2019
Community
- Lurie Children’s Hospital Innovator’s Board, board member