Mark Jensen is a partner in the Special Matters and Government Investigations team in King & Spalding’s Washington, D.C., office. Mr. Jensen’s practice focuses primarily on white collar criminal litigation, complex civil litigation, internal investigations and compliance counseling. His experience includes litigating criminal and civil cases at the trial and appellate levels, as well as defending individuals and companies in prosecutions and investigations by U.S. Attorneys’ Offices, multiple divisions of the Department of Justice, the SEC, FDA, EPA, NOAA and Congress. He also is an expert at conducting internal reviews and assessments for both government and private sector clients.
Mr. Jensen’s litigation experience spans an array of subject matters, such as pharmaceutical, biotechnology, medical device and healthcare criminal and civil investigations, including False Claims Act litigation, matters related to the Foreign Corrupt Practices Act, tax and accounting-related fraud, environmental and wildlife prosecutions, and federal contracting and procurement fraud.
Mr. Jensen has been elected by his partners to King & Spalding’s Policy Committee, the firm’s management committee, for a three-year term, and has served in numerous other leadership positions within the firm. He currently is Deputy Managing Partner and formerly was the Hiring Partner for the Washington, D.C., office.
In 2011, publisher Law360 selected Mr. Jensen as one of five white collar lawyers in the U.S. to watch, describing him as “one of the most sought-after corporate defenders in the country.” Mr. Jensen repeatedly has been recommended by Legal 500: U.S. Guide in its annual publication, which described him as “brilliant and creative” with “an excellent track record,” who has “quickly made a name for himself as an extremely accomplished lawyer.” He also has been selected as a “Life Sciences Star” for government enforcement/investigations in the LMG Life Sciences annual guide.
The following is a sample of matters on which Mr. Jensen has worked:
- Represented a variety of life sciences and health care companies, as well as individual employees, officers, consultants and medical professionals, in criminal and civil litigation by multiple U.S. Attorneys Offices, DOJ, HHS-OIG, qui tam Relators, State Attorneys General and national Medicaid fraud control units, regarding alleged “off-label” promotion, unlawful inducements, and other sales, marketing and development activities. He has successfully represented a variety of clients in these investigations, including prevailing on motions to dismiss False Claims Act lawsuits in federal district court.
- Represented Janssen Pharmaceuticals, Johnson & Johnson, and related companies in a 2013 global resolution of multiple DOJ investigations, including the negotiation and settlement of False Claims Act, Food, Drug & Cosmetic Act and related allegations. The False Claims Act component of the resolution included seven qui tam complaints venued in the E.D.Pa., D.Mass. and N.D.Ca. Also led the related resolution of administrative claims by HHS-OIG through the company’s Corporate Integrity Agreement. In parallel state litigation, led the resolution of multi-state and individual state consumer protection claims and lawsuits, as well as state claims alleged by Medicaid Fraud Control Units and similar Attorneys General and state representatives.
- Represented Coach Joe Paterno and his Estate and Family in matters pertaining to the NCAA and Pennsylvania State University.
- Represented a Special Committee of independent directors of a major company in criminal and civil accounting-related investigations by a U.S. Attorney’s Office and the SEC.
- Represented successfully an officer in a Foreign Corrupt Practices Act criminal investigation; also counseled a major company in FCPA matters in connection with a potential acquisition.
- Along with Judge Griffin Bell and his partner Wick Sollers, Mr. Jensen led publicly disclosed internal investigations into the FBI’s Office of Professional Responsibility (OPR) at FBI Director Mueller’s request.
- Represented individual targets in an EPA and Department of Justice RCRA and Clean Water Act grand jury investigation in Montana, resulting in a declination of all criminal charges.
- Represented a Fortune 100 company in a DOJ criminal investigation of its environmental practices, resulting in a full declination by the U.S. Attorney’s Office in Maine.
- Represented successfully over twenty managerial and sales employees in a federal grand jury investigation in San Francisco regarding Genentech’s marketing and promotional practices.
- Counseled bond underwriters, hedge funds and other equity interests regarding a variety of compliance matters involving existing and potential investments.
- Represented the Audit Committee of a major publicly-traded company in a criminal investigation by DOJ and the U.S. Attorney’s Office in Philadelphia into drug pricing and accounting practices. A favorable civil resolution was obtained from DOJ after a full investigation and negotiations with multiple government agencies.
- Represented in Virginia state court a regional manager of a recycling facility accused of health and safety violations, resulting in a full dismissal at trial.
- Represented an individual defendant in the then-largest ever international antitrust conspiracy trial, including authoring a prevailing appellate brief against the New York Times and Dow Jones regarding a First Amendment issue before the Seventh Circuit Court of Appeals in Chicago.
- Represented a company in a criminal investigation of alleged illegal seafood importation under the Lacey Act.
- Represented multiple companies and individuals in criminal investigations regarding government contracting fraud and tax evasion.
- Counseled companies in developing, reviewing, or enhancing their corporate compliance programs pursuant to the U.S. Sentencing Commission Guidelines, OIG Guidelines, and various industry ethics guidance, such as the PhRMA and AdvaMed Codes.
- Advised multiple clients on forensic and electronic discovery matters, including Electronically Stored Information practices, document retention policies, restoration of backup tapes and forensic data mining.
Mr. Jensen completed a two-year federal clerkship with the Honorable Sarah Evans Barker, then-Chief Judge of the United States District Court for the Southern District of Indiana, where he assisted in criminal and civil trials and drafted judicial opinions and jury instructions regarding such matters as kidnapping, the False Claims Act and Title VII.
Mr. Jensen received his Juris Doctorate from Harvard Law School, cum laude,and his undergraduate degree at Indiana University, summa cum laude. He is a member of the District of Columbia Bar and the State Bar of Illinois, and is admitted to practice in various federal and state courts, including the District of Columbia Court of Appeals, United States Court of Appeals for the Seventh Circuit, the United States District Courts of the Southern District of Indiana & the Northern District of Illinois and the Illinois Supreme Court.