Services
Education
- Boston College Law School, J.D.
- University of Massachusetts, Amherst, B.A., cum laude, Phi Beta Kappa
Admissions
- Massachusetts
- Florida
- U.S. Court of Appeals, First Circuit
- U.S. Court of Appeals, Eleventh Circuit
- U.S. District Court, District of Massachusetts
- U.S. District Court, Middle District of Florida
RecognitionIn 2005 and 2007, Brian was recognized by Boston Magazine for inclusion in the annual “Massachusetts Super Lawyers – Rising Stars”® list, a designation granted to just 2.5 percent of attorneys in the state.
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BRIAN K. FRENCH
Brian French is a partner and deputy practice group leader of the firm’s Government Investigations and White Collar Defense team. He focuses his practice on white collar defense and related civil litigation, particularly in the pharmaceutical, medical device, and health care industries. Brian represents life sciences companies, health care organizations, and individuals in criminal and civil investigations, False Claims Act litigation, and other enforcement matters involving anti-kickback violations, off-label marketing, and pricing and reimbursement issues.
Brian regularly advises drug and device companies and health care organizations on a wide range of compliance matters, including issues involving consulting arrangements, charitable donations, medical research, field sales activities, the Physician Payment Sunshine Act, state gift ban and payment disclosure laws, and reportable events under Corporate Integrity Agreements. He also represents clients in matters outside the health care industry that are accused of defrauding the government.
Brian began his career at Gulfcoast Legal Services, Inc., in Clearwater, Florida, where he represented children from low-income families in education and disability-related matters. He has remained active in providing pro bono legal representation, including current representation of a Virginia death row inmate in his post-conviction habeas corpus proceedings. Brian is a frequent lecturer at pharmaceutical and medical device conferences. Representative Experience- Representation of a major pharmaceutical manufacturer in two separate government investigations involving alleged off-label promotion, anti-kickback violations, and improper “Best Price” reporting under the Medicaid Drug Rebate Program. T
Representation of a major pharmaceutical manufacturer in two separate government investigations involving alleged off-label promotion, anti-kickback violations, and improper “Best Price” reporting under the Medicaid Drug Rebate Program. These matters, along with a third investigation, were resolved as part of a global $3 billion criminal and civil settlement with the federal government and certain participating states, the largest health care fraud settlement in U.S. history. - Representation of a pharmaceutical sales executive targeted in a federal investigation involving allegations of off-label promotion and anti-kickback violations.
Representation of a pharmaceutical sales executive targeted in a federal investigation involving allegations of off-label promotion and anti-kickback violations. - Representation of multiple institutional dialysis providers in a federal investigation of alleged Medicaid billing violations.
Representation of multiple institutional dialysis providers in a federal investigation of alleged Medicaid billing violations. . . . View all . . .
- Representation of the owner of multiple skilled nursing facilities in a federal investigation involving Medicare billing issues.
Representation of the owner of multiple skilled nursing facilities in a federal investigation involving Medicare billing issues.
- Representation of a major pharmaceutical manufacturer in an investigation by the Massachusetts Attorney General’s Office involving potential violations of state gift ban and payment reporting regulations.
Representation of a major pharmaceutical manufacturer in an investigation by the Massachusetts Attorney General’s Office involving potential violations of state gift ban and payment reporting regulations.
- Representation of a national hospital chain in connection with the federal investigation of the New England Compounding Center and the multistate outbreak of fungal meningitis.
Representation of a national hospital chain in connection with the federal investigation of the New England Compounding Center and the multistate outbreak of fungal meningitis.
- Representation of various pharmaceutical manufacturers in average wholesale price (“AWP”) multidistrict litigation and AWP lawsuits brought by various state attorneys general.
Representation of various pharmaceutical manufacturers in average wholesale price (“AWP”) multidistrict litigation and AWP lawsuits brought by various state attorneys general.
- Representation of a construction company in a federal investigation of alleged government contract set aside fraud.
Representation of a construction company in a federal investigation of alleged government contract set aside fraud.
- Representation of a Massachusetts teaching hospital in connection with its voluntary disclosure of Medicare overpayments associated with patients who received observation services.
Representation of a Massachusetts teaching hospital in connection with its voluntary disclosure of Medicare overpayments associated with patients who received observation services.
- Representation of an international pharmaceutical manufacturer in an internal investigation of off-label sales and marketing activities.
Representation of an international pharmaceutical manufacturer in an internal investigation of off-label sales and marketing activities.
- Representation of a physician-hospital organization in an internal investigation of potential anti-kickback violations.
Representation of a physician-hospital organization in an internal investigation of potential anti-kickback violations.
- Representation of a medical device manufacturer in connection with its dealings with an outside monitor imposed under a Deferred Prosecution Agreement.
Representation of a medical device manufacturer in connection with its dealings with an outside monitor imposed under a Deferred Prosecution Agreement.
- Representation of a former regional account manager of a large pharmaceutical company in connection with a federal investigation of alleged anti-kickback violations.
Representation of a former regional account manager of a large pharmaceutical company in connection with a federal investigation of alleged anti-kickback violations.
. . . Hide Representative Experience . . .AffiliationsBrian is a Co-Chair of the Health Care Fraud Subcommittee of the American Bar Association’s Criminal Litigation Committee, as well as a member of the Summer Jobs Program Steering Committee and the Public Policy Subcommittee of the Criminal Law Section of the Boston Bar Association. He was a founding member, and served as Regional Vice-Chair, of the Public Schools Committee of the ABA’s Section on Individual Rights and Responsibilities. He was also a contributing author to the Criminal and Enforcement Litigation section of the ABA’s 2006, 2007, and 2008 editions of the Annual Review of Developments in Business and Corporate Litigation.
In the community, Brian serves as the Treasurer/Clerk on the Board of Directors of Brookline Youth Hockey, and is a member of the Dana-Farber Leadership Council, where he served for four years as Co-Chair of the DFLC Walk Committee. Brian previously served on the Board of Directors of both the Silvio O. Conte Education Foundation and Families for Depression Awareness. Thought Leadership/Alerts
Media Clips- Life Sciences Cases to Watch in 2013
Life Sciences Law 360 | January 1, 2013
In this article focused on key life sciences industry lawsuits in the coming calendar year, Boston Government Investigations & Life Sciences partner Brian French provides commentary. - Life Sciences Regulation to Watch in 2013
Life Sciences Law 360 | January 1, 2013
Washington, DC, Health Services and Life Sciences partner Areta Kupchyk and Boston Government Investigations & Life Sciences partner Brian French discuss key life sciences industry regulations to watch in 2013. - 7 Tips for Avoiding False Claims Act Whistleblower Suits
Law 360 | October 30, 2012
Boston partner and deputy leader of the firm’s Government Investigations & White Collar Defense group Brian French discusses ways companies, especially those in the health care, medical device, and pharmaceutical industries, can avoid whistleblower lawsuits under the False Claims Act. . . . View all . . .
Events
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