Seth B. Orkand

(he/him/his)

Partner

  • Overview

    Biography

    Seth B. Orkand focuses his practice on white-collar criminal defense, government and corporate internal investigations, research misconduct investigations, college and university disciplinary actions, and complex commercial litigation. He serves as co-chair of the firm's Government Enforcement and White-Collar Defense Team and is a member of the Business Litigation Group and Internal Investigations and Corporate Compliance Team. 

    Government Enforcement and White-Collar Criminal Defense

    Seth’s experience includes representation of corporations and individuals in federal and state white-collar criminal matters as well as a variety of government investigations and litigation matters. He has particular experience in the areas of health care fraud, off-label marketing, securities enforcement and litigation, violations of the False Claims Act, government contracting, computer and Internet crimes, and antitrust matters. Seth has also developed a substantial practice advocating on behalf of college and university students, staff and faculty who were either survivors of sexual assault or accused of academic or sexual misconduct on campus, and is trained as a Title IX investigator.  Seth also represents academic researchers accused of research misconduct.

    An experienced trial lawyer, Seth served as an Assistant United States Attorney for the United States Attorney’s Office in the District of Massachusetts, where he investigated and prosecuted matters including health care fraud, child exploitation, identity fraud, computer crimes, mail and wire fraud, drug trafficking, firearms, and immigration offenses. He also worked as a Special Assistant District Attorney in the Middlesex District Attorney’s Office, where he prosecuted 14 jury and bench trials to verdict.

    Resolution of Complex Litigation Matters

    Seth also has a diverse litigation practice representing corporations and individuals in high-stakes complex commercial disputes.  Seth represents corporations and their officers and directors facing class action lawsuits, allegations of fraud, and in employment matters.  He has successfully represented clients in the banking, financial services, life sciences, technology and automotive industries in cases with significant financial implications.

    Pro Bono Service

    While in law school, Seth interned with the Office of the Prosecutor at the International Criminal Tribunal for the Former Yugoslavia in the Hague. He has extensive pro bono experience working with Boston’s homeless population and with survivors of sexual assault.  In 2014, the Massachusetts Supreme Judicial Court awarded Seth the John Adams Pro Bono Publico Award in recognition of his service to victims of human trafficking.

  • Experience
    • Experience

      Experience

        White-Collar Criminal Defense and Internal Investigation Matters

      • Represent president of medical device manufacturer in civil and criminal anti-kickback investigations by the U.S. Attorney's Office.

      • Represented managing partner of hedge fund accused of wire fraud in concurrent civil, regulatory, administrative, and criminal matters. *

      • Represented government contractor accused of government contracting fraud in three-week federal criminal trial and appeal of conviction. *

      • Led large team of associates in representation of Japanese automotive parts manufacturer in criminal antitrust investigation and follow-on civil litigation. Conducted internal investigation of obstruction of justice allegations and proffered to government prosecutors. *

      • Led team representing medical device manufacturer in internal investigation of alleged violations of the Anti-Kickback Statute and False Claims Act. *

      • Advised Internet search engine on First Amendment defenses to accusations that online advertising by Canadian pharmacies constituted violations of the Controlled Substances Act and drafted proffer to government summarizing findings from factual investigation. *

      • Led team investigating alleged fraudulent mortgage practices for large financial institution as part of inquiry by the Office of the Comptroller of the Currency. *

         

      • Commercial Litigation Matters

      • Represented academic medical researcher in litigation brought by former post-doctoral research fellows concerning research misconduct and claims of a hostile work environment. *

      • Represented Internet retailer in breach of contract litigation against online marketplace and negotiated favorable settlement after successfully opposing motion to dismiss. *

      • Tried numerous arbitrations to verdict on behalf of major automotive manufacturer, negotiated settlements, drafted motions and briefs, and directed discovery efforts. *

      • Represented affordable housing developer in litigation against environmental remediation consultant and negotiated favorable settlement after successfully opposing motion to dismiss and motion for summary judgment. *

      • Represented lessee of South Station in successful appeal before Appellate Tax Board. *

      • Other Experiences

      • *Attorney Orkand was counsel in these representative transactions prior to joining Robinson+Cole.

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    • Professional Associations

      Professional Associations

      Massachusetts Supreme Judicial Court
      Standing Committee on Pro Bono Legal Services (2022 - Current)

      Boston Bar Association
      Law Day Steering Committee (2023 - present)
      Steering Committee on White Collar Criminal Defense (2019 - 2023)

      National Association of Criminal Defense Lawyers

      Massachusetts Association of Criminal Defense Lawyers

      American Bar Association

      Association of Title IX Administrators
    • Honors + Awards

      Honors + Awards

      Recognized by Massachusetts Lawyers Weekly as a 2022 “Massachusetts Go To Lawyer” in the area of Business Litigation.

      Recognized by Boston magazine as a Top Lawyer in 2022 and 2021. 

      Selected by his peers for inclusion in The Best Lawyers in America© in the area of Criminal Defense: White-Collar for 2022 and 2023 and in the area of Criminal Defense: General Practice for 2023.

      Selected to the Massachusetts Super Lawyers list for 2022.

      Selected as a Rising Star in the Massachusetts Super Lawyers list in 2017

  • NEWS + PRESS
    • Publications

      Publications

      "What May Shape The Scope Of Affirmative Action Ruling," co-authored with Joshua L. Coker and Mallori D. Thompson, published in Law360 Expert Analysis (11/6/2022)
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      "Telehealth confusion could create issues for physicians," co-authored with Conor O. Duffy, published in Medical Economics (7/27/2021)

      "RICO in Federal Civil Litigation," published in Federal Litigation in the First Circuit (2017)

      "Federal Prosecutorial Policy a Step Backwards," published in Mass. Lawyers Weekly (May 26, 2017)

      "Representing Victims of Human Trafficking in Massachusetts: A Guide for Attorneys," (2013)

      "Revisiting 'Off-Label' Drug Promotion Resolutions in Light of 'Caronia'," published in New York Law Journal (February 28, 2013)

    • Presentations

      Presentations

      "Title IX Regulations on Students’ Eligibility for Athletic Teams," co-presented with Kathleen E. Dion, hosted at Western New England University (5/15/2023)
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      "Title IX Regulations: What You Need to Know," co-presented with Kathleen E. Dion, an Education Roundtable discussion presented at Bay Path University (10/28/2022)
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      "Title IX: What Schools Need to Know to Prepare for Final Regulations," co-presented with Kathleen E. Dion, an R+C-hosted webinar (9/29/2022)
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      "Title IX: What Schools Need to Know to Prepare for Final Regulations," co-presented with Kathleen E. Dion, a webinar hosted by the Connecticut Conference of Independent Colleges (8/25/2022)
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      "Foreign Influence Concerns in Scientific Research," during the Boston Bar Association's annual White-Collar Crime Conference (5/5/2022)
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      "Education Roundtable: A Discussion on Reopening Campuses for the Fall Semester," co-presented with Kathleen E. Dion (7/29/2021)
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      "Recent Trends in Scientific Research Misconduct Investigations: Institutional, Government, and Defense Perspectives," (3/1/2021)
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      "Title IX: Hearing from Parties' Counsel and Predicting Future Litigation," as moderator during the Boston Bar Association Virtual Education Legal Conference. (7/22/2020)
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      "Pretrial and Compassionate Release During COVID-19: A Focus on White Collar Defendants in the Federal Courts," presented to the Boston Bar Association. (5/19/2020)
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      "Public Corruption Panel," as moderator during the Boston Bar Association White Collar Crime Conference. (1/15/2020)
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      "A Discussion on White Collar Criminal Defense," (3/13/2019)
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      "Career Focus: Transitions Between Government and Private Practice," presented to the Boston Bar Association (12/12/2018)
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    • News

      R+C in the News

      • December 23, 2022

        Seth Orkand Recognized As a Massachusetts "Go To Lawyer" in Business Litigation

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      • December 13, 2022

        Boston Magazine Names Six R+C Lawyers as Top Lawyers 2022

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      • November 8, 2022

        Litigation Section Lawyers Author Law360 Article on the Future Reach of Affirmative Action Ruling

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      • May 12, 2022

        Seth Orkand Appointed to Massachusetts Supreme Judicial Court Standing Committee on Pro Bono Legal Services

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      • December 13, 2021

        Boston Magazine Names Seven R+C Lawyers as a Top Lawyer 2021

      • August 4, 2021

        Conor Duffy and Seth Orkand Author Medical Economics Article on Telehealth Waivers Creating Provider Compliance Concerns

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      • July 30, 2021

        Kate Dion and Seth Orkand Present Webinar on Reopening College Campuses

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      • January 29, 2021

        Robinson+Cole’s Recent Lateral Hires Profiled in Law360 Article

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      R+C News Releases

      • October 11, 2022

        Robinson+Cole Lawyers Recognized in 2022 Super Lawyers®

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      • August 18, 2022

        74 Robinson+Cole Lawyers Listed in The Best Lawyers in America 2023

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      • August 19, 2021

        65 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2022

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      • January 6, 2021

        Robinson+Cole Expands Government Enforcement and White-Collar Defense Team

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    • Legal Updates/Newsletters

      Legal Updates/Newsletters

      "Health Law Diagnosis - Unanimous Supreme Court Endorses Subjective Belief Standard for False Claims Liability" co-authored with Conor O. Duffy (6/2/2023)

      "DOJ Announces Significant Corporate Compliance Initiatives" co-authored with Edward J. Heath, Benjamin M. Daniels, Kevin P. Daly and Dan A. Brody (3/8/2023)

      "Federal Court Rules Tax-Exempt Independent Schools Must Comply with Title IX" co-authored with Kathleen E. Dion and Sabrina M. Galli (8/11/2022)

      "Federal Court Suggests Title IX Applies to Private Schools Receiving PPP Loans" co-authored with Kathleen E. Dion and Theresa Lane (7/18/22)

      "Department of Education Proposes Revamping Title IX Sexual Harassment Regulations" co-authored with Kathleen E. Dion and Theresa Lane (6/28/22)

      "Spotlight on Students for Fair Admissions, Inc. v. President and Fellows of Harvard College" co-authored with Joshua L. Coker (April 2022)

      "Supreme Court Narrows Reach of Computer Crime Statute" co-authored with Kevin P. Daly, Kathryn M. Rattigan and Linn F. Freedman (6/16/2021)

      "OCR Provides Roadmap of Its Review of Title IX Regulations" co-authored with Kathleen E. Dion (4/9/2021)

      "President Directs Department of Education to Begin Dismantling Trump-Era Title IX Sexual Misconduct Regulations" co-authored with Kathleen E. Dion (3/8/21)