165887_bioimage

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

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.

GSK renews Zofran birth defect dismissal bid after Supreme Court ruling

Reuters Legal | June 04, 2019

This article mentions Boston Government Investigations and White Collar Defense partner Mark Seltzer for his representation of GlaxoSmithKline in an ongoing matter related to its anti-nausea medication Zofran.

GSK fights to subpoena publisher of Zofran study by plaintiffs' consultant

Reuters Legal | April 02, 2019

Boston Government Investigations & White Collar Defense partner Mark Seltzer is mentioned in this story for his representation of pharmaceutical company GlaxoSmithKline in an ongoing matter related to the company’s anti-nausea drug Zofran.

GSK accuses Zofran plaintiffs' law firms of funding academic study

Reuters | March 05, 2019

Boston Government Investigations and White Collar Defense partner Mark Seltzer is mentioned in this article for representing GlaxoSmithKline in an ongoing dispute related to the company’s anti-nausea drug Zofran.

FDA never saw birth-defect tests on GSK drug, families say

Law360 | September 12, 2018

Boston Government Investigations & White Collar Defense partners Mark Seltzer and Brian French are mentioned in this article for their ongoing representation of GlaxoSmithKline in a suit regarding their drug Zofran.

GSK Zofran users bicker over scope of patient discovery

Law360 | April 24, 2018

Boston government investigations and white collar defense partners Mark Seltzer and Brian French are mentioned in this story for their representation of pharmaceutical company GlaxoSmithKline in a lawsuit brought by users of its anti-nausea medication Zofran.

J&J won't get high court look at FCA 'particularity' rule

Law360 | April 15, 2018

In the following coverage, Boston government investigations and white-collar defense partners Mark Seltzer and Hannah Bornstein are mentioned for their ongoing representation of Johnson & Johnson and its subsidiary DePuy Orthopaedics Inc. in a False Claims Act case. The Supreme Court recently declined to review the First Circuit’s ruling in the case.

U.S. Supreme Court declines to review whistleblower case against J&J's DePuy

Reuters Legal | April 15, 2018

In the following coverage, Boston government investigations and white-collar defense partners Mark Seltzer and Hannah Bornstein are mentioned for their ongoing representation of Johnson & Johnson and its subsidiary DePuy Orthopaedics Inc. in a False Claims Act case. The Supreme Court recently declined to review the First Circuit’s ruling in the case.

J&J unit wants whistleblower docs in hip implant FCA suit

Law360 | April 11, 2018

Boston government investigations and white-collar defense partners Mark Seltzer and Hannah Bornstein are mentioned in this article for representing Johnson & Johnson Services Inc. and its subsidiary DePuy Orthopaedics in a suit alleging violations of the False Claims Act.

Judge keeps fraud claims against GSK alive in Zofran MDL

Law360 | April 23, 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 26, 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 05, 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.

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, through a peer-review survey, for inclusion in The Best Lawyers in America© 2020 in the fields of Criminal Defense: General Practice and Criminal Defense: White-Collar. Mark has been listed in Best Lawyers since 2010.

Mark was also named a “Litigation Star” by Benchmark Litigation in its 2020 edition.

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.

Back to top