Mark McPherson

Senior Associate

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

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.

Publications 09.17.2021

Foreign Influence: Professor Accused of Hiding China Ties from NASA Acquitted of All Charges

On September 9, 2021, a federal judge granted former University of Tennessee professor Dr. Anming Hu’s motion for judgment of acquittal, denying the government the chance to retry its case rooted in allegations that Dr. Hu intentionally hid his ties to a Chinese university while performing work for NASA.

Publications 09.15.2021

Foreign Influence: Research Institution Agrees to Second Million-Dollar False Claims Act Settlement with DOJ to Resolve Allegations of Undisclosed Foreign Components and Other Support

On September 1, 2021, a $1.1 million settlement with the Van Andel Research Institute (VARI) was announced, resolving allegations that VARI violated the False Claims Act by failing to disclose to the NIH both a Foreign Component and Other Support for two VARI principal investigators. This settlement demonstrates the need for research institutions to continue implementing effective training and compliance programs.

Publications 07.09.2021

Foreign Influence: Former Scientist Indicted for Stealing US Military Technology

On July 7, 2021, a Western District of New York court unsealed an indictment against Ji Wang, a former scientist at Corning, Inc., alleging that Wang stole trade secrets, committed economic espionage, and attempted to violate the International Emergency Economic Powers Act. This indictment is the latest in a string of enforcement actions targeting U.S. intellectual property theft to benefit Chinese entities.

Publications 04.21.2021

Foreign Influence: NIH Strengthens Other Support & Biosketch Requirements Concerning Foreign Appointments and Employment

Research institutions and individual grantees will soon face increased National Institutes of Health requirements to disclose Other Support and Biographical Sketch information concerning foreign appointments and employment.

Publications 02.08.2021

Foreign Influence: DOJ Delivers Strong Rebuke to Researcher Diverting Intellectual Property to China

On February 1, 2021, Li Chen, a former researcher at Nationwide Children’s Hospital’s Research Institute in Columbus, Ohio, was sentenced to 30 months in prison for conspiring to commit wire fraud and steal scientific trade secrets to sell in China. Chen was also ordered to pay restitution of $2.6 million and forfeit approximately $1.45 million, 500,000 shares of Avalon GloboCare common stock, and 400 shares of GenExosome common stock.

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