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 in which allegations of conflicts of interest, undue foreign influence, or federal grants mismanagement have been raised, and helping to resolve material findings with appropriate government agencies.
Mark recently served as a Special Assistant District Attorney with the Suffolk County District Attorney’s Office, where he gained significant criminal trial and motion practice experience.
Prior to attending law school, Mark served as a pilot in the United States Air Force.
Representative Engagements
- Defense of international pharmaceutical and medical device companies in federal investigations, state investigations, and civil False Claims Act litigation involving sales, marketing, and pricing practices.
- Defense of individual executives in federal and state investigations targeting international pharmaceutical companies.
- Coordinate responses 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.
- Assist university and teaching hospital clients in addressing “foreign component,” foreign conflict of interest concerns, and suspected undisclosed foreign ties raised by NIH and other agencies regarding federally funded research.
- Develop risk management strategies for university and teaching hospitals’ conflict of interest processes and programs related to foreign influence.
- Represent global software company in response to federal and state government investigations and government legal process.
- Represented academic medical center in connection with attempted theft of biological specimens from research laboratory.
- Conducted independent investigation in response to university Title IX complaint.
- Conducted internal investigation on behalf of international pharmaceutical company concerning clinical trial practices.
- Assisted hospital system in assessing and refunding overpayments associated with a series of identified physician billing and coding errors.
Professional and Community Involvement
- Member of the Boston Bar Association
- Choate’s legal clinic for the homeless program through the Lawyers Clearinghouse
- Board Member, Raising A Reader – Massachusetts
Recognition
- The Legal 500 (2023)
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
Announcements 06.07.2023
Choate Ranks Highly in 2023 Legal 500
The 2023 edition of The Legal 500 recognized 29 Choate attorneys in their respective fields and 12 practice areas, with education and middle-market M&A receiving Tier 1 rankings.
Post Roe v. Wade Podcast 06.29.2022
Post Roe v. Wade: Data Privacy and Cybersecurity Considerations for Companies
Christine Savage, Adam Bookbinder, and Mark McPherson discuss potential cybersecurity risks to companies that collect sensitive reproductive health data in light of the recent overturn of Roe v. Wade.
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.