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Ethan Posner, named by The American Lawyer as a "Rising Litigation Star," represents major pharmaceutical 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. Mr. Posner formerly served as a deputy associate attorney general at the Department of Justice.
- 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 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 recently concluded 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 Gilead Sciences Inc. in its successful defense of Justice Department investigations concerning the promotion and manufacturing of several prescription drugs, resulting in declinations by the Justice Department.
- Lead counsel to United Healthcare subsidiary in ongoing False Claims Act litigation.
- Lead counsel for Pfizer Inc. in several government investigations.
- 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."
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.
Director’s Roundtable, World Recognition of Distinguished General Counsel Honoring Lori Schechter
October 6, 2016
Ethan Posner served as a panelist at the World Recognition of Distinguished General Counsel event honoring Lori Schechter, General Counsel, McKesson in San Francisco.
June 28, 2016, Law360
June 17, 2016, Covington Alert
In Universal Health Services Inc. v. U.S. ex rel. Escobar, No. 15-7 (Slip. Op. June 16, 2016), a unanimous Supreme Court affirmed the viability of the “implied false certification” theory of False Claims Act liability, at least in certain circumstances. This portion of the ruling was not unexpected given the overwhelming acceptance of implied certification among the Circuit courts. But, more importantly, out of concern that the statute be applied too broadly, the Court also explained at length that the “materiality” standard in the statute is a “demanding” one, and set a high bar for the Government and relators to demonstrate materiality of the alleged non-compliance.
Health Care and Pharmaceutical
1998-present
Mr. Posner is a frequent speaker at health care and pharmaceutical conferences.
1998-present
Mr. Posner has been quoted on pharmaceutical government investigations and False Claims Act cases in the New York Times, the Wall Street Journal, the Boston Globe, and USA Today.
January 21, 2015
WASHINGTON, DC, January 21, 2015 — A California federal judge recently dismissed allegations made by whistleblowers that Gilead Sciences Inc. defrauded the government. Covington represented Gilead in the case. U.S. District Judge Edward Chen said in his ruling that the whistleblowers’ allegations over poor drug quality, false certifications and violations of ...
Gilead Wins Dismissal Of Defective Drug Fraud Suit
January 8, 2015, Law360
Covington's Ethan Posner is mentioned in this article regarding their representation of Gilead Sciences Inc.: "A California federal judge on Wednesday tossed allegations that Gilead Sciences Inc. cheated the government by selling contaminated and defective drugs to Medicare and Medicaid, finding that the whistleblowers failed to state a claim under the False ...
August 18, 2014
WASHINGTON, DC, August 18, 2014 — Best Lawyers named Covington & Burling’s Stuart Eizenstat and Gregg Levy each a 2015 “Lawyer of the Year” in international trade and sports law, respectively, citing their “abilities, professionalism and integrity.” Overall, Covington lawyers received 217 individual mentions in 58 areas of law in the newly released annual survey ...
June 25, 2014, Covington E-Alert
April 16, 2014, Law360
A Blow To State Encroachment On Federal Turf
April 16, 2014, Law360
Ethan Posner and Christopher Denig write on the implications of the Arkansas Supreme Court overturning a $1.2 billion judgment against Janssen in the Risperdal litigation brought by the Arkansas Attorney General Dustin McDaniel alleging thousands of violations of the Arkansas Medicaid Fraud False Claims Act and Arkansas Deceptive Trade Practices Act.
August 27, 2012
WASHINGTON, DC, August 27, 2012 — Covington & Burling LLP lawyers received 196 individual mentions in 57 areas of law in the 2013 edition of The Best Lawyers in America. This annual compilation of top U.S. lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as ...
Covington Lawyers Recognized by D.C. Super Lawyers
May 2, 2012
WASHINGTON, DC, May 2, 2012 — D.C. Super Lawyers selected 64 Covington & Burling lawyers for its 2012 list of top legal talent. Super Lawyers selects no more than five percent of the total lawyers who practice in Washington based on peer review and the publication’s independent research. Deborah Garza and Robert Long have been named among the “Top 100” for ...
Covington Secures Release of Death Row Inmate
April 12, 2012
WASHINGTON, DC, April 12, 2012 — An Alabama man was recently freed after spending 17 years in prison, most of it on death row, after lawyers from Covington & Burling established that his original trial counsel failed to represent him effectively. Larry Smith was sentenced to death on August 25, 1995, for killing a friend in rural Marshall County, Alabama. The ...
January 20, 2012
WASHINGTON, DC, January 20, 2012 — Law360 named Covington & Burling’s white collar defense and investigations practice as of one of the top five “White Collar Practice Groups of the Year.” In a profile about the firm’s practice published on Jan. 19th, Law360 noted the breadth of Covington’s clients and matters in the white collar practice area as a key reason ...
September 7, 2011
WASHINGTON, DC, September 7, 2011 — Covington & Burling LLP lawyers received 184 individual mentions in 56 areas of law in the 2012 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: ...
Covington Lawyers Recognized by D.C. Super Lawyers
May 17, 2011
WASHINGTON, DC, May 17, 2011 — D.C. Super Lawyers selected 55 Covington & Burling lawyers for its 2011 list of top legal talent. Super Lawyers selects no more than five percent of the total lawyers who practice in Washington based on peer review and the publication’s independent research. Deborah Garza has been named among the “Top 50 Women,” and Robert Long ...
February 15, 2011
WASHINGTON, DC, February 15, 2011 — For the seventh time, Practical Law Company has awarded Covington & Burling LLP its worldwide first place ranking in the Life Sciences Regulatory Super League category. PLC also singled out Covington’s Antitrust/Competition, Corporate, and Insurance practices, along with lawyers from each group, in its practice-specific ...
September 29, 2010, Covington E-Alert
August 6, 2010
WASHINGTON, DC, August 6, 2010 — Covington & Burling LLP received 138 individual mentions in 40 areas of law in the 2011 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...
March 18, 2010
WASHINGTON, DC, March 18, 2010 — Forty-five Covington & Burling LLP lawyers are recognized in the 2010 Washington, D.C. Super Lawyers. The annual list by Super Lawyers selects only five percent of the total lawyers who practice in Washington based on peer review and the publication’s independent research. In addition, partners Deborah Garza and Robert Long have ...
August 7, 2009
WASHINGTON, DC, August 7, 2009 — Covington & Burling LLP received 131 individual mentions in 38 areas of law in the 2010 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...
May 26, 2009, Covington E-Alert
September 29, 2008
WASHINGTON, DC, September 29, 2008 — Covington & Burling LLP received 124 individual mentions in 40 areas of law in the 2009 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...
September 6, 2007
WASHINGTON, DC, September 6, 2007 — Covington & Burling LLP received 115 individual mentions in 38 areas of law in the 2008 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The recipients are as follows: Administrative: E. Edward Bruce and ...
March 29, 2007, Covington E-Alert
Covington’s Ethan Posner Selected As One of 50 "Rising Litigation Stars" by The American Lawyer
January 16, 2007
WASHINGTON, DC, January 16, 2007 — The American Lawyer named Covington & Burling LLP partner Ethan Posner a “Rising Litigation Star” in its January 2007 issue. The feature, titled "The Young Litigators Fab Fifty,” includes the nation’s 50 most accomplished litigators under the age of 45. The honorees were selected by the magazine’s editorial staff out of a ...
November 30, 2006, Covington E-Alert
October 9, 2006, Covington E-Alert
October 5, 2006, Covington E-Alert
October 4, 2006, Covington E-Alert
March 3, 2006, Covington E-Alert
September 17, 2004, Covington E-Alert
August 2004, Covington E-Alert
April 14, 2004, Covington E-Alert
November 30, 2001, Update Magazine 2001, Issue 6 with permission from FDLI
November 23, 2001, New York Law Journal
Stark Change for Self-Referrals
June 18, 2001, Legal Times
June 28, 1999, National Law Journal
May 24, 1999, The New York Law Journal
Fall 1998, 1 J. Ins. Coverage 68 (co-author)
- The American Lawyer's "Fab Fifty" in the 2007 article "Litigation's Rising Stars."
- The International Who's Who of Life Sciences Lawyers (2012)
- PLC Life Sciences, Which Lawyer? (2009-2012) named Mr. Posner 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 (2006-2017); bet-the-company litigation (2010-2017); criminal defense: white-collar (2011-2017)
- 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 2007-2017.
Practices
Education
University of Michigan Law School, J.D., 1989
- magna cum laude
- Michigan Law Review, Note Editor
Wesleyan University, B.A., 1984
- high honors
Government Service
- U.S. Department of Justice
Judicial Clerkship
- Hon. Harrison L. Winter, U.S. Court of Appeals, Fourth Circuit, 1989 - 1990
Bar Admissions
- District of Columbia
- New York