People

With deep experience both in government and the private sector, Ethan Davis is an accomplished litigator who focuses on government investigations, compliance counseling and complex litigation. Until September 2020, Ethan served as the Acting Assistant Attorney General for the U.S. Department of Justice’s Civil Division, the Department’s largest litigating division, where he oversaw about 1,000 lawyers. In that role, Ethan supervised the DOJ’s investigations and litigation under the False Claims Act, and played a key role in laying the groundwork to combat fraud in the CARES Act’s stimulus programs. Prior to his government service, Ethan was a litigation partner at King & Spalding, where he helped companies in the life sciences, healthcare, technology, and energy sectors navigate government investigations and represented them in complex, high-stakes commercial and government-facing litigation. Ethan has extensive experience in qui tam litigation under the False Claims Act. 

Ethan counsels clients on developing and improving their compliance programs and policies. In addition, Ethan represents companies in complex litigation, including commercial disputes and cases against the government. He is a former Supreme Court clerk who has argued in the U.S. Supreme Court, many other federal and state courts, and has participated in multiple trials. Ethan has significant experience in the life sciences and healthcare sectors. 

In addition to serving as the Civil Division’s Acting Assistant Attorney General and Principal Deputy Assistant Attorney General, Ethan also served as the Deputy Assistant Attorney General in charge of the Consumer Protection Branch, which enforces the Food, Drug, and Cosmetic Act. During his time at DOJ, Ethan served on the Deputy Attorney General’s corporate enforcement working group and led the Civil Division’s fight against the opioid crisis and elder fraud. He was also one of the key DOJ leaders in developing policies related to COVID-19 and enforcement strategies to address fraud in the CARES Act’s stimulus programs, including the Paycheck Protection Program, the Main Street Credit Facility, and the Provider Relief Fund. 

During his time as a litigation partner at King & Spalding, he litigated civil and criminal cases involving the False Claims Act, the Anti-Kickback Statute, off-label promotion of medical devices, and Medicare payment rates to hospitals. He also participated in significant intellectual property matters, as well as cases in the energy sector. 

Ethan clerked for Judge Diarmuid F. O’Scannlain on the Ninth Circuit, and Justice Neil M. Gorsuch on the U.S. Supreme Court.

Full Bio

Credentials

J.D., Yale Law School

B.A., Amherst College, summa cum laude

California

District of Columbia

New York

Supreme Court of the United States

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. District Court for the District of Columbia

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

U.S. District Court for the Southern District of New York

Law Clerk, Justice Neil M. Gorsuch, Supreme Court of the United States

Law Clerk, Diarmuid F. O'Scannlain, U.S. Court of Appeals for the Ninth Circuit

King & Spalding Pro Bono Service Award


2013, 2014, 2015

Attorney General’s Award for Exceptional Service


2013

Adjunct Professor of the Year – Awarded by the Students of American University Washington College of Law


2013

Special Commendation for Outstanding Service in the Civil Division of the U.S. Department of Justice


2010, 2012

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Recognition

King & Spalding Pro Bono Service Award


2013, 2014, 2015

Attorney General’s Award for Exceptional Service


2013

Adjunct Professor of the Year – Awarded by the Students of American University Washington College of Law


2013

Special Commendation for Outstanding Service in the Civil Division of the U.S. Department of Justice


2010, 2012

Matters

Various companies in connection with government investigations under the False Claims Act, off-label promotion, and the Anti-Kickback Statute

A group of hospitals in a successful challenge to the Centers for Medicare and Medicaid Services’ efforts to reduce inpatient payment rates

Omnicare, Inc. in successfully obtaining dismissal of a False Claims Act action in the Southern District of New York concerning Medicare Part D dispensing fees and Anti-Kickback Statute allegations regarding generic drug rebates

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Matters

Various companies in connection with government investigations under the False Claims Act, off-label promotion, and the Anti-Kickback Statute

A group of hospitals in a successful challenge to the Centers for Medicare and Medicaid Services’ efforts to reduce inpatient payment rates

Omnicare, Inc. in successfully obtaining dismissal of a False Claims Act action in the Southern District of New York concerning Medicare Part D dispensing fees and Anti-Kickback Statute allegations regarding generic drug rebates

Vascular Solutions in obtaining a complete acquittal in a criminal prosecution for alleged off-label promotion

GlaxoSmithKline in various state-court actions claiming personal injury and death caused by the prescription drug Paxil

Pandora Media, Inc. in a successful appeal to the Second Circuit concerning payment rates to the American Society of Composers, Authors, and Publishers

Google, Inc. in a matter concerning the copyrightability of software interfaces

The petitioner in Ocasio v. United States, a U.S. Supreme Court case raising significant questions concerning conspiracy law and Hobbs Act extortion

Matters

Various companies in connection with government investigations under the False Claims Act, off-label promotion, and the Anti-Kickback Statute

A group of hospitals in a successful challenge to the Centers for Medicare and Medicaid Services’ efforts to reduce inpatient payment rates

Omnicare, Inc. in successfully obtaining dismissal of a False Claims Act action in the Southern District of New York concerning Medicare Part D dispensing fees and Anti-Kickback Statute allegations regarding generic drug rebates

See more
Icon close

Close

Matters

Various companies in connection with government investigations under the False Claims Act, off-label promotion, and the Anti-Kickback Statute

A group of hospitals in a successful challenge to the Centers for Medicare and Medicaid Services’ efforts to reduce inpatient payment rates

Omnicare, Inc. in successfully obtaining dismissal of a False Claims Act action in the Southern District of New York concerning Medicare Part D dispensing fees and Anti-Kickback Statute allegations regarding generic drug rebates

Vascular Solutions in obtaining a complete acquittal in a criminal prosecution for alleged off-label promotion

GlaxoSmithKline in various state-court actions claiming personal injury and death caused by the prescription drug Paxil

Pandora Media, Inc. in a successful appeal to the Second Circuit concerning payment rates to the American Society of Composers, Authors, and Publishers

Google, Inc. in a matter concerning the copyrightability of software interfaces

The petitioner in Ocasio v. United States, a U.S. Supreme Court case raising significant questions concerning conspiracy law and Hobbs Act extortion

Credentials

J.D., Yale Law School

B.A., Amherst College, summa cum laude

California

District of Columbia

New York

Supreme Court of the United States

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. District Court for the District of Columbia

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

U.S. District Court for the Southern District of New York

Law Clerk, Justice Neil M. Gorsuch, Supreme Court of the United States

Law Clerk, Diarmuid F. O'Scannlain, U.S. Court of Appeals for the Ninth Circuit

King & Spalding Pro Bono Service Award


2013, 2014, 2015

Attorney General’s Award for Exceptional Service


2013

Adjunct Professor of the Year – Awarded by the Students of American University Washington College of Law


2013

Special Commendation for Outstanding Service in the Civil Division of the U.S. Department of Justice


2010, 2012

Icon close

Close

Recognition

King & Spalding Pro Bono Service Award


2013, 2014, 2015

Attorney General’s Award for Exceptional Service


2013

Adjunct Professor of the Year – Awarded by the Students of American University Washington College of Law


2013

Special Commendation for Outstanding Service in the Civil Division of the U.S. Department of Justice


2010, 2012