Jack Cinquegrana

Jack Cinquegrana co-chairs the firm's Litigation Department and Government Enforcement & Compliance Practice Group.  He is a veteran trial lawyer with over 25 years of experience in litigation and government enforcement matters.

Jack is a past President of the Boston Bar Association and a fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers.  He is included in The Best Lawyers in America in the specialties of Bet-the-Company Litigation, Commercial Litigation, Corporate Governance Law, Litigation: Securities, Non White Collar Criminal Defense and White Collar Criminal Defense.  Chambers USA gives Jack its highest ranking in White Collar Defense and Government Investigations.  He is included in The International Who’s Who of Business Crime Lawyers and Massachusetts Super Lawyers Top 100.

Jack serves as Chairman of the Committee for Public Counsel Services, Massachusetts' public defender agency, which provides legal representation to indigent persons in criminal and civil cases throughout the state. 

Practice Focus

Government Enforcement & Compliance:  represents companies and individuals in government investigations and related civil and criminal litigation. 

Previous Experience

Assistant United States Attorney;  Chief Trial Counsel in Suffolk County District Attorney's Office in Boston - directed a staff of more than 110 attorneys in the largest prosecutor's office in Massachusetts; Assistant District Attorney.

Representative Recent Engagements

• Special Counsel to the Massachusetts Supreme Judicial Court, for the purpose of conducting an independent inquiry regarding the Massachusetts District Courts and the Boston Municipal Court.
• Companies in internal investigations regarding regulatory reporting requirements, revenue recognition practices, and whistleblower complaints.
• Pharmaceutical companies and their executives in government investigations regarding marketing practices.
• Companies, corporate officers, and board committees in SEC insider trading, options backdating, revenue recognition, and Reg. FD investigations and related litigation.
• Defense of False Claims Act claims in qui tam litigation involving health insurers and pharmaceutical companies.
• Defense of criminal tax and export controls investigations.
• Litigation involving diversion of corporate opportunities and theft of trade secrets from one of New England's largest technology companies.

Publications and Presentations

• A New Trend in Health Care Fraud Settlements, co-author, White Collar Law360, March 2013 (with Consuelo Valenzuela Lickstein).
• $104M Whistleblower Award – A Sign of Things to Come, co-author, Law360, December 2012 (with Diana K. Lloyd, Michael T. Gass and Stuart M. Glass).
  
• The Intersection of Government Agencies & Internal Corporate Investigations & The Mistakes Companies Make, panelist, Lawyers Weekly Business & Law Breakfast Forum, Boston, December 2012.
  
• SJC Urges Change for Drunken Driving Cases, featured, The Boston Globe, November 2012.
  
• Retaliation Claims, Whistleblower Claims and the False Claims Act, panel presentation, National Association of College and University Attorneys, Chicago, June 2012.
• A Reg FD Reminder from Social Media, White Collar Law360, June 2012 (with John R. Baraniak, Jr.).
  
• Innovate @ Litter: 70 Years of Employment and Labor Law Solutions: Retaliation & Whistleblowing Workshop, panelist, The Executive Employer Conference, Scottsdale, AZ, May 2012.
  
• Liability Without Fault:  New Enforcement Trends Against Corporate Executives, Bloomberg Law Reports, February 2011 (with Diana K. Lloyd).
• Q&A with Choate's Jack Cinquegrana, White Collar Law360, December 2010.
• A Securities Litigator’s Guide to D&O Insurance: Parts I and II, Securities Law360, October 2010 (with John R. Baraniak, Jr.).
• A Securities Litigator's Guide to D&O Insurance, ABA National Institute on Securities Fraud, Panel Presentation, New Orleans, LA, October 2010. 
• D&O Insurance, Indemnification and Advancement, ABA National Institute on Internal Corporate Investigations and In House Counsel, panel presentation, Washington, DC, May 2009 and 2010.
• Trends in Government Enforcement, Center for Business Intelligence Pharmaceutical Compliance Congress, January, 2010.
• Fraud & Abuse in the Sale & Marketing of Drugs, moderator, American Conference Institute, New York, NY, April 2008.
• Tackling Diversity at Top Law Firms, Boston Globe Spotlight Interview, 2007.
• A Special Responsibility, Boston Bar Journal, May/June 2007.
• Can We Be Silent?, Boston Bar Journal, March/April 2007.
• Two Very Different Days, Boston Bar Journal, January/February 2007.
• Step-By-Step Guide to Conducting Internal Investigations for the Pharmaceutical Industry, presenter, American Conference Institute, New York, NY, January 2007.
• Counting on New Lawyers, Boston Bar Journal, November/December 2006.
• Work in Progress, Boston Bar Journal, September/October 2006.
• New President Defined by Passion for Public Service, Boston Bar Journal, September/October 2006.
• Justice’s Defense Must Never Rest, Letter to the Editor, Boston Herald, October 13, 2006 (with Mark D. Mason, President of the Massachusetts Bar Association).
• Increasing Scrutiny and Shifting Theories, Pharmaceutical Executive, August 2006 (with Diana Lloyd and Russell Edelstein).
• Legal: Shifting Perspective on Off-Label Promotion, Pharmaceutical Executive, January 2006 (with Diana Lloyd).
• The USA Patriot Act in 2005, Boston Bar Journal, November/December 2005 (with Richard M. Harper, II).
• United States Sentencing Guidelines 2004: An Experiment that has Failed, American College of Trial Lawyers, September 2004 (as a member of the College’s Task Force on the United States Sentencing Guidelines).
• Special Trial Issues (with Josh Wall), Massachusetts Superior Court Criminal Practice Manual, Massachusetts Continuing Legal Education (2003, 2006).
• The USA Patriot Act: Effects on American Employers and Businesses, Boston Bar Journal, May/June 2002.
• Crisis in Corrections in Massachusetts, a Report of the Boston Bar Association’s Task Force on Justice, Boston Bar Association, 1991.
• Legal Issues Arising in Mediation:  The Boston Municipal Court Mediation Program, Massachusetts Law Review, 1982.

Professional and Community Involvement

Jack’s professional activities have involved service to the bar, public interest organizations and legal education, including:   

• President of the Boston Bar Association (2006-2007).
• Co-chair of the Diversity and Inclusion Section, Boston Bar Association (2009-2010).
• Chair of the Committee for Public Counsel Services, which oversees the provision of legal representation to indigent persons in criminal and civil cases in Massachusetts (2012-present); Member (2009-2012).
• Board of Directors, Lawyers Concerned for Lawyers (LCL), Massachusetts’ lawyer assistance program (2011-present).
• Board of Trustees, Boston Bar Foundation. 
• Member of the American Bar Association’s nine-member Criminal Justice Standards Committee, which monitors, updates and implements the ABA’s Standards for Criminal Justice.  Jack served as a reviewer of the ABA Standards for Criminal Justice:  DNA Evidence (2007) and ABA Standards for Criminal Justice: Prosecutorial Investigations (2008). 
• Member of the Massachusetts Sentencing Commission, by appointment of the Governor (2004 - 2005).
• Member of the Massachusetts State Committee of the American College of Trial Lawyers and the ACTL’s Federal Criminal Procedure Committee.
• Co-Chair for the Northeast Region of the American Bar Association's White Collar Crime Committee.
• Former Secretary of the Boston Bar Association, member of the Executive Committee and Council and Chairman of the Nominating Committee.
• Over ten years’ service as an officer and director of the Crime and Justice Foundation  (now Community Resources for Justice) in Boston, a non-profit organization providing support and advocacy for individuals transitioning from the adult and juvenile criminal justice systems.
• Member of the Boston Bar Association's Task Force on Justice and Special Committee on Sentencing Legislation, which drafted the legislation creating the Massachusetts Sentencing Commission.
• Member of the Board of Editors of the Boston Bar Association Journal.
• Contributing author to the Massachusetts Superior Court Criminal Practice Manual, published by Massachusetts Continuing Legal Education.
• Instructor in trial practice at Harvard Law School, The Attorney General's Advocacy Institute in the Department of Justice, Boston College Law School, Suffolk University Law School, the Massachusetts Academy of Trial Attorneys, Massachusetts Continuing Legal Education and the Boston Bar Association.
• Massachusetts Bar Association Task Force on Alternative Dispute Resolution Mechanisms.
• Committee on Indigent Appointments of the United States District Court for the District of Massachusetts.
• Former member of the firm’s Executive Committee.