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Biography
Lathrop B. Nelson, III is co-chair of Montgomery McCracken’s White Collar and Government Investigations practice. He concentrates on complex commercial litigation and white collar and government investigations. He has particular experience handling civil and criminal matters involving alleged fraudulent conduct, including alleged violations of the False Claims Act, as well as public corruption, antitrust and collusive behavior, tax fraud, the Foreign Corrupt Practices Act, and other financial crimes. He represents individuals and corporate entities in all phases of civil and criminal litigation, including internal investigations.
Lathrop has argued civil and criminal matters before the United States Court of Appeals for the Third and Fourth Circuits, Pennsylvania Commonwealth and Superior Courts and federal and state trial courts. He is a former member of the Pennsylvania Supreme Court’s Appellate Rules Committee, which makes formal recommendations to the Court to refine the appellate rules.
Prior to joining Montgomery McCracken, Lathrop was a law clerk for the Honorable Eduardo C. Robreno of the United States District Court for the Eastern District of Pennsylvania.
Selected Representations
Lathrop has represented clients in criminal matters, civil False Claims Act proceedings, and related enforcement actions involving a wide range of alleged offenses, including:
- Successfully defended U.S. Army BG Jeffrey Sinclair as part of trial team in court-martial in which court imposed no jail sentence and no dismissal from service; drafted and argued motion to dismiss for unlawful command influence, which the court granted, finding unlawful command influence in connection with offer to plead
- Mortgage foreclosure services entities in a False Claims Act civil action alleging fraudulent claims submitted to Fannie Mae, Freddie Mac, and the Federal Housing Authority
- Medical device company in an investigation regarding alleged violations of the Food Drug & Cosmetic Act
- Pharmaceutical company in a False Claims Act investigation involving donations to patient assistance programs
- Executive of a public corporation in a Foreign Corrupt Practices Act investigation by the Department of Justice and Securities and Exchange Commission
- Individuals and entities in investigations by the Antitrust Division of the Department of Justice regarding bid-rigging in public finance, Superfund contracting, and municipal tax lien industries
- Individuals and entities in criminal tax investigations and prosecutions
- Nonprofit entity in an investigation by the Environmental and Natural Resources Division of the Department of Justice
Lathrop has also represented companies and individuals in a wide range of commercial disputes in state and federal court. He frequently represents clients in matters involving fraud, breach of fiduciary duties, and business torts, as well as intellectual property, breach of contract and other commercial matters, including:
- Creditors’ Committees in the Energy Future Holdings and Specialty Products Holding Corp. (Bondex) bankruptcies involving claims alleging fraudulent transfers and breach of fiduciary duties
- Corporate entity investigating and pursing claims arising out of a multimillion dollar theft by employees
- Pharmaceutical companies in civil actions relating to pricing and marketing disputes
- Clients in connection with “corporate divorce” matters involving allegations of tortious interference with contract, fraud, breach of fiduciary duty, theft of trade secrets, non-competition disputes, and other business tort claims
- Major software manufacturer in federal copyright and trademark infringement litigation in Pennsylvania and New Jersey
Selected Publications
- Quoted in “Insider Tips Case Shows 3rd Circ.’s Caution on Sentencings,” Law360, February 16, 2018
- Quoted in “Hey, Rosie O’Donnell: It’s Illegal to Offer Cash to GOP Senators to Switch Vote on Tax Bill,” TheWrap, December 20, 2017
- Quoted in “Blagojevich, Silver Seek Clarity from SCOTUS Post-McDonnell,” Bloomberg Law, December 18, 2017
- Authored “Political Prosecution: The Unconstitutional Rick Perry Case,” Law360, March 22, 2016
- Quoted in “Can Rajat Gupta Restore His Innocence and Reputation?” Fox Business, February 8, 2016
- Quoted in “DOJ Asks Supreme Court to Review Landmark Insider Ruling,” Bloomberg, July 30, 2016
- Quoted in “Clock Is Ticking for Decision on Landmark Insider-Trading Ruling,” Bloomberg, July 27, 2015
- Authored “Texting With An Informant: Lessons From Pa. Wiretap Ruling,” Law360, June 29, 2015
- Authored “United States v. Newman: Road bump in insider-trading prosecutions,” White Collar Crime Westlaw Journal, June 1, 2015
- Quoted in “Attys React To Supreme Court’s Wartime Limits To FCA Ruling,” Law360, May 26, 2015
- Co-authored “Amendments Don’t Fix Economic Crimes Guidelines,” The Legal Intelligencer, May 4, 2015
- Quoted in “What’s At Stake for Insider Trading Prosecutions After U.S. v. Newman,” Law360, March 19, 2015
- Quoted in “Attorneys React To SEC’s FCPA Action Against Goodyear,” Law360, February 24, 2015
- Authored “What To Do At Federal Sentencing: 4 Lessons From McDonnell,” Law360, January 9, 2015
- Quoted in “Telecom Contractor Ends False-Claims Inquiry for $13.7 Million,” Westlaw Journal Government Contract, November 10, 2014
- Quoted in “Holder To Leave DOJ Emboldened To Tackle Corporate Crime,” Law360, September 25, 2014
- Quoted in “Why Mickelson, Icahn are still under investigation for insider trading,” New York Post, August 31, 2014
- Quoted in “2nd Circ. Won’t Revisit Tossed GE Bid-Rigging Convictions,” Law360, August 15, 2014
- Authored “How Law and PR Can Work Together in High-Profile Cases,” Law360, April 10, 2014
- Quoted in “Judge refuses to dismiss sexual assault charges against general,” Los Angeles Times, March 4, 2014
Selected Speaking Engagements
- Guest, “Lessons from the bond-rigging trial,” The Bond Buyer podcast, June 12, 2018
- Presenter, “Protecting Sensitive Client Information,” Strafford Publications, Inc. webinar, January 2012
Community Involvement
Lathrop has served in leadership positions for several community and nonprofit organizations. He has served Rector’s Warden of the Vestry of St. Peter’s Church of Philadelphia. He is the former President of the Washington & Lee University Alumni Association’s Philadelphia Chapter. He also served as Chairman of the Chi Psi Fraternity’s National Executive Council, where he led the fraternity through strategic planning and expansion efforts. Lathrop continues to serve as the Chairman of the fraternity’s national housing corporation, Spencer Properties, LLC. He serves as a member of The Haverford School Alumni Executive Council and as class agent for the University of Virginia School Law Alumni Association. He is a graduate of Leadership Philadelphia’s Core Class of 2015 and a former member of the Board of Directors of the Committee of Seventy, a non-partisan, good government organization.
Honors & Awards
- Lathrop has been recognized as a top lawyer in Pennsylvania by Pennsylvania Super Lawyers Rising Stars 2006, 2010-2015.
Professional Activities & Achievements
- American Bar Association
- Philadelphia Bar Association
- Former Member, Appellate Court Procedural Rules Committee of the Supreme Court of Pennsylvania
- Former co-chair, Philadelphia Young Lawyers Division of the American Bar Association’s White Collar Crime Committee
Academic Achievements
Lathrop received his J.D. degree in 2001 from the University of Virginia School of Law, where he served as Chief Justice of the William Minor Lile Moot Court Board and a member of the Editorial Board of the Virginia Law Review. He graduated, cum laude, from Washington and Lee University in 1997 with a Bachelor of Arts degree in History and Politics.