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Mark D. Seltzer



Mark Seltzer represents corporations, executives and professionals in government investigations and enforcement actions and related complex litigation.

What do you focus on?

In recent years, I have focused my practice on representing pharmaceutical companies and their executives, medical device manufacturers and their executives, clinical diagnostics manufacturers and other health care providers in government health care fraud investigations and related civil litigation under the federal False Claims Act and state counterparts; the federal Food, Drug and Cosmetic Act; the Medicare/Medicaid Anti-Kickback Statute; the Medicaid Drug Rebate Statute; and state consumer fraud statutes.

Outside the health care industry, I represent senior corporate executives in securities enforcement investigations, and financial institutions in various enforcement matters.

I have extensive experience in conducting confidential internal investigations for corporate clients. I regularly advise corporations on the design, implementation and monitoring of compliance programs.

Formerly, I was a federal prosecutor for 13 years both in Miami, as an Assistant United States Attorney for the Southern District of Florida and, in Boston, as Director of the New England Bank Fraud Task Force of the United States Department of Justice.

What do you see on the horizon?

I currently represent a pharmaceutical company in the defense of a civil enforcement action brought by an attorney general's office under a state consumer protection statute. This litigation represents a growing national trend in enforcement activity by state attorneys general offices.

Clerkships

Judicial Clerk, the Honorable John W. King, Chief Justice of the New Hampshire Supreme Court

Judge keeps fraud claims against GSK alive in Zofran MDL

Law360 | April 24, 2017

Boston government investigations and white collar defense partner Mark Seltzer and commercial litigation associate Josh Barlow are mentioned in this article about their client, GlaxoSmithKline PLC, in a case regarding labeling related to the use of the anti-nausea drug Zofran during pregnancy.

GSK says no basis for fraud claims in Zofran MDL

Law360 | January 27, 2017

Boston government investigations and white collar defense partner Mark Seltzer and commercial litigation associate Josh Barlow are noted as representing GlaxoSmithKline (GSK) in this article about recent developments in a multidistrict litigation (MDL) about GSK’s anti-nausea drug Zofran.

J&J asks 1st Circ. to halt hip implant FCA suit

Law360 | December 06, 2016

Boston government investigations and white collar defense partners Mark Seltzer and Danielle Pelot and associate Hannah Bornstein are listed as counsel representing Johnson & Johnson and its subsidiary DePuy in a First Circuit case. This article notes their argument to uphold the dismissal of a False Claims Act lawsuit.

Judge will hear GSK's arguments to dismiss Zofran MDL

Law360 | November 11, 2016

This story covers a recent decision by a Boston federal judge to hear GlaxoSmithKline’s (GSK) arguments to discuss some cases and claims from its multidistrict litigation focused on the anti-nausea medication Zofran.  Boston Government Investigations & White Collar Defense partner Mark Seltzer and Commercial Litigation associate Josh Barlow are noted as representing GSK.

Contact

Mark D. Seltzer

Partner

Boston

Phone: 617-345-6188


Fax: 866-507-5905

Boston College Law School, J.D.

University of Pennsylvania, summa cum laude, Phi Beta Kappa

Massachusetts

Mark was selected by his peers for inclusion in The Best Lawyers in America© 2018 in the fields of Criminal Defense: General Practice and Criminal Defense: White-Collar. Mark has been listed in Best Lawyers since 2010.

In addition, he has been recognized in the Legal 500 United States Editorial (2013) for life sciences, Corporate Counsel’s Top Lawyers in Non-White Collar & White Collar Criminal Defense (2011-2012), Corporate Counsel’s Top Rated Lawyers Guide to Healthcare (2012), the International Who’s Who of Business Crime Defense Lawyers (2012), Best Lawyers in New England (2012), ALM’s Top Rated Lawyers in Boston (based on an AV Rating with Martindale Hubbell) (2012), and Best Lawyers in Boston (2011).

Mark Seltzer is the former co-chair of the Criminal Law Section of the Boston Bar Association.

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