Mark A.
Jensen

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, pricing 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 and resolving successfully the largest U.S. False Claims Act matter involving a medical device and kickback allegations.

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.