People

Mark Jensen focuses mainly on white-collar criminal litigation and regulatory enforcement actions, complex civil litigation, internal investigations and compliance counseling. As a partner in our Special Matters and Investigations practice, Mark has been widely recognized for the positive results he obtains for an array of clients in criminal and civil cases, including governmental investigations, prosecutions and False Claims Act civil litigation.

Mark defends leading companies and senior executives in litigation in federal and state courts, as well as in prosecutions and investigations by U.S. Attorneys, multiple divisions of the U.S. Department of Justice, the Securities and Exchange Commission, Food and Drug Administration, Environmental Protection Agency, National Oceanic and Atmospheric Administration, and Congress.

Mark's litigation experience includes criminal and civil issues relating to pharmaceuticals; biotechnology and medical devices; Federal Corrupt Practices Act matters; tax and accounting-related fraud; environmental and wildlife prosecutions; and federal contracting and procurement fraud.

Elected a member of our managing Policy Committee, Mark also has served in numerous firm leadership roles. He is currently Deputy Managing Partner for our Washington, D.C. office, serves on the firm-wide Lateral Partner Committee and Performance Management and Compensation Committee, and previously served as a Hiring Partner.

Legal 500 U.S. recommended Mark for white-collar criminal defense in 2016 and in past years, describing him as “brilliant and creative” with “an excellent track record,” who has “quickly made a name for himself as an extremely accomplished lawyer,” and he has been recognized as a 2016 and 2017 Litigation Star by Benchmark Litigation.  LMG Life Sciences named Mark a 2016 Life Sciences Star for non-IP litigation and enforcement. And in 2011, Law360 selected Mark as one of five white-collar lawyers to watch in the U.S., describing him as “one of the most sought-after corporate defenders in the country.”

Full Bio

Credentials

B.A., Indiana University, summa cum laude, Phi Beta Kappa

J.D., Harvard University, cum laude

U.S. Court of Appeals for the Seventh Circuit

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of Indiana

District of Columbia

Illinois

Law Clerk, Hon. Sarah Evans Barker, U.S. District Court for the Southern District of Indiana

White-Collar Criminal Defense


Legal 500 U.S., 2016 and previous years

“Quickly Made a Name for Himself as an Extremely Accomplished Lawyer”...“An Excellent Track Record”...“Creative”


Legal 500 U.S.

Litigation Star


Benchmark Litigation,2016, 2017

2016 Life Sciences Star: Non-IP Litigation and Enforcement


LMG Life Sciences

“One of Five U.S. White-Collar Lawyers to Watch”


Law360, 2011

“One of the Most Sought-After Corporate Defenders in the Country”


Law360, 2011

Matters

Represented a variety of life science 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. 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.

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Matters

Represented a variety of life science 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. 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 King & Spalding partner Wick Sollers, 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 DOJ 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 20 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.

Matters

Represented a variety of life science 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. 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.

See more
Icon close

Close

Matters

Represented a variety of life science 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. 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 King & Spalding partner Wick Sollers, 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 DOJ 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 20 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.

Credentials

B.A., Indiana University, summa cum laude, Phi Beta Kappa

J.D., Harvard University, cum laude

U.S. Court of Appeals for the Seventh Circuit

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of Indiana

District of Columbia

Illinois

Law Clerk, Hon. Sarah Evans Barker, U.S. District Court for the Southern District of Indiana

White-Collar Criminal Defense


Legal 500 U.S., 2016 and previous years

“Quickly Made a Name for Himself as an Extremely Accomplished Lawyer”...“An Excellent Track Record”...“Creative”


Legal 500 U.S.

Litigation Star


Benchmark Litigation,2016, 2017

2016 Life Sciences Star: Non-IP Litigation and Enforcement


LMG Life Sciences

“One of Five U.S. White-Collar Lawyers to Watch”


Law360, 2011

“One of the Most Sought-After Corporate Defenders in the Country”


Law360, 2011