Überblick
Dana McSherry represents clients in healthcare, securities and other government enforcement matters, both civil and criminal. Dana also assists clients in conducting internal investigations and counsels clients across the healthcare industry on compliance and risk management issues.
A significant portion of Dana’s practice is devoted to representing healthcare companies in government investigations and qui tam litigation based on the False Claims Act (FCA) and related statutes, including the Anti-Kickback Statute. She advises clients concerning all aspects of civil and criminal investigations relating to Medicare and Medicaid billing and other government contracting issues, including negotiating with the government and managing clients‘ responses to civil investigative demands and large-scale investigative subpoenas.
Dana also has experience representing individual and hedge fund clients in securities fraud investigations involving insider trading, performance and risk disclosures, revenue recognition and obstruction of justice.
Dana is the hiring partner for the Boston office and also maintains an extensive pro bono practice that has included the successful representation of an individual in a civil rights action in the US District Court for the District of Massachusetts and currently includes the representation of an individual in a criminal Racketeer Influenced and Corrupt Organizations (RICO) matter. She received the 2010 McDermott Will & Emery Award for Outstanding Achievement and Commitment to Pro Bono and Service to the Community.
Ausgewählte Referenzmandate
- Represented a biotechnology company in qui tam suits and concurrent federal and state investigations into alleged off-label promotion and violations of the Anti-Kickback Statute and price reporting regulations
- Represents a biotechnology company in a multistate consumer protection investigation stemming from alleged off-label promotion
- Represents an individual and hedge fund in US Securities and Exchange Commission (SEC) and criminal investigations into issues associated with performance and risk disclosures in marketing materials and obstruction of justice
- Represented an individual in connection with a criminal investigation by the Massachusetts Attorney General’s Office (AGO) arising out of allegations of state-official conflict of interest statute violations, procurement fraud and obstruction of justice; after submission of a detailed white paper on behalf of the client, the AGO declined to pursue charges
- Represented a former employee of a major industrial company in connection with a complex SEC investigation arising out of revenue recognition allegations; after filing a Wells submission on behalf of the client, the SEC declined to pursue charges
- Conducted internal investigations for a major supermarket chain and energy distributor
- Successfully defended a pharmacist charged with RICO, Mail Fraud and Food, Drug and Cosmetics Act Charges; following a two-month trial, the client was acquitted of all charges
Auszeichnungen
- Benchmark Litigation Future Star 2016 – 2020
- Benchmark Litigation Under 40 Hot List 2016 – 2018
- The Legal 500 United States 2018
- Massachusetts Lawyer’s Weekly Top Women in Law 2012
- Super Lawyers Rising Star
Mitgliedschaften
- Boston Bar Association
- Women’s Bar Association
Qualifikation
Education
Boston College Law School, JD, 2004
University of Notre Dame, BA, magna cum laude, 2000
Admissions
Massachusetts
Courts / Agencies
US District Court for the District of Massachusetts
