Max Maccoby concentrates in complex civil litigation in the areas of employment (wrongful termination, Title VII, ADEA, False Claims Act), personal injury (catastrophic, pharmaceutical, medical devices), commercial disputes (shareholder rights, partnership, construction, securities and commodities), FINRA actions against broker dealers, and claims under the Foreign Corrupt Practices Act. He has tried cases to verdict in California, Illinois, Louisiana, Maryland, Virginia, and the District of Columbia. His representative cases are as follows:
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 “costs plus” contract for army packs.
- Fraudulent overcharging of a “time and material” contract by an unlawful formula for IT services.
- Fraudulent avoidance of New York taxes by insurers for hidden unregulated insurance sales.
- Fraudulent avoidance of repayment of TARP debt by insurers.
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.
Securities.
- Restitution for losses against a major investment advisor for fiduciary misconduct, including churning, unsuitability, and failure to diversify.
- Class action to recover customer account monies from banks that facilitated a ponzi scheme by a commodities futures commission merchant (Peregrine Financial Group).
- Shareholder fiduciary and derivative actions for investor class losses.
- Defending Series 7 broker-dealers in FINRA actions.
Construction.
- Representation of security firm in claim against a mall concerning the speed of demolition, clean-up, design, and construction of a rebuild after a fire. The litigation involved experts in demolition, abatement, design, permitting, construction, testing and inspections, and insurance claims.
- Representation of owner on $60 million construction project against contractor for a defective building automation system, deficient water flow design, negative air pressure, and water infiltration. The litigation 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.
