
Mark McPherson
Mark McPherson represents individuals, corporations, and universities in government and internal investigations involving healthcare fraud, securities fraud, the False Claims Act, and other civil and criminal matters.
Mark also helps clients manage NIH, HHS, and/or DOJ investigations, enforcement inquiries, and Congressional oversight requests related to systematic programs of foreign influence at U.S. academic and research institutions. This includes leading internal reviews where allegations of conflicts of interest, undue foreign influence, or federal grants mismanagement have been raised and helps to resolve material findings with appropriate government agencies.
Prior to attending law school, Mark served as a pilot in the United States Air Force.
Representative Engagements
- The Chief Executive Officer of a public healthcare company in investigations by the Securities and Exchange Commission and the Department of Justice and in defense of private securities litigation.
- Assisting 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.
- Response to NIH inquiries regarding suspected undisclosed faculty ties to foreign countries for universities and teaching hospital clients.
- Development of risk management strategies for university and teaching hospitals’ conflict of interest processes and programs related to foreign influence.
- Coordination of response to law enforcement investigations and internal investigations related to foreign influence in research, conflict of interest, and conflict of commitment for universities and teaching hospital clients.
- Representing teaching hospital client in connection with attempted theft of biological specimens from research laboratory.
- Assisted a hospital in assessing and refunding overpayments associated with a series of identified physician billing and coding errors.
- Defense of international pharmaceutical and medical device companies in federal and state investigations involving sales, marketing, and pricing practices.
- Defense of individual executives in federal and state investigations targeting international pharmaceutical companies.
- Defense of pharmaceutical and medical device companies in civil False Claims Act litigation.
Professional and Community Involvement
- Member of the Boston Bar Association
- Choate’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
Focus Area
Mark's Insights
Choate's Life Sciences Insights Podcast 11.08.2021
Conducting Clinical Trials Part 4: Financial Conflicts of Interest
In the fourth installment of Choate’s Conducting Clinical Trials series, Mark McPherson and Greta Fails cover what financial conflicts of interest are in a clinical trials context, how federal funding agencies regulate them, and enforcement trends.