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Ethan Posner
Ethan M. Posner
Partner
Washington +1 202 662 5317 eposner@cov.com Download V-card

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.
  • 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.