Lathrop B. Nelson, III


Lathrop B. Nelson, III is a member of the firm's Litigation Department. He concentrates on white collar and government investigations and complex commercial, products liability, and toxic tort litigation. He has particular experience handling civil and criminal matters involving alleged fraudulent conduct, including alleged violations of the False Claims Act, as well as health care fraud, public corruption, antitrust, environmental crimes, tax fraud, securities 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.

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.

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Business Litigation

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White Collar and Government Investigations

Montgomery McCracken’s White Collar and Government Investigations Practice is a highly experienced group of attorneys providing extensive experience in a wide range of proceedings, including criminal matters, internal investigations, fraud-related […]

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Montgomery McCracken’s Antitrust Practice encompasses the full breadth of issues that arise in criminal and civil antitrust litigation, with special talents in multidistrict and class action litigation. We have played […]

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Product Liability, Toxic Torts and Catastrophic Events

Montgomery McCracken’s Product Liability, Toxic Torts and Catastrophic Events Practice has extensive experience representing manufacturers, distributors, and retailers in a variety of products liability and mass tort matters and in […]

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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:

  • Obtained full acquittal on all charges of an excavation contractor and one of its principals as part of a trial team in a federal Clean Air Act prosecution after a seven-day jury trial in June 2022.
  • 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 successful motion asserting unlawful command influence in connection with offer to plead.
  • Medical device company in an investigation regarding alleged violations of the Food Drug & Cosmetic Act.
  • Individuals and physician practices in investigations involving allegations of Medicaid and insurance fraud, illegal kickbacks, and other statutory and regulatory violations.
  • Pharmaceutical company in a False Claims Act investigation involving donations to patient assistance programs.
  • 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.
  • 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 products liability, 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
  • Chemical distribution company in products liability and toxic tort litigation
  • Major software manufacturer in federal copyright and trademark infringement litigation in Pennsylvania and New Jersey
Selected Speaking Engagements
Selected Publications
Honors & Awards
  • Selected to The Best Lawyers in America© – Appellate Practice; Criminal Defense: White-Collar list in 2021-2024. The Best Lawyers in America© list is issued by Best Lawyers and a description of the selection methodology can be found here.  No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the highest court of any other state.
  • Selected to the Pennsylvania Super Lawyers Rising Stars list in 2006, 2010-2015. This list is issued by Super Lawyers and a description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the highest court of any other state.
Professional Activities
  • Member, American Bar Association
  • Member, 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
Community Involvement
  • Board of Directors, Washington & Lee University Alumni Association
  • Secretary, The Haverford School Alumni Executive Council
  • Former President, Washington & Lee University Alumni Association’s Philadelphia Chapter
  • Former Chairman, Chi Psi Fraternity’s National Executive Council
  • Former Chairman, Chi Psi Fraternity’s National Housing Corporation (Spencer Properties, LLC)
  • Member, Leadership Philadelphia’s Core Class
  • Former Board of Directors, Committee of Seventy
  • Former Rector’s Warden, Vestry of St. Peter’s Church of Philadelphia

Law School

  • University of Virginia School of Law

Undergraduate School

  • Washington and Lee University