Melissa Coffey is an experienced litigator who focuses her practice on complex commercial litigation, internal investigations, and government enforcement defense. Clients turn to Melissa for her keen judgment and practical approach to problem-solving, including the ability to identify and distill key points in bet-the-company and other complex matters, with a sensitivity to and understanding of her clients’ business concerns and reputational risks.
Melissa has represented companies and executives across a wide range of complex litigation matters, including False Claims Act and other actions initiated by the government or a whistleblower, and securities fraud and RICO actions. She also represents clients in government investigations, conducts internal investigations on behalf of companies and board committees, and successfully advises clients in order to avoid enforcement actions or litigation.
Melissa advises clients across a spectrum of industries, including financial services, accounting, technology, retail, pharmaceutical, home health, and medical supplies, among others. She also has experience leveraging artificial intelligence, including in the review of large volumes of electronic data, in connection with litigation and internal and government investigations.
Representative Experience
- Closing of Florida Attorney General investigation regarding marketing practices of digital entertainment and media company
- Successful dismissal, affirmed on appeal, of civil federal RICO litigation seeking $200 million in damages
- Favorable resolution on behalf of property insurer in federal litigation involving claims by a former executive and minority owner’s allegations of breach of fiduciary duty, minority shareholder oppression, and conversion
- Closing or other favorable resolution of a variety of investigations and litigation involving fees broker- dealers charged to clients, including distribution and shareholder services fees
- Closing of SEC insider trading investigation involving a broker-dealer
- Favorable resolution of DOJ False Claims Act investigation and related litigation involving home health agency, part of a major healthcare services company
- Representation of retailer and favorable resolution in an internal and SEC investigation involving alleged accounting fraud relating to accounting for markdowns
- Representation of accounting firms and favorable resolutions in a variety of PCAOB investigations
- Representation of securities lending executives in civil litigation and an SEC investigation of a major financial institution, which the SEC declined to pursue
- Representation of current and former employees of pharmaceutical companies in DOJ investigations involving potential False Claims Act allegations
Awards and Recognition
- The Best Lawyers in America©, Criminal Defense: White-Collar and Litigation – Regulatory Enforcement (SEC, Telecom and Energy) (2019-Present)
Affiliations
- Co-Chair of the Sponsor Committee, Women’s White Collar Defense Association (http://wwcda.org/)
- Member, American Bar Association