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Ethan Davis is a litigation and investigations partner in the Special Matters and Government Investigations Practice Group.  He defends executives and companies facing U.S. Justice Department investigations, qui tam litigation, and other litigation under a variety of statutes, including the False Claims Act, the Anti-Kickback Statute, the healthcare fraud laws, the Food, Drug, and Cosmetic Act, the Controlled Substances Act, and the Consumer Product Safety Act.  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 supervised approximately 1,000 lawyers.  In that role, Ethan oversaw the Civil Division’s investigations and litigation under the False Claims Act, the Anti-Kickback Statute, and the other statutes described above, and played a key role in laying the groundwork to combat fraud in the CARES Act’s stimulus programs.

Previously, Ethan served as the Civil Division's Principal Deputy Assistant Attorney General.  Before that, he was 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, including overseeing the Civil Division’s Elder Justice Initiative and the Division’s participation in the DOJ’s National Nursing Home Initiative.  He was also one of the key DOJ leaders in developing policies related to COVID-19 and False Claims Act enforcement strategies to address fraud in the Paycheck Protection Program, the Main Street Lending Program, and the Provider Relief Fund. 

Prior to his government service, Ethan was a partner at King & Spalding.  While in private practice, he has represented a variety of executives and companies facing DOJ investigations and qui tam litigation, including pharmaceutical and medical device companies, suppliers, hospitals, skilled nursing facilities, home health companies, pharmacies, technology companies, and others.  Ethan also counsels clients on developing and improving their compliance programs and policies, and represents them in high-stakes, complex commercial and government-facing litigation.  He has also participated in significant intellectual property matters, as well as cases in the energy sector.  

Ethan is an accomplished litigator who has argued in the U.S. Supreme Court, many other federal and state courts, and who has participated in multiple trials.  He 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

Insights

Article

November 23, 2021
Top False Claims Act Developments

Article · Source: U.S. Chamber Litigation Center

September 23, 2021
Top False Claims Act Developments

Newsletter

August 2, 2021
Health Headlines August 2, 2021

View all

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

Insights

Article

November 23, 2021
Top False Claims Act Developments

Article · Source: U.S. Chamber Litigation Center

September 23, 2021
Top False Claims Act Developments

Newsletter

August 2, 2021
Health Headlines August 2, 2021

View all

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