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 07.31.2020

Foreign Influence: Visa Fraud Arrest Takeaways

On July 23, 2020, the Department of Justice announced the filing of four complaints against individuals for visa fraud based on alleged misstatements each made about their prior affiliation with or current status as members of the People’s Liberation Army in China.

Publications 07.23.2020

Foreign Influence: Indictment of Chinese Hackers Serves as Further Warning to Companies and Research Organizations to Strengthen IT Security

The Department of Justice unsealed on July 22, 2020 an indictment from earlier this month charging two Chinese nationals with hacking into the computer systems of hundreds of entities and individuals across the world and stealing terabytes of data, including intellectual property and trade secrets, and trying to steal even more data. Among the hackers’ victims were biotech networks and firms developing vaccines, treatments, and testing technology for COVID-19.

Publications 07.09.2020

Foreign Influence: Federal Government Takes Further Steps to Limit Foreign Students from Pursuing Education in the US – Universities are Fighting Back

On July 8, 2020, Harvard and MIT filed a complaint in the U.S. District Court in Massachusetts against the Department of Homeland Security (“DHS”) and Immigration and Customs Enforcement (“ICE”), challenging ICE’s announcement earlier this week that it would require any international students on F-1 visas whose university curriculum is entirely online to depart the country.

Publications 07.07.2020

Basic Guidance for Researchers: Cataloging and Reporting International Collaborations

In an increasingly global society, international projects and collaborations are essential to continue the advancement of science and technology and address challenges we all face. 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 06.22.2020

Senate Bill Seeks to Reduce Undue Foreign Influence in Research by Increasing Institutional and Individual Compliance Obligations and Penalties for Violations

On June 18th, fourteen Senator co-sponsors introduced the bipartisan Safeguarding American Innovation Act. 

Publications 06.18.2020

Foreign Influence: Basic Steps for Initiating Internal Reviews of Potential Issues

Whether a U.S. government agency has made an inquiry or an individual researcher has raised concerns about the sufficiency of their own disclosures, many research and academic institutions have found themselves faced with the task of conducting focused reviews into researchers’ current and past affiliations and disclosures. As a result, institutions must be prepared to conduct internal reviews in a thorough and efficient manner.

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