Joseph B. Hernandez

Overview

Joe is a seasoned trial lawyer who focuses his practice on complex business litigation, white-collar defense, and other high-stakes disputes. He represents clients in state and federal courts across a range of industries, including healthcare, financial services, and construction. With experience managing matters from inception through trial, Joe handles all aspects of litigation, including depositions, dispositive motion practice, expert development, and trial strategy. He has served as first chair in multiple trials and has extensive experience working with experts in complex areas, including forensic accounting, building engineering, and environmental sciences.

Before joining the firm, Joe practiced at law firms in Massachusetts and Virginia, focusing on civil litigation and white-collar defense. While practicing in Virginia, he handled cases in the U.S. District Court for the Eastern District of Virginia, famously known as the “Rocket Docket.” Initially after law school, Joe served as a fellow with the Maryland Office of the Public Defender. He also served on the investigation team for the National Commission on the BP Deepwater Horizon Oil Spill, where he contributed to the review of one of the nation’s largest environmental disasters.

A Yale graduate and former First-Team All-Ivy League golfer, Joseph continues to compete in amateur tournaments and enjoys coaching his son’s little league team.

Experience

White-Collar/Criminal Defense

• Secured a global resolution for a client involving a state plea agreement together with a federal non-prosecution agreement involving a multi-national fraud and drug scheme
• Secured an amended judgment of a criminal restitution order for a corporate victim worth approximately $850,000
• Represented healthcare providers and organizations in response to federal and state investigations implicating liability under the False Claims Act, Anti-Kickback Statute, Stark Law, False Statement, and Mail/Wire Fraud statutes
• Advised individuals and organizations in connection with federal investigations, including witness proffers and grand jury testimony
• Represented the wife of a convicted physician in a federal petition to protect her interest in a marital home
• Secured favorable resolution for a former broker-dealer and its owner in connection with a state securities investigation
• Represented a sale representative of a pharma company subject to a qui tam civil action and DOJ investigation
• Represented a respondent in a multi-week securities fraud arbitration
• Negotiated and persuaded federal and state prosecutors to decline or reduce charges targeting individuals and entities
• Managed internal investigations, including directing internal interviews with key witnesses, involving potential criminal fraud, financial impropriety, breach of contract, and employee misconduct
• Wrote a comprehensive report for a client detailing risks and compliance measure in response to Trump administration Executive Orders pertaining to DEI policies and programs

Commercial and Construction Litigation

• Succeeded in securing an ex parte trustee process after obtaining a default judgment for a private medical practice
• Secured a favorable settlement for a senior corporate executive wrongfully accused of workplace misconduct
• Achieved favorable outcomes in cases involving variety of subjects with allegations of fraud, tortious business conduct, and self-dealing through targeted discovery and strategic planning
• Defended businesses and executives in connection with state consumer protection claims, including securing dismissal or early resolution
• Managed cases involving claims of construction defects, delay damages, and contractor negligence in residential and commercial construction settings
• Represented a developer and its owner against claims of violation of the Massachusetts Condo Act, breach of fiduciary duty, and breach of warranty
• Co-Lead local counsel for a class-action matter in the U.S. District Court for the Eastern District of Virginia for a community impacted by fugitive dust from a papermill plant; class certified and case settled
• Assisted with the representation of the bellwether case of Federico v. Lincoln Military Housing, a case of first impression presenting evidence linking brain injuries to toxic mold exposure; achieved a favorable plaintiffs’ verdict and then settled approximately 12 related cases through mediation

Associations & Memberships

• Board of Advisors, Museum of Science
• Board of Directors, Charlestown Little League Association