Mark McPherson

Associate

Mark McPherson is an associate in Choate’s Litigation Department. His practice focuses primarily on representation of individuals, corporations, and universities in government and internal investigations.

Mr. McPherson is a graduate of the Boston University School of Law, where he participated in the Criminal Law Clinical Program as a student prosecutor. During law school, he interned at the United States Attorney’s Office in Boston and also for the Honorable Denise J. Casper of the District of Massachusetts.

Prior to joining Choate, Mr. McPherson served as a pilot in the United States Air Force.

Practice Focus

Government Enforcement & Compliance: representation of companies, individuals, and universities in government and internal investigations involving healthcare fraud, securities fraud, and other civil and criminal matters.

Foreign Influence Compliance: manage NIH, HHS, and/or DOJ investigations, enforcement inquiries, and Congressional oversight requests into systematic programs of foreign influence at U.S. academic and research institutions.

Representative Engagements

  • Defend the Chief Executive Officer of a public healthcare company in multi-year investigations by the Securities and Exchange Commission and the Department of Justice.
  • Assist major pharmaceutical companies and health care systems in conducting internal investigations regarding commercial business practices.
  • Assist university and teaching hospital clients in addressing “foreign component” and foreign conflict of interest concerns raised by NIH and other federal agencies regarding federally funded research.
  • Conduct independent investigation into alleged sexual harassment and gender-based discrimination at a major university.

Professional and Community Involvement

Mr. McPherson is a member of the Boston Bar Association. He participates in the Firm’s legal clinic for the homeless program through the Lawyers Clearinghouse.

Education & Credentials

Boston University School of Law
JD, 2017, cum laude
The University of Oklahoma
MA, 2014
Oklahoma State University
MBA, 2012
The University of Pittsburgh
BA, 2006

Admissions

Massachusetts

Mark's Insights

Publications 05.08.2020

Foreign Influence: Protecting Intellectual Property Related to Coronavirus Vaccine Research

As research institutions, hospitals, and pharmaceutical companies race to develop a vaccine or treatments for COVID-19, international collaborations are plentiful, critical and inspiring. At the same time, U.S. officials are warning American institutions to be increasingly vigilant in protecting their intellectual property and other sensitive data.

Publications 04.30.2020

Foreign Influence: Procedures for Exporting Research Materials

International exports of research materials may be subject to strict regulatory requirements based on the country and specific recipient to which they are going, their potential range of uses, and their dollar value. Making the decision tree more complicated is the fact that multiple federal agencies regulate exports.

Publications 04.23.2020

Foreign Influence: Creating and Evaluating Training Programs

Research institutions should consider creating/evaluate their existing foreign influence training programs and ensure they address key issues reflected in recent enforcement actions.

Publications 04.09.2020

Foreign Influence: Transparency With Our Government Is Paramount When Collaborating With Foreign Entities

Understanding that international collaboration should and must occur, the key is to ensure that those collaborations are transparent – meaning disclosed to, and where necessary, approved by, employers and federal agencies or other organizations who may be supporting the researcher or his/her home institution.

Publications 04.03.2020

Foreign Influence: How Well Do You Know Your Faculty?

Research institutions are in a unique position to help detect and prevent undue foreign influence targeting scientists and their work. In addition to implementing formal conflict of interest and outside activity reporting policies, institutions should exercise due diligence by making reasonable, proactive inquiries into ex-U.S. activities of faculty/research staff.

Publications 03.25.2020

Foreign Influence: Evaluating Policies and Procedures to Minimize Risk

The institution’s policies may help to assure that the faculty make complete and accurate disclosures. To minimize risk to the institution and the individual, consider these guidelines.

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