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Robert E. Hauberg Jr.

Senior Counsel

The former leader of Baker Donelson's Government Regulatory Actions Group, Robert Hauberg represents clients in a variety of matters involving health care, SEC enforcement, antitrust, False Claims Act litigation, and congressional and internal investigations.

Professional Biography

Mr. Hauberg is also a member of industry service teams for Government Contracts and Health Care Fraud and Abuse and heads up the Whistleblower Task Force for the Government Enforcement and Investigations group. He concentrates his practice in antitrust, securities, False Claims Act and RICO litigation; money laundering, white collar crime; post-conviction clemency; congressional investigations; internal investigations including foreign corrupt practices, export controls, OFAC sanctions and price fixing; corporate compliance; and litigation for financial institutions, securities broker-dealers, health care and pharmaceutical providers, government contractors, and public officials. He has represented companies and individuals from Canada, China, Denmark, Egypt, Germany, India, Japan, Kuwait, The Netherlands, Russia, Switzerland, Turkey and the United Kingdom.

He has handled dozens of grand jury investigations and criminal trials, as well as civil trials involving mergers, financial institutions, RICO, false claims by government contractors, whistleblower actions, and public corruption. He has participated in mediation/arbitration matters including the Marvin Frankel insurance fraud litigation, KPMG tax shelters, criminal and shareholder litigation involving WorldCom, securities suitability, legislator and Congressional investigations, antitrust, health care/pharmaceutical contracts, and federal False Claims Act whistleblower litigation. Prior to private practice, Mr. Hauberg was a federal prosecutor as an Assistant U.S. Attorney in the District of Columbia, and as a senior official in the Antitrust Division and in the Criminal Division (Fraud Section) of the Department of Justice in Washington.

  • False Claims Act/Government Contracts

  • Obtained summary judgment on behalf of a large engineering/construction client in allegations of whistleblower retaliation for claiming false and manipulated independent government estimates for construction of Federal Bureau of Prisons (BOP) prison in Alabama.

  • Represented Navy civilian officials in qui tam False Claims Act litigation and settled claims alleging the bid process was tainted by information sharing in violation of procurement integrity restrictions.
  • False Claims Act/Securities Investigation

  • Successfully represented a pharmaceutical company in the investigation in Philadelphia and settlement of qui tam litigation regarding rebate calculations for federal and state health care insurance programs, as well as in a parallel SEC revenue recognition investigation in which no charges were brought.

  • False Claims Act/Health Care

  • Defended a durable medical equipment provider in a qui tam False Claims Act suit in Florida, resulting in the dismissal of the complaint.

  • Securities Litigation

  • Litigated and settled claims against a securities firm for permitting a guardian to raid the accounts of minor children.

  • Securities Investigations/Litigation

  • Represented executives in telecom securities fraud, energy trading and false health care company financials prosecutions and/or related civil litigation.
  • Represented municipal advisor in SEC investigation of bond offering in Illinois.

  • Represented the CFO of a major telecommunications company in federal investigations of inflated revenues, and in charges and pleas hearings and related civil class action litigation at the state level.

  • Health Care Investigations

  • Represented physician in Tennessee grand jury investigation of telemedicine DME prescribing.

  • Represented a health care provider in a criminal investigation by the state attorney general and obtained a civil resolution with criminal charges avoided.

  • Helped conduct and respond to interview and document requests during an investigation of pharmacies by the U.S. Attorney's Office in the Southern District of Florida.

  • Health Care Investigations/Litigation

  • Successfully represented and secured immunity for the treasurer of a prominent post-acute health care provider in the CEO’s criminal trials for health care fraud and bribery.

  • Antitrust

  • Obtained a carve-out from prosecution for a Dutch executive in an air cargo price-fixing investigation by the Department of Justice Antitrust Division and represented him as a witness in New York class action litigation.

  • Advised a bank holding company on divestitures needed to complete the acquisition of a bank and coordinated with Antitrust Division and Federal Reserve.

  • Represented a New Jersey based generic pharmaceutical company in a pay-for-delay investigation by the Mississippi Attorney General as part of a multi-state task force concerning restraints on generic competition for branded drugs caused by settlement of patent litigation and related contracts for supply and distribution arrangements granted by the branded pharma companies to the client company, with the result that, after a confidentiality agreement was negotiated and documents produced, the Attorney General's office decided to close the investigation.

  • Successfully mediated and settled after motions and limited discovery, on behalf of a multinational pharmaceutical company after almost eight years of litigation, a parens patriae action by the Mississippi Attorney General alleging antitrust and consumer protection violations for price fixing of human and animal vitamins and vitamin mixes around the world.

  • Defended a catfish processor in criminal and subsequent multi-million-dollar class action litigation for price fixing. Achieved settlement at the pretrial conference after extensive discovery.

  • Antitrust/Health Care

  • Represented a hospital owner and administrator in an antitrust case in Vermont brought by a peer-reviewed doctor, who settled the matter after discovery.

  • Congressional Investigations

  • Represented a contractor in multiple congressional subpoenas for documents and staff interviews regarding the timing of a Request for Equitable Adjustment for the construction of the Jakarta embassy, and related investigation of State Department testimony regarding construction issues and security inspections of materials for the London embassy. 

  • Congressional Investigations/Public Corruption

  • Represented a United States Senator in connection with the investigation of a staffer in the Abramoff-Ring prosecution, which included the production of documents to the Department of Justice Public Integrity Section and dealing with the Senate Legal Counsel.

  • Successfully represented a U.S. Representative in resolving reporting issues with the House Bank and Federal Elections Commission and later assisted in an Independent Counsel investigation of gifts received while client was Secretary of Agriculture.

  • Internal Investigations

  • Conducted an external review of existing controls concerning external relations programs relating to government and industry relations. Findings were presented in the form of a report to the board of directors and to the regulatory agency, and compliance recommendations were made.

  • Government Contract Investigations

  • Represented a government contractor in an OIG investigation of volume/prices in sales of fuel for postal delivery vehicles, which included the production of records and partial voluntary disclosure.

  • Helped contractor respond to HUD-OIG audit of grants to the Mississippi Gulf Coast for new infrastructure post-Katrina and rebutted claims of millions of dollars of wasted expenditures and inflated population projections.

  • Financial Institutions

  • Represented a Moscow banker among various other codefendants in a RICO action claiming $3 billion in claims of alleged bribery and illegal takeovers of Russian aluminum companies. The investors sued in New York, but the court dismissed the case on grounds of comity and forum non conveniens, essentially sending it to Russian courts.

  • Financial Institutions/Litigation

  • Represented a bank president in an alleged loan scheme with borrowers. Achieved settlement of the administrative action with the Office of the Comptroller of Currency and then persuaded the U.S. District Court to vacate the criminal restitution order because the bank had obtained an insurance recovery. Successfully defended the client in a three-week RICO jury trial, achieving a verdict of zero damages.

  • Successfully defended and won acquittal in a Rule 29 motion for a senior insurance company executive charged with concealing commissions received for a key man insurance policy obtained for the company's chairman.

  • Public Corruption

  • Represented a former Alabama legislator accused of participating in a bribery scheme to obtain approval for gaming operation. In federal plea and sentencing hearings, successfully argued for a substantial variance downward from the sentencing guidelines based upon the personal circumstances of the defendant.

  • After a jury trial, obtained acquittal of a mental health facility director for alleged bribery of a city official for assigning patients to the center.

  • Foreign Corrupt Practices Act

  • When due diligence for the acquisition of an agricultural import company revealed questionable payments in Turkey to inspectors, Baker Donelson helped to guide the company through an internal investigation and self-reporting of the results to the DOJ and SEC, which imposed fines after finding books and records and internal controls violations under the Foreign Corrupt Practices Act.

  • Represented aviation client in DOJ investigation of payments in Indonesia, in which no charges resulted.

  • Listed in The Best Lawyers in America® since 1995 in the areas of White-Collar Criminal Defense, Antitrust Law, Corporate Governance and Compliance Law and Commercial Litigation
  • Named the Best Lawyers' 2014 Jackson-MS Corporate Compliance Law "Lawyer of the Year"
  • Named the Best Lawyers' 2013 Jackson-MS Litigation - Antitrust "Lawyer of the Year"
  • Listed in Washington, D.C. Super Lawyers since 2014 in White Collar-Criminal Defense
  • Listed in Mid-South Super Lawyers since 2006 in Antitrust Litigation
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
  • Named as one of Washington, D.C. & Baltimore's "Top Rated Lawyers"
  • Named an Outstanding Healthcare Antitrust Lawyer by Nightingale's Healthcare News (2006)
  • Mississippi State Chair, American Bar Foundation (2017 – 2020, 2020 –)
  • Co-Chair – D.C. Bar, Antitrust and Consumer Law Section (2016 – 2017)
  • Secretary – Federal Bar Association Antitrust and Trade Regulation Section (2016 – 2020)
  • Member – Mississippi, New York State, District of Columbia (Antitrust and Consumer Law Section Steering Committee and Co-Chair, 2011 – 2017), American Bar Association (Criminal Justice Section: Vice Chair, International Criminal Law Committee, 2005 – 2006; Co-Chair, Business Crime & Investigations, Southwest Region, 1996 – 2001; Program Co-Chair, Gaming Enforcement, 1996 – 2001; Co-Chair, Bank and Insurance Fraud Subcommittee, White Collar Crime Committee, 1992 – 1996; Antitrust Law Section: Co-Chair, Compliance and Ethics Committee, 2011 – 2013; Vice Chair, Compliance and Ethics Committee, 2005 – 2011; Chair, Financial Markets and Institutions Committee, 2000 – 2003; Vice Chair, Criminal Practice and Procedure Committee, 1997 – 2000; Criminal Litigation Committee, Litigation Section; Business Law Section), Federal (Member, Government Contracts Committee; Secretary, Antitrust and Trade Regulation Section, 2016 – 2020) and International Bar Associations (Member, Antitrust and Trade Law and Business Crimes Committees, Business Law Section)
  • Fellow– Mississippi Bar Foundation
  • Former Member – Securities Industry and Financial Markets Assoc. (Compliance and Legal Division)
  • Former Member – Association of Certified Fraud Examiners 
  • Member – American Health Law Association
  • Member – American-Scandinavian Foundation
  • Member – Danish Club of Washington, D.C.
  • Officer/Board Member – Mississippi Museum of Art, Mississippi Opera, Mississippi Symphony, Yale Law School Alumni Association, St. Andrew's Episcopal Cathedral Vestry, Historic Greenwood Cemetery Association
  • Life Fellow and Mississippi State Chair – Fellows of the American Bar Foundation (2017 –)
  • "Congress Cares (Act): Expect Oversight Investigations," Celesq® Webcast (July 2, 2020)
  • "Heightened SEC Disclosures in the COVID-19 Enforcement Age," Celesq® Webcast (June 5, 2020)
  • "Achieving 2020 Vision for Certified Fraud Examiners: What to Expect During the New Year in Government Enforcement, Forensic Accounting and Internal Investigations," Association of Certified Fraud Examiners, Central Mississippi Chapter (March 2020)
  • "Health Care Fraud: Recent Government Enforcement Initiatives and Investigation Issues," presentation for the Mississippi Health Care Working Group (January 2019)
  • "What's New in the New Year – Government Enforcement Initiatives and Investigation Issues," Association of Certified Fraud Examiners, Central Mississippi Chapter (January 2019)
  • "Update on Whistleblowers," Labor and Employment Briefing, Memphis, Tennessee (June 2018)
  • Moderator – "Corporate Compliance - Responsible Business Practices for Thriving Companies," D.C. Bar Antitrust and Consumer Law Community Webinar (February 2018)
  • Panelist – "Whistleblowers: Brief Overview of Bio-Rad and Its Implications for Corporate Counsel and Their Employers," Whistleblower Law: Attorney-Client Privilege and Other Lessons from Bio-Rad, ALI Telephone Seminar/Audio Webcast (September 2017)
  • "Business Operations Basics: Mitigating Risks and Liability," National Business Institute, Madison, Mississippi (July 2017)
  • Lecturer – Mississippi College School of Law: Trial Practice (Criminal Litigation) (March 2017); International Business (Enforcement) (April 2017)
  • "Whistleblowers," Labor and Employment Briefing, Jackson, Mississippi (May 2016)
  • Panelist – "Major SEC White Collar Cases," ABA Criminal Justice Section's Southeastern White Collar Crime Institute (September 2015)
  • Contributor – ABA Antitrust Law Section U.S. Sentencing Commission Project (2015)
  • Moderator – "Antitrust Issues in Government Contracts: D.C. and Federal Perspectives," D.C. Bar Panel (December 2014)
  • "Antitrust Issues in Government Contracts: D.C. and Federal Perspectives," Cosponsored by the Antitrust and Consumer Law Section and the Government Contracts and Litigation Section of the D.C. Bar (December 2014)
  • Panelist – "White Collar Criminal Enforcement: Is the Government More Willing Than Ever To Go To Trial," ABA Criminal Justice Section, Southeastern White Collar Crime Institute, Braselton, Georgia (September 2014)
  • Moderator – "Complying with Antitrust Enforcement Orders, Decrees and Agreements - DOJ, FTC and Practitioner Views," D.C. Bar Panel (December 2013)
  • Panelist – "The ABA's 2012 Changes in Ethics Rules," ABA Antitrust Law Section Spring Meeting (April 2013)
  • Panelist – "Securities Laws Enforcement in the EB-5 Context: SEC Process & Procedures (Chicago Convention Center Case Study)," IIUSA Webinar (February 2013)
  • Moderator – "Town Hall Meeting," ABA Section of Antitrust Law Compliance and Ethics Committee (February 2013)
  • "June Antitrust Update for In-House Counsel," Antitrust Law Section, American Bar Association (July 2012)
  • Moderator – "Antitrust Basics for Non-Antitrust Lawyers," Brown Bag Program, Antitrust and Consumer Law Section of the D.C. Bar (May 2012)
  • Session Chair – "General Counsel Roundtable on Compliance," ABA Antitrust Law Section Spring Meeting (March 2012)
  • Program Chair – "General Counsel Compliance & Ethics Roundtable: Coordinating Consistency in the Multinational Context," ABA Antitrust Law Section Spring Meeting (March 2011)
  • Panelist – "Trouble is Knock, Knock, Knocking on My Front Door - Responding To Mortgage Fraud Investigations," Mortgage Bankers Association National Fraud Issues Conference (March 2011)
  • Program Moderator – "Developments in Ethics 2010," ABA Antitrust Law Section Compliance and Ethics Committee Teleseminar (January 2011)

Education

  • Yale Law School, J.D., 1970
  • Yale University, M.A. in International Relations, 1967
  • University of Mississippi, B.A., 1965, summa cum laude

Admissions

  • Mississippi
  • U.S. District Court, Southern and Northern Districts of Mississippi
  • Mississippi Supreme Court
  • District of Columbia
  • U.S. District Court, District of Columbia
  • U.S. Court of Appeals, District of Columbia
  • U.S. Court of Appeals for the First, Second, Fifth, Sixth and Eighth Circuits
  • New York
  • U.S. District Court, Southern and Eastern Districts of New York
  • U.S. District Court, Northern District of Texas
  • U.S. Supreme Court

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