Steven M Kowal

Practice Areas

Steven M. Kowal concentrates in government investigations and complex criminal and civil litigation, particularly antitrust, cartel and trade regulation, enforcement proceedings initiated by the US Food and Drug Administration against pharmaceutical, medical device and food manufacturers, and healthcare, securities, and business matters. He also conducts internal investigations for major corporations.

Steven has extensive federal trial experience. He has successfully defended numerous companies and individuals in many grand jury investigations and criminal prosecutions. He also has defended and successfully resolved numerous government civil enforcement proceedings relating to antitrust, the FDA and the Federal Trade Commission, and he has defended qui tam whistleblower actions. Several matters have involved complex parallel criminal and civil proceedings.

Steven also has significant appellate experience. He has been responsible for criminal and civil appeals in the United States Courts of Appeals for the District of Columbia and Fourth, Seventh, Eighth and Ninth Circuits, for state appellate courts in Illinois, Michigan and Florida, and for the Illinois Supreme Court.

Professional Memberships

American Bar Association (White Collar Crime Committee; Co-chair, Antitrust Subcommittee, 2007-2008; Section of Antitrust Law; Chair, Criminal Practice and Procedure Committee, 2001-2005; Co-chair, International Cartel Workshop, 2004)

American College of Trial Lawyers (Attorney-Client Relationships Committee 2007-2011)

Chicago Bar Association (Chair, Antitrust Law Committee, 1996)

Organization for Economic Cooperation and Development (Working Group on Information Exchanges in International Cartel Investigations, Business and Industry Advisory Committee)

Food and Drug Law Institute

FDA Enforcement Manual (Editorial Advisory Board)

Publications

Government Enforcement Policy is Beginning to Draw Critical Review, FDLI Update, November/December 2006

The Government Has Added Fuel to the Qui Tam Explosion, FDLI Update, July/August 2006

The Government Seeks to Erode the Ability to Defend, FDLI Update, May/June 2006

Companies Trapped Between a Rock and a Hard Place, FDLI Update, September/October 2006

Enforcement Against Off-label Promotion Requires a Clear Policy Pronouncement, FDLI Update, March/April 2006

Disclosures to Auditors and Privilege Waivers: Another Headache, FDLI Update, January/February 2006

Application of the Attorney-Client Privilege to Former Employees: Less Than You Might Think, FDLI Update, November/December 2005

FDA Can Compel Disclosure Of A Lawyer’s Notes, FDLI Update, September/October 2005

The Government’s Focus Now Includes A Company’s Culture, FDLI Update, May/June 2005

Court Protects Defendant’s Due Process Rights In Criminal Antitrust Case, Washington Legal Foundation Counsel’s Advisory, April 8, 2005

Developments In FDA Criminal Enforcement, FDLI’s 48th Annual Educational Conference, Washington, D.C., April 2005

Fraud and Abuse Investigations: Time For Some Restraint, FDLI Update, March/April 2005

Government Health Care Investigations: Be Prepared For An Ambush Interview, Chicago Hospital News, April 2005

Corporate Deferred Prosecution: Showing Some Concern For The Shareholders, FDLI Update, January/February 2005

Sentencing Turmoil And Corporate Compliance Programs, FDLI Update, November/December 2004

Criminal Antitrust Enforcement: A Global Challenge, Washington Legal Foundation, October 15, 2004

False Statements During An Internal Investigation Can Become A Federal Crime, FDLI Update, September/October 2004

Attorney’s Confidential Communications: The Continued Assault, FDLI Update, July/August 2004

The Risk of Public Comment: FDA’s Coordination with the SEC, FDLI Update, May/June 2004

FDA Criminal Enforcement: Prosecution and Defense Issues, Food and Drug Law Institute’s 47th Annual Educational Conference, Washington, D.C., April 2004

Pharmaceutical Executive or Mafia Kingpin? Charging Decisions Can Reflect Little Difference, FDLI Update, March/April 2004

Developments in the Law Relating to Joint Defense Agreements and Waiver of Attorney-Client Privilege, ABA Section of Antitrust Law, International Cartel Workshop, New York, February 2004

Charging Decisions: Will the Government Overplay its Hand, FDLI Update, January/February 2004

Education