Ross MacPherson

/My focus

My practice focuses on assisting clients with white-collar investigations, criminal defense, and complex commercial disputes. I have a breadth of experience across every facet of litigation and investigations. I guide clients through internal investigations as well as DOJ, SEC, FINRA, and state attorney general enforcement actions involving potential liability for bribery, corruption, false claims, kickbacks, insider trading, deceptive consumer practices, and fraud. I also handle civil and bankruptcy litigation for clients in a variety of industries including private equity, healthcare, e-commerce, manufacturing, and real estate.

I maintain an active pro bono practice in which I have scored critical victories for charitable organizations, veterans seeking discharge status upgrades, indigent housing tenants, and asylum-seekers. During law school, I represented several low-income veterans through Michigan Law School's Veterans Legal Clinic.

Prior to joining NP in 2024, I was an associate at another global law firm, where I focused on government enforcement actions and commercial litigation.

/Representative experience

*The below representative experience includes representations from prior firm.

Government Enforcement and Internal Investigations

• Lead associate representing electronic-health-records provider in compliance with deferred prosecution agreement (DPA) with the Department of Justice (DOJ) and in defense against follow-on state attorney general consumer protection investigations. Drafted presentations to DOJ and state attorneys general, and prepared responses to several civil investigative demands
• Lead associate representing prominent real estate company in internal investigation regarding potential fraud and prepared presentations for discussions with relevant government agencies
• Represented major healthcare company in several internal investigations relating to Foreign Corrupt Practices Act

Business and Commercial Litigation

• Represented plaintiffs in parallel shareholder derivative lawsuits challenging a self-interested equity incentive award to the directors of a technology company; negotiated settlement agreement that secured the return of nearly all of equity incentive shares, installed robust minority shareholder protections, and obtained award of nearly $1 million in attorneys’ fees
• Represented venture capital firm and director of e-commerce business in derivative litigation
• Represented manufacturing company and its private-equity sponsor in dispute with major consulting firm regarding performance-based fee arrangement
• Defended commercial landlord in two disputes with commercial tenants seeking injunction against eviction after failing to pay rent during pandemic

Pro bono services

• Negotiated settlement with U.S. Attorney’s Office for the District of Massachusetts on behalf of putative class of ~100 asylum seekers to restore access to work authorization grants
• Obtained discharge status upgrade for Afghanistan veteran suffering from service-related PTSD who received a less-than-honorable discharge from the U.S. Army
• Represented an international charitable organization as outside general counsel. Advised on a variety of matters, including internal investigations, corporate governance, and compliance
• Resolved dispute between local charitable organization and former executive director regarding ownership of charitable program to avoid contentious litigation while preserving client’s charitable mission
• Convinced housing authority to withdraw a pending termination of client’s Section 8 benefits after conducting fact investigation and proffering additional evidence demonstrating that client was the victim of repeated harassment and retaliation by landlord

/Looking ahead

State and federal government agencies are aggressively investigating and prosecuting white-collar crimes. To do so, they have advanced novel interpretations of long-standing laws to adapt to the changing business environment. Whether clients are developing compliance policies, responding to grand jury subpoenas, or defending their practices in court, it is of paramount importance that companies seek counsel to determine how the government may apply old laws to new situations.

/Insights

• “Individuals in Cross-Border Investigations or Proceedings: The US Perspective,” The Practitioner’s Guide to Global Investigations, Seventh Edition (January 4, 2023) (co-author)