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Ethan M. Posner

Senior Counsel

Washington +1 202 662 5317

  • About
  • Representative Matters
  • Credentials
  • About

    Ethan Posner, named by The American Lawyer as a "Rising Litigation Star" and just recently as "Litigator of the Week" represents major pharmaceutical, medical device, and health care organizations in federal criminal and civil investigations, state Attorney General proceedings, False Claims Act cases, and House and Senate investigations. He is also currently lead counsel to the key individual and company in an ongoing probe of bribery of U.S. Naval officials. Ethan formerly served as a deputy associate attorney general at the Department of Justice.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Named The American Lawyer "Litigator of the Week" for obtaining dismissal of major False Claims Act case for United HealthGroup subsidiary. Successfully persuaded the Justice Department to seek dismissal and argued winning summary judgment motions.  
    • Lead counsel to Leonard Francis and Glenn Defense Marine Asia in ongoing Justice Department Naval bribery investigation, as reported in the Washington Post.
    • Lead counsel to McKesson Corporation in ongoing False Claims Act litigation and related matters.
    • Lead counsel to Johnson & Johnson on several ongoing House and Senate committee investigations.
    • Lead counsel to Johnson & Johnson company Acclarent Inc. in recently and successfully concluded Justice Department investigation. Represented Johnson & Johnson and McNeil Consumer Healthcare in Justice Department investigation, two congressional hearings, and resolutions with state Attorneys General involving the recall of several over-the-counter medications.

    • Represented McKesson Corporation in challenge to the use of a medication in lethal injection death penalty proceedings, as reported in the New York Times.
    • Lead counsel to pharmaceutical and medical device companies in deferred prosecution resolutions and the negotiation and implementation of Corporate Integrity Agreements with the Department of Health & Human Services Office of Inspector General. One of these resolutions, for Intermune Inc., was profiled in The American Lawyer identifying Covington & Burling as a "Litigation Department of the Year."

    Areas of Expertise

  • Credentials
    Education
    • University of Michigan Law School, J.D., 1989
        • magna cum laude 
        • Michigan Law Review, Note Editor
    • Wesleyan University, B.A., 1984
        • high honors
    Bar Admissions
    • District of Columbia
    • New York
    Government Experience
    • U.S. Department of Justice
    Judicial Clerkship
    • Hon. Harrison L. Winter, U.S. Court of Appeals, Fourth Circuit, 1989 - 1990
    Accolades
    • Chambers USA, False Claims Act (2022-2023)
    • The American Lawyer, "Litigators of the Week" (11/8/2019) 
    • The American Lawyer's "Fab Fifty" in the 2007 article "Litigation's Rising Stars."
    • Benchmark Litigation, White Collar Crime Local Litigation Star (2019)
    • The International Who's Who of Life Sciences Lawyers (2012)
    • PLC Life Sciences, Which Lawyer? (2009-2012) named Ethan one of the two leading lawyers in the nation for pharmaceutical government investigations and litigation and called him "undisputably one of the leaders in his field."
    • Euromoney, Benchmark: America’s Leading Litigation Firms and Attorneys - "State Star," DC (2013-2014)
    • Legal 500: US Recommended Lawyers (white collar criminal defense)
    • Best Lawyers In America, commercial litigation and health care law (2006-2020); bet-the-company litigation (2010-2020); criminal defense: white-collar (2011-2020)
    • LMG Life Sciences, “Life Science Star” (2012-2013)
    • The Washingtonian, one of the "Best Lawyers in Washington" for representing companies in whistleblower/False Claims Act cases.
    • Who's Who Legal, Business Crime Defence (2012)
    • Who's Who in America (2011); Who's Who in American Law (2011)
    • Named one of Washington, DC Super Lawyers in 2007-2019.
    Previous Experience
    • Mr. Posner served as Deputy Associate Attorney General, Department of Justice.  In that position, he advised the Attorney General on antitrust and civil litigation issues; he had oversight responsibility for certain major litigation matters handled by the Antitrust and Civil Divisions; he chaired Justice Department policy and enforcement groups; and he testified several times before House and Senate committees.

    Areas of Expertise

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