Byung J. “BJay” Pak

Bjay PakByung J. “BJay” Pak
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bpak@cpblawgroup.com
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T: 678-582-8902
F: 678-582-8912

 

BJay Pak is a highly accomplished trial lawyer and litigator, a former federal prosecutor, and a state legislator. Mr. Pak primarily focuses on representing clients facing critical situations such as high stakes litigation of all kinds, civil and criminal investigations, and confidential information leaks.

He has experience working with nearly every major agency of the federal government including the:

  • Federal Bureau of Investigations
  • Internal Revenue Service
  • Department of Homeland Security
  • Office of Inspector General of the U.S. Department of Health & Human Services
  • US Department of Justice

From his former role as a policy maker, Mr. Pak has gained valuable insights into all areas of government and uses his unique combination of knowledge and experience to assist his clients in developing an appropriate strategy to minimize potential liability and, if necessary, aggressively battle the government at trial.

Previously, Mr. Pak was an equity partner at another American Lawyer 100 firm, and also served as a federal prosecutor with the U.S. Attorney’s Office, Northern District of Georgia for approximately six years, where he handled cases ranging from securities fraud, computer intrusion, healthcare fraud, financial fraud, Bank Secrecy Act and money laundering, export control violations (EAA, AECA/ITAR, TWEA, and IEEPA), and government contracting fraud.

During his time as an Assistant U.S. Attorney, he was the lead prosecutor in a corporate espionage case involving a conspiracy to steal and sell The Coca Cola Company’s valuable trade secrets to Pepsi Co.  After supervising the FBI undercover investigation, Mr. Pak took the case to trial and secured a conviction of all defendants.  The case received worldwide media attention and was featured on MSNBC in an episode titled: “Corporate Greed: Secrets for Sale.”  As a result, Mr. Pak often advises corporate victims whose trade secrets have been stolen.

For his litigation and trial skills, Mr. Pak is listed in the highly selective and peer reviewed Chambers USA: America’s Leading Lawyers for Business and is recognized as a Georgia “Super Lawyer” by Atlanta Magazine, as well as a “Legal Elite” by Georgia Trend Magazine.  Mr. Pak is a Certified Public Accountant (Registered in Illinois), and served a judicial clerkship with the Honorable Richard Mills, of the U.S. District Court for the Central District of Illinois, from 1998-2000.

Education

  • University of Illinois College of Law
    Urbana-Champaign, IL
    Juris Doctor, 1998
    Summa Cum Laude
  • Stetson University
    Deland, FL
    Bachelor of Business Administration. 1995

Practice Areas

  • Litigation
  • Appellate
  • White Collar Defense/Internal Investigations
  • Intellectual Property

Court Admissions

  • Georgia (All Courts)
  • Supreme Court of the United States
  • S. Court of Appeals for the Third Circuit
  • S. Court of Appeals for the Seventh Circuit
  • S. Court of Appeals for the Eighth Circuit
  • S. Court of Appeals for the Eleventh Circuit
  • S. District Court for the Northern District of Georgia
  • S. District Court for the Middle District of Georgia
  • S. District Court for the Central District of Illinois

Public Service Positions

  • State Representative (R-Dist. 108), Georgia House of Representatives (2011-2017)
    • Deputy Majority Whip
    • Judiciary Non-Civil (Criminal) Committee, Vice Chair
    • Code Revision Committee, Secretary
    • Ways & Means Committee, member
    • Health & Human Services Committee, member
  • National Conference of State Legislators (NCSL), Law and Criminal Justice Standing Committee (2013-2014)
  • Georgia Public Defender Standards Council Legislative Oversight Committee (2013-2014)
  • Republican National Committee – Asian American Advisory Council
  • Republican State Leadership Committee, 2014 Future Majority Caucus (FMC) Advisory Board member

Professional Organizations

  • The Federalist Society, Board Member, Atlanta Chapter
  • Republican National Lawyers Association, Advisory Council;
  • American Bar Association
    • White Collar Crime Committee
    • Section of Litigation
  • Federal Bar Association, False Claims Act Section, founding member and Vice Chair
  • Civil Legal Services Task Force of the State Bar of Georgia, former member
  • Clients’ Security Fund of the State Bar of Georgia, Former Chair of the fund’s Board of Trustees
  • National Asian Pacific American Bar Association,Government Enforcement and Compliance Committee, founding member and former Co-Chair
  • Georgia Asian Pacific American Bar Association, past board member
  • International Association of Korean Lawyers
  • Atlanta Bar Association
    • Past member of the Editorial Board for The Atlanta Lawyer;
    • Atlanta Bar Foundation Charity Musical, Past Performer, Associate Producer, Executive Board member, “A Courthouse Line” series.

Selected Publications

  • Co-author, “Who Is a ‘Foreign Official’ under the FCPA? Eleventh Circuit Weighs In,” Ballard Spahr alert, May 20, 2014
  • Co-author, “Companies Have a Friend in Economic Espionage Act,” Ballard Spahr alert, March 24, 2014
  • Co-author, “Georgia’s Open Records Act Undergoes Major Update,” Ballard Spahr alert, April 23, 2012
  • Co-author, “Georgia’s New Garnishment Law Relaxes Filing Rule But Poses Risks,” Ballard Spahr alert, March 14, 2012

Selected Speaking Engagements

  • Speaker, “When the Government Comes Knocking: Responding to Government Investigations,” Corporate Counsel Institute, December 2016
  • Speaker, “Trial and Error,” Institute of Continuing Legal Education, March 2014
  • Speaker, “How to Avoid Lawsuits from Employees, and Labor Union Issues,” Korean Chamber of Commerce and Industry Seminar, December 2013
  • Panelist, “Advanced Trial Advocacy: Voir Dire and Jury Selection,” NAPABA Annual Meeting, November 2012
  • “Corporate Structures under Georgia Law,” Korean International Trading Association’s U.S. Foreign Direct Investment Seminar, October 2012
  • Panelist, “Shareholder Disputes in Privately Held U.S. Corporations,” International Association of Korean Lawyers Annual Meeting, September 2012
  • Moderator, “White Collar Risks In the Current Environment,” American Bar Association, Section of Litigation Annual Meeting, March 2009
  • Panelist, “Internal Investigations,” Atlanta Bar Association, September 2008
  • “Theft of Trade Secrets: Lessons Learned From the Coke Theft of Trade Secret Case,” Corporate Counsel’s Institute Annual CLE, December 2007
  • Keynote Speaker, Asian American Journalists Association Scholarship Dinner, November 2007
  • “Attorney-Client Privilege Waiver Requests in White Collar Investigations,” Health Care Coordinators Association Annual Conference, February 2007

Recent Representative Matters

  • Currently representing several hospital chief executive officers and chief financial officers in connection with a large Medicaid fraud investigation by the Department of Health and Human Services;
  • As lead trial attorney, obtained a complete dismissal of charges against a former CEO of a technology company charged with criminal tax law violations;
  • As co-lead trial attorney for a publicly-traded Asset Management Company, obtained a very favorable settlement on behalf of the client in connection with a $122 Million Dollar Fraudulent Transfer suit against a major real estate developer;
  • As the lead attorney for a special task force of a national organization of mayors, conducted an internal investigation into misconduct of the organization’s former executive director;
  • As lead trial attorney for a multimillion-dollar medical practice in connection with a criminal and civil health care fraud investigation by the U.S. Attorney’s Office, Internal Revenue Service, Department of Health and Human Services, and Office of the Inspector General, obtained a hung jury at trial;
  • As co-lead attorney for a special litigation committee of a Fortune 500 company, conducted an internal investigation in connection with a derivative action filed against the company’s officers and directors;
  • As lead trial attorney for the North American marketing director of a multibillion-dollar pharmaceutical company, negotiated immunity for the client in connection with a multi-agency criminal/civil investigation of alleged off-label promotion practices of the company.

Honors and Awards

  • Chambers USA: America’s Leading Lawyers for Business (2014-17);
  • Georgia Super Lawyer, Atlanta Magazine (2014-17);
  • Legal Elite: Georgia Trend Magazine (2017);
  • Life Time Achievement Award, Asian Americans Advancing Justice (2016)
  • Appointed by Chief District Court Judge Thomas Thrash of the U.S. District Court for the Northern District of Georgia to serve on the U.S. Magistrate Judge Merit Selection Panel (2016);
  • “Most Influential Legislators,” James Magazine (2014);
  • Guardian of Small Business” Award, National Federation of Independent Businesses (2014);
  • Named as a “Rising Star” by the Republican National Committee (2014);
  • Named as a Georgia Republican “Rising Star” by Chuck Todd, a political commentator for The Daily Rundown, MSNBC (2014);
  • “Best and the Brightest” under the age of 40, Georgia Trend Magazine (2013);
  • Appointed by Georgia Governor Nathan Deal to serve on the Judicial Nominating Commission for the State of Georgia (2013-2016);
  • Appointed by Justices of the Georgia Supreme Court to serve on Georgia’s Commission on Interpreters (2016);
  • “Role Model of the Year,” News and Post (2013);
  • Distinguished Alumnus Award, University of Illinois College of Law (2013);
  • “Best Lawyers Under 40,” National Asian Pacific American Bar Assoc. (2011);
  • “On the Rise – 13 Georgia Lawyers Under 40 to Watch,” The Fulton County Daily Report (2011);
  • 25 Most Influential Asian Americans in Georgia, Georgia Asian Times (2012);
  • Crime Victims’ Rights Award (2007);
  • Organized Crime Drug Enforcement Task Force Case of the Year Recognition Award (2006);
  • Who’s Who in Asian American Communities (2006);
  • Graduate of Leadership Georgia’s 2014 class;
  • 2013 Graduate of the Emerging Leaders Program at Darden Business School, University of Virginia;
  • Selected as a member of Leadership Atlanta class of 2017.