Emily F. Hodge

Emily Hodge has significant experience representing individuals and life sciences companies in government and internal investigations and providing compliance advice to companies that are navigating a challenging and nuanced enforcement environment. She is viewed by clients as a pragmatic thinker who applies her experience and knowledge to help them reduce their risk of enforcement actions.

Her analytical skills, knowledge of the industry, relationships with government representatives, and leadership make her a valued contributor in complex investigations and a trusted advisor in times of critical decision-making for her clients. Emily is committed to public interest work. She chairs Choate’s collaboration with the Lawyers Clearinghouse, in which the firm conducts legal clinics at local homeless shelters. In June 2009, the Lawyers Clearinghouse awarded Emily its Pro Bono Award, and the Lawyers Clearinghouse Newsletter has featured her in its “Pro Bono Spotlight.”

Early in her career, Emily served as a Special Assistant District Attorney in Suffolk County at the Boston Municipal Court, where she gained considerable criminal trial experience.

Recognition

  • Massachusetts Super Lawyers
  • Boston Business Journal 40 Under 40 emerging business leaders (2017)
  • Up & Coming honoree by Mass Lawyers Weekly (2016)

Representative Engagements

  • Defense of major pharmaceutical and medical device companies and individual executives in federal and state investigations into sales and marketing practices.
  • Advise life sciences companies regarding patient services, patient assistance, and clinical nurse educator compliance measures, including roles, policies and practices, and defend companies in government investigations regarding these programs.
  • Represent life sciences companies in settlement negotiations with federal and state authorities, including negotiation and implementation of Corporate Integrity Agreements.
  • Advise multi-national pharmaceutical companies regarding competitor activity compliance analyses and response strategies.
  • Advise pre-commercial pharmaceutical companies regarding compliance program structure, including policies and procedures.
  • Represent medical device manufacturer in internal investigations of alleged employee misconduct.
  • Represent multi-national life sciences companies in internal investigations of alleged compliance violations asserted by whistleblowers.
  • Defense of pharmaceutical manufacturers and health insurance company in qui tam actions.
  • Represent individuals in healthcare fraud investigations, SEC investigations, and related criminal and civil cases.
  • Advise clients regarding FCPA compliance measures.
  • Represent global financial institution in federal anti-money laundering investigation.
  • Defense of companies and individuals involved in export violation investigations.
  • Represent individuals in Board of Bar Overseers disciplinary proceedings.
  • Assist pro bono clients in obtaining Social Security disability benefits in hearings before Administrative Law Judges, defending against food stamp disqualification allegations, understanding and sealing CORI records, and obtaining and maintaining housing.

Publications and Presentations

  • “Prosecution and Enforcement Actions Update,” panelist, 24th Annual Pharmaceutical and Medical Device Ethics and Compliance Congress, October 2023.
  • “Prosecutor Perspectives: Focal Points, Top Enforcement Trends and Priorities for Specialty Pharma and Biotech Companies in 2023,” moderator, Informa Connect Compliance Congress For Specialty Products, September 2023.
  • “Keynote Enforcement Panel,” moderator, Pharmaceutical Compliance Congress, April 2023.
  • “Recent Federal and State Enforcement Activities for the Pharma and Medical Device Industries,” panelist, 23rd Annual Pharmaceutical and Medical Device Ethics and Compliance Congress, October 2022.
  • “Optimize and Mitigate Risk Within Patient Interactions and Support Programs,” moderator, Informa Connect Compliance Congress For Specialty Products, September 2022.
  • “Compliance Considerations for Rare Disease Products,” moderator, Pharmaceutical Compliance Forum Pharmaceutical and Medical Device Ethics and Compliance Congress, November 2021.
  • “Compliance Considerations on the Future of Medical Meetings,” moderator, Informa Connect Pharma Forum, September 2021.
  • “Conquering Covid 19 – Exploring Best Practices and Lessons Learned for Compliance during a Pandemic,” moderator, Informa Connect Compliance Congress For Specialty Products, June 2021.
  • “Healthcare Fraud,” moderator, Boston Bar Association Virtual White Collar Crime Conference, February 2021.
  • “Enforcement and Compliance in Current Times,” presenter, Medical Affairs Professional Society (MAPS), January 2021.
  • “Annual Medical Device Roundtable,” moderator, Pharmaceutical Compliance Forum Pharmaceutical and Medical Device Ethics and Compliance Congress, November 2020.
  • “Best Practices for Disease State Awareness and Other Pre-Launch Activities,” moderator, Informa Connect Compliance Congress For Specialty Products, September 2020.
  • “Current Enforcement Trends, Best Practice Benchmarks and Future Fate,” panelist, Informa Connect Pharmaceutical Compliance Congress, August 2020.
  • “DOJ Enforcement Trends Related to Speaker Programs,” presenter, Informa Connect Pharmaceutical Compliance Congress, August 2020.
  • “Key Considerations for Working with Nurse Educator Field Teams,” panelist, CBI Annual Life Sciences Compliance Congress for Specialty Products, September 2018 & 2019.
  • “What's it Really Like Working as a Criminal Prosecutor or Defense Attorney?” panelist, Boston Bar Association, July 2017.
  • “Pro Bono for the In-House Lawyer,” panelist, Boston Bar Association, June 2017.
  • “Healthcare Fraud Conference,” panelist, Boston Bar AssociationMay 2017.
  • “Expanded Access – A Regulatory Balancing Act For Drug Cos,” co-author, IP Law360, June 2016.
  • “Gov't Paying Close Attention to Patient Assistance Programs,” co-author, White Collar Law360.
  • “Mistakes, Misconduct or False Claims: Legal Risks and Potential Liability Involving Federally Funded Research,” speaker, Boston Bar Association.

Professional and Community Involvement

  • Member of Choate’s Pro Bono Committee
  • Former member of Choate’s Hiring Committee
  • Certified Court Appointed Special Advocate (CASA)
  • Current member and past President of the Lawyers Clearinghouse Board of Directors
  • Past President of the Boston CASA Board of Directors
  • Selected for the 2012-2013 Boston Bar Association (BBA) Public Interest Leadership Program (PILP)
  • Former member of the BBA Reentry Committee coordinating the reentry education program established by the 2012-2013 PILP class
  • Former member of the BBA Criminal Law Steering Committee
  • Served on the BBA’s Death Penalty Working Group, which conducted research and made recommendations regarding the BBA’s position on the death penalty in federal cases
  • Former member of the BBA’s Annual Meeting Steering Committee
  • Participant in BBA’s Law Day in the Schools Program and was featured in a story about the program on WBUR
  • Longtime Christmas in the City volunteer
  • Ten-year member of the Dana-Farber Marathon Challenge team, running the Boston Marathon and fundraising for Dana-Farber Cancer Institute

Education & Credentials

Georgetown University Law Center
JD, 2006
Harvard College
AB, 2002, cum laude

Admissions

Massachusetts

Emily's Insights