Alcohol Regulatory Developments in Enforcement, Trade Practices, and Product Claims

Julian André helps clients achieve the best outcomes when facing government enforcement actions, prosecutions and investigations, defending against complex civil litigation and performing internal investigations. Leaning on his experience as an Assistant US Attorney in Los Angeles prosecuting financial crimes, Julian adds an inside perspective when devising defense strategies for companies and individuals facing criminal and civil investigations by state and federal agencies such as DOJ, HHS-OIG, SEC, and DOL. He also regularly advises clients on matters involving corporate governance and regulatory compliance, including anti-money laundering and anti-corruption issues.

Julian’s experience prosecuting complex fraud cases and acting as a first chair trial attorney make him a valuable asset to healthcare clients, who regularly call on him to navigate False Claim Act investigations and civil litigation. Throughout his career, he has helped healthcare companies save hundreds of millions of dollars in potential government fines and civil judgments.

In recent years, Julian has also defended several companies in ERISA litigation involving Employee Stock Ownership Plans (ESOPs). Julian’s strategic approach and strength in the courtroom have led to favorable outcomes for ESOP plan sponsor companies, their directors and officers, and plan fiduciaries in class action lawsuits brought by plan participants.

Prior to rejoining McDermott in 2021, Julian spent six years as an Assistant US Attorney. During this time, he served in the Major Frauds Section and was the US Attorney’s Office’s Securities Fraud Coordinator and Education Fraud Coordinator. Julian prosecuted and investigated a wide range of financial crimes, including healthcare fraud, securities fraud, bank fraud, public corruption, tax evasion, and money laundering. Two marquee cases handled during his time as a federal prosecutor include the prosecution of Michael Avenatti and the prosecution of China Zhongwang, the world’s second-largest aluminum extrusion producer at the time.

Other notable trial experience includes education fraud, bribery and tax cases in the US District Court for the Central District of California, and patent infringement trials in the US District Courts for the Northern District of Texas and Middle District of Florida.

Julian is also an accomplished appellate advocate, having handled dozens of appeals before the US Supreme Court, and the US Courts of Appeals for the Second and Ninth Circuits. Prior to entering private practice, Julian served as a law clerk for the Honorable Harry Pregerson of the US Court of Appeals for the Ninth Circuit.

Advises alcohol beverage clients on regulatory, commercial, and compliance matters

Counsels on M&A for companies buying, selling, and investing across the beverage industry

Handles audits, investigations, arbitration, and litigation tied to alcohol beverage regulatory issues

Guides legal strategy for delivery services, new beverage collaborations, and e-commerce in the alcohol sector