Born and raised in Washington, D.C., Max Maccoby concentrates on whistleblower SEC claims under the Foreign Corrupt Practices Act, and complex civil litigation in the areas of employment (wrongful termination, Title VII, ADEA, False Claims Act), personal injury (catastrophic, pharmaceutical, medical devices), and commercial disputes (shareholder rights, partnership, construction, securities and commodities). He has tried cases to verdict in California, Illinois, Louisiana, Maryland, Virginia, and the District of Columbia. His representative cases are as follows:
Foreign Corrupt Practices Act.
- Represented one of the claimants on the $279 million Ericsson SEC award.
- Persuaded the DC Circuit in Doe v. Sec. & Exch. Comm’n, 28 F.4th 1306 (D.C. Cir. 2022) to find that SEC whistleblower regulations were ambiguous.
False Claims/qui tam.
- Medicare fraud against a palliative healthcare provider for “worthless services.”
- Medicare fraud against a medical device company for selling its medical device “off label” per a “decoy” FDA approval for which it was not used.
- Fraudulent overcharging of a “time and material” contract by an unlawful formula for IT services.
Personal Injury/Wrongful Death.
- Failure to warn claim against Pfizer for a drug product that had undisclosed lethal risks causing a wrongful death, which involved experts in neurology, manufacturing chemistry, forensic chemistry, pharmacokinetics, biostatistics, pathology, and clinical science.
- Negligence claim against CVS Pharmacy for unlawful generic substitution in violation of prescription language prohibiting substitutions causing a wrongful death, which involved experts in pharmacology and neurology.
- Brian injured personal injury claims, one of which was a Covid-remote trial involving experts in neuro-ophthalmology, neuropsychology, physiatry, economics, and vocation.
Partnership Buyout and Dissolution.
- Representation of partner’s “buyout” claim under the Revised Uniform Partnership Act resulting in a five-week trial in the Circuit Court of Fairfax County, which involved experts in company valuation, capital accounting, and settlement of capital accounts.
Breach of Contract.
- Representation of a member of the European Union on breach of contract claim against a vendor handling military equipment resulting in a three-week trial in U.S. District Court in Maryland, which involved experts in logistics and economics.
- Representation of a defeasance company in a breach of contract and fraud claim, resulting in a four-week trial in Marin County, California, which involved experts in securities hedging.
Construction.
- Representation of owner on $71 million construction project against contractor on a design-build contract for a defective building automation system, deficient water flow design, and water intrusion resulting in a three-week trial in Prince George’s County Circuit Court, which involved experts in mechanical and civil engineering.
Prior Experience
Prior to joining Washington Global Law Group PLLC, Mr. Maccoby was an Assistant State’s Attorney in Chicago, Illinois, for eight years, where he was lead counsel or co-counsel in several dozen jury trials and hundreds of bench trials, including murder, attempt murder, sex assault, reckless homicide, drunk driving, embezzlement, bank fraud, and other assorted financial crimes. In those trials, Mr. Maccoby offered DNA, medical, ballistic, fingerprint, and accounting expert testimony. He was qualified by the Capital Litigation Trial Bar of Illinois to try death penalty cases.
