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.

Mark Jensen is Co-Chair of the firm-wide Special Matters and Government Investigations practice group and Managing Partner of King & Spalding’s Washington, D.C. office. He focuses on high-profile investigations, white-collar litigation for companies and individuals, False Claims Act civil litigation, regulatory enforcement actions, internal reviews and compliance counseling. Mark’s practice has been nationally acclaimed, and he 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.  Law360 has described him as “one of the most sought-after corporate defenders in the country” and the Legal 500 as “an extremely accomplished lawyer.”  Clients selected him for the prestigious BTI Client Service All-Stars Award, commending his judgment, “practical approach” and knowing “what to fight for.”  He also has been ranked by The Best Lawyers in America 2025 and named a 2025 Lawdragon 500 Leading Litigator in America.

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, laboratory testing and medical devices; Foreign Corrupt Practices Act matters; tax and accounting-related fraud; environmental and wildlife prosecutions; and federal contracting and procurement fraud.

In addition to his current roles, Mark has served in numerous other firm leadership roles. Elected by his partners to the firm’s managing Policy Committee, he also has served on the firm-wide Lateral Partner Committee and the Performance Management and Compensation Committee.  He also served as Lateral Partner Hiring Lead for the firm-wide Government Matters Practice Group, and previously was the Hiring Partner and Deputy Managing Partner for the D.C. office.

Legal 500 U.S. has recommended Mark for white-collar criminal defense over multiple years, describing him as “brilliant and creative” with “an excellent track record.”  Benchmark Litigation recognized him as a “Litigation Star” in multiple editions.  LMG Life Sciences also has named Mark a Life Sciences Star for White Collar/Government Investigations regularly, including shortlisting him multiple times as one of six lawyers nationwide for Government Investigations Attorney of the Year.