Michael R. Hoernlein

Partner,

Charlotte

Phone: +1 704 444 1041
Email: michael.hoernlein@alston.com

Clients trust Mike, both as a litigation attorney and as a Certified Fraud Examiner, with their most sensitive and complex investigations and disputes. Mike gets to the bottom of the facts efficiently to help clients navigate challenging legal situations to achieve better-than-expected results in line with their business objectives.

White Collar Enforcement Defense

Represented C-suite insurance executives in a federal financial fraud investigation, resulting in no adverse action.
Defended an accountant charged with securities fraud in a three-week federal criminal trial.
Represented two state agencies in separate federal grand jury investigations into alleged public corruption, resulting in no adverse action.
Represented two for-profit educational institutions in separate grand jury investigations into alleged fraud, resulting in no adverse action.
Represented a high net-worth individual in a federal grand jury investigation into fraud allegations and convinced the government to close the investigation with no adverse action.
Defended an individual client in a federal insider trading investigation and convinced the government to close the investigation with no adverse action.

Internal Investigations

Performed multiple internal investigations for pharmaceutical companies into a variety of CGMP and data integrity issues.
Performed an internal investigation for a pharmaceutical company into allegations of fraudulent testing data.
Conducted an internal investigation for a health care company into allegations of fraud related to COVID-19 test kits.
Performed an independent fraud investigation for a national non-profit organization.
Performed an internal money laundering investigation for a foreign bank.
Performed an internal investigation for a major insurance company relating to bribery allegations in a Medicaid program.
Performed an internal investigation for an insurance company into allegations of forgery of patient signatures.

False Claims Act Defense

Defended an insurance company in a False Claims Act qui tam lawsuit relating to Medicare Advantage.
Defended insurance companies in False Claims Act qui tam lawsuits and government investigations relating to Medicaid.
Represented a health care provider in a False Claims Act investigation and qui tam lawsuit relating to home health services.
Represented a hospital system in a False Claims Act investigation and qui tam lawsuit relating to billing for lab services.
Defended a large health care provider in a False Claims Act investigation into billing for long-term acute care hospitals.

Health Care Litigation

Representing a major pharmacy benefit manager in the In re National Prescription Opiate Litigation MDL, the largest multidistrict litigation in U.S. history.
Representing a major health care company and pharmacy benefit manager in complex multidistrict litigation and related cases targeting the pricing of diabetes drugs.
Defended a health care company in a class action regarding administrative fees, securing favorable settlement.

Commercial Litigation

Representing an interstate pipeline company in civil litigation and administrative proceedings across the multi-state project footprint. Defended the constitutionality of North Dakota and Iowa pre-condemnation survey access statutes from a Takings Clause challenge.
Secured total victory, including full damages, fees, and costs, for a technology distribution company in AAA arbitration arising out of a breach of contract.
Represented a global insurance company in civil litigation arising out of a massive counterfeit insurance policy fraud.
Won full dismissal of all claims against a former corporate officer in a case alleging, among other things, fraud and breach of contract.
Won summary judgment for an investment fund in action for a breach of promissory note and secured nearly full payment from the borrower, including significant interest, fees, and costs.
Defended a manufacturing company in a price-fixing class action/multidistrict litigation.
Counsel for a manufacturer of composite race-car parts in a commercial dispute with a part-owner, securing a favorable settlement.
Negotiated a favorable settlement for a major insurance company in a contract dispute with a former employee over commissions.
Negotiated a favorable settlement for an insurer in a breach of contract case arising out of a life insurance claim.
Counsel for a North Carolina manufacturing company in an ownership dispute arising out of a buy-sell agreement, securing a favorable settlement.

Bar Admissions

North Carolina
New York
U.S. Supreme Court

Education

New York University (J.D., 2001)
Rutgers University (B.A., 1998)

Court Admissions

U.S. Court of Appeals for the Fourth Circuit
U.S. District Court, Eastern District of New York
U.S. District Court, Northern District of New York
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of North Carolina
U.S. District Court, Middle District of North Carolina
U.S. District Court, Western District of North Carolina

Memberships

CFE, Association of Certified Fraud Examiners
North Carolina Bar Association
Mecklenburg County Bar Grievance Committee (2012–2015; 2021–2024), Diversity & Inclusion Committee (2015–2017)
Hemophilia of North Carolina, board of directors, treasurer (2012–2018)