Dana McSherry represents clients in health care, securities and other government enforcement matters, both civil and criminal. Dana also assists clients in conducting internal investigations and counsels clients across the health care industry on compliance and risk management issues.
A significant portion of Dana’s practice is devoted to representing health care 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.
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
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