People
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.
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
March 13, 2022
Ethan Davis explains how the pandemic has shifted the federal approach to fraud investigations and offers his predictions for this year
March 7, 2022
Ethan Davis comments on the upcoming Supreme Court nominee’s influence on criminal law
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
May 16, 2022
Cooperation Credit and Attorney-Client Privilege: The Implications of Coburn
April 28, 2022
Top False Claims Act Developments
April 25, 2022
COVID-19 Health Care Fraud Enforcement on the Rise: What’s Ahead for the Life Sciences & Healthcare Industries
March 13, 2022
Ethan Davis explains how the pandemic has shifted the federal approach to fraud investigations and offers his predictions for this year
March 7, 2022
Ethan Davis comments on the upcoming Supreme Court nominee’s influence on criminal law
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
May 16, 2022
Cooperation Credit and Attorney-Client Privilege: The Implications of Coburn
April 28, 2022
Top False Claims Act Developments
April 25, 2022
COVID-19 Health Care Fraud Enforcement on the Rise: What’s Ahead for the Life Sciences & Healthcare Industries
March 13, 2022
Ethan Davis explains how the pandemic has shifted the federal approach to fraud investigations and offers his predictions for this year
March 7, 2022
Ethan Davis comments on the upcoming Supreme Court nominee’s influence on criminal law
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