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Patrick M. Phelan

Partner

Washington +1 202 662 5107

  • About
  • Representative Matters
  • Credentials
  • About

    Patrick Phelan is a vice-chair for Covington’s White Collar Defense and Investigation group who focuses his practice on representing major pharmaceutical and biotechnology companies facing civil and criminal investigations by the Department of Justice, the Securities and Exchange Commission, and other federal and state agencies.

    He also represents clients in civil litigation arising from government investigations, including cases pursued after successfully obtaining a declination from the government agencies. Patrick is able to draw on his extensive enforcement and litigation experience and industry knowledge to advise clients on their compliance programs and mitigating risks across their businesses.

    Patrick has represented companies in government investigations concerning a variety of issues, including sales and marketing practices, fraud and abuse, and government price reporting. He regularly helps clients navigate alleged violations of the False Claims Act, Anti-Kickback Statute, Food Drug and Cosmetic Act, and Foreign Corrupt Practices Act.

    Patrick’s pro bono work includes representing a defendant in litigation brought by the District of Columbia for alleged violations of the DC False Claims Act. He also has obtained an acquittal for an indigent defendant charged with second-degree assault and represented a plaintiff in a § 1983 case arising out of a wrongful conviction and Brady violations.

    Earlier in Patrick’s career, he coupled his white collar work with an active civil litigation practice representing clients in trademark disputes before federal courts and arbitration forums.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters

    Life Sciences Investigations and Litigation

    • Represents pharmaceutical and biotechnology companies in ongoing criminal and civil investigations concerning sales and marketing practices, fraud and abuse, and government price reporting.
    • Represents biopharmaceutical manufacturer in federal litigation involving alleged violations of the False Claims Act.
    • Represented biopharmaceutical manufacturer in securing a 2020 declination from DOJ and a favorable settlement from the SEC in a multi-country FCPA investigation.
    • Represented pharmaceutical manufacturer in obtaining civil and criminal declination in federal investigation concerning alleged payment of kickbacks to influence formulary position.
    • Represented Salix Pharmaceuticals, Inc. in civil settlement of federal and state investigation of allegations concerning speaker programs.

    • Represented biopharmaceutical manufacturer in obtaining civil declination in federal investigation concerning price reporting and bona fide service fees.
    • Represented pharmaceutical manufacturer in investigation by DOJ involving alleged violations of the FDCA.
    • Represented Novartis Pharmaceutical Corporation in successful motion to dismiss federal and state false claims act action concerning alleged offer of discounts to influence formulary position. United States ex rel. Perri v. Novartis Pharmaceuticals Corp. et al., No. 15-06547, 2019 U.S. Dist. LEXIS 28594 (D.N.J. Feb. 21, 2019).

    Intellectual Property

    • Counsel to The American Automobile Association, Inc. in trademark and unfair competition litigation and domain name disputes before U.S. District Courts, National Arbitration Forum, and World Intellectual Property Organization.
    • Represented pharmaceutical manufacturer in trademark and unfair competition litigation in federal court.

    Areas of Expertise

  • Credentials
    Education
    • University of Maryland School of Law, J.D., 2009
        • Order of the Coif
        • magna cum laude
        • Maryland Law Review, Articles Editor
    • Boston College, B.A., 2005
        • cum laude
    Bar Admissions
    • District of Columbia
    • Maryland
    Pro Bono
    • Represents defendant in a case brought by the District of Columbia alleging violations of the DC False Claims Act.
    • Represented plaintiff in a § 1983 action against police and prosecutors in Washington Parish, Louisiana arising out of wrongful conviction and Brady violations.
    • Represented deaf individuals in federal civil rights litigation against hospital that failed to provide effective communication during medical emergency.
    • Obtained an acquittal for an individual charged with second-degree assault in Prince George’s County, Maryland.
    Accolades
    • Washington DC Super Lawyers, Criminal Defense: White Collar "Rising Star" (2014-2016)
    Memberships and Affiliations
    • Maryland State Bar Association

    Areas of Expertise

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