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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

J&J hip implant FCA case tossed over secret info use

Law360 | December 08, 2021

This article covers a significant litigation win, in which a federal judge dismissed a nearly decade-long False Claims Act lawsuit against Johnson & Johnson entities over allegedly defective hip replacement devices, noting that two whistleblower physicians used confidential information in their complaint. The article mentions Boston partners Mark Seltzer and Hannah Bornstein and associate Colin Missett, and Washington, DC partner Adam Tarosky—all of the Government Investigations & White-Collar Defense group—for representing J&J and its related entities.

Doctors say no secret info used in FCA suit against J&J

Law360 | March 06, 2020

This article mentions Boston Government Investigations and White-Collar Defense partners Hannah Bornstein and Mark Seltzer for their representation of the defendants in a False Claims Act suit centering on faulty hip replacement devices. The defendants have argued the suit should be dismissed on the grounds that confidential information was used in the complaint.

GSK wins access to records on researcher’s link to Zofran plaintiffs’ lawyers

Reuters Legal | July 25, 2019

This story mentions Boston Government Investigations and White Collar Defense partner Mark Seltzer for his representation of GlaxoSmithKline in an ongoing matter regarding the drugmaker’s antinausea medication, Zofran.

GSK gets 2nd chance to argue preemption in Zofran MDL

Law360 | July 10, 2019

The following articles mention Boston Government Investigations and White Collar Defense partners Mark Seltzer and Brian French for their representation of GlaxoSmithKline in an ongoing matter related to the pharmaceutical company’s anti-nausea drug Zofran. One of the issues is whether federal law pre-empts state law in the case.

Judge to seek FDA’s views on Zofran birth defect cases against GSK

Reuters Legal | July 10, 2019

The following articles mention Boston Government Investigations and White Collar Defense partners Mark Seltzer and Brian French for their representation of GlaxoSmithKline in an ongoing matter related to the pharmaceutical company’s anti-nausea drug Zofran. One of the issues is whether federal law pre-empts state law in the case.

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

  • Boston Magazine Top Lawyers, Criminal Defense-White Collar (2021)
  • Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2022 in the fields of Criminal Defense: General Practice and Criminal Defense: White-Collar; listed in Best Lawyers since 2010
  • Named a “Litigation Star” by Benchmark Litigation in its 2020 edition
  • 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)
  • 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)
  • 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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