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Donald K. Stern is a partner in the Litigation department and a member of the Boston office. He joined the Firm in 2008.
Mr. Stern's practice focuses on business litigation, internal investigations and white collar defense work. He has a wealth of experience in representing companies and individuals in complex civil, criminal and regulatory matters. Because of his background as a federal prosecutor and state assistant attorney general, he often represents clients in grand jury and civil enforcement investigations involving allegations of securities fraud, healthcare fraud, foreign corrupt practices, political corruption, insurance fraud and antitrust. Mr. Stern has also conducted numerous internal investigations on behalf of public companies and their audit committees.
Prior to joining Cooley, Mr. Stern was a partner with Bingham McCutchen. Earlier in his career, he was a partner at Hale & Dorr LLP. Mr. Stern is the former United States attorney for the District of Massachusetts (1993-2001). As United States attorney, he was the chief federal law enforcement official in Massachusetts and directed an office of almost 100 attorneys. He was also the chair of the Attorney General's Advisory Committee (1996-1998).
In state government, Mr. Stern served as the chief legal counsel to Governor Michael S. Dukakis. Mr. Stern advised the governor on a host of legal and policy issues and acted as liaison with state and federal criminal justice agencies and with the state judiciary. He also spent seven years as an assistant attorney general in the Massachusetts attorney general's office, where he held several positions, including chief of the Government Bureau.
Before joining the attorney general's office, Mr. Stern was on the faculty at Boston College Law School. He directed a criminal and civil clinical law program and taught several law courses, including criminal procedure and administrative law. Before that, he was a staff attorney at the Defender Association of Philadelphia and a legal services program in Philadelphia, as part of the Community Law and Criminal Litigation Program at the University of Pennsylvania Law School.
Mr. Stern is involved in a number of public and community activities. He frequently speaks and writes on subjects related to white collar crime, criminal justice, compliance and business ethics. In 2002, he served as chair of a blue-ribbon commission appointed by the governor to investigate allegations involving the Suffolk County Sheriff's Department. He later served as chair of a similar seven-member commission appointed by the Boston police commissioner to investigate the circumstances leading to the death of a college student who was shot with a pepper ball projectile by the Boston police following a Red Sox-Yankees American League Championship Series game in October 2004.
Mr. Stern has been named as an Advisor to the President-elect Barack Obama's transition team for the Justice Department.
REPRESENTATIVE MATTERS
- Currently representing Boston Medical Center over the cost of reimbursement for services to its "safety net" patients, as part of the state's move towards universal health care. The case, which was reported by the Boston Globe and the New York Times is widely considered to influence the debate on proposed national health care reform.
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Represented the independent directors of a United Kingdom company in connection with a federal criminal investigation
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Conducted an internal investigation for the audit committee of a public company prompted by a whistleblower complaint, and represented the company in Securities & Exchange Commission inquiries
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Represented a mutual fund in market timing investigation conducted by the New York Attorney General, the Securities & Exchange Commission, and other regulators
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Conducted a due diligence investigation regarding Foreign Corrupt Practices Act concerns in connection with the purchase of a United States company
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Represented a client in several class actions involving claims of antitrust and consumer protection, and handled the related state Attorney General investigation
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Conducted an internal investigation regarding certain sales and marketing practices
Mr. Stern has been on the faculty of Boston College Law School and, most recently, Harvard Law School, where he taught the Government Lawyer course.
Mr. Stern received his J.D. from Georgetown University Law Center in 1969; his LL.M. from the University of Pennsylvania in 1972; and his B.A. from Hobart College in 1966. He received an honorary LL.D. from the New England School of Law in 1997.
He has been recognized in Massachusetts Super Lawyers, 2008 edition, as well as the 2009 and 2010 edition of Best Lawyers. In addition, he has been named in various Who's Who directories.
Mr. Stern is a member of the Boston Bar Association, Massachusetts Bar Association, American Bar Association and the National Association of Former U.S. Attorneys, and is admitted to practice in Massachusetts, as well as the U.S. District Court for the District of Massachusetts; the U.S. District Court for the District of New Hampshire; the U.S. Court of Appeals for the First Circuit; and the U.S. Supreme Court.
Education- University of Pennsylvania Law School
LLM, 1973 - Georgetown University Law Center
JD, 1969 - Hobart College
BA, 1966
Court Admissions
- U.S. Court of Appeals, First Circuit
- U.S. District Court, District of Massachusetts
- U.S. District Court, District of New Hampshire
- United States Supreme Court
Admissions
Memberships
- American Bar Association
- Boston Bar Association
- Massachusetts Bar Association
- National Association of Former U.S. Attorneys
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