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Eric P. Christofferson

Eric P. Christofferson

Partner
Managing Partner, Boston office
About

Eric Christofferson is an experienced trial, litigation, and investigations lawyer in DLA Piper's Boston Office and is a member of the firm's White Collar group. Immediately prior to joining DLA Piper, Eric served as an Assistant US Attorney for the District of Massachusetts, leading an array of white-collar criminal investigations, trials, and appeals.

Eric, whose practice focuses on the life-sciences, healthcare, and financial services sectors, represents corporations and individuals in government investigations, internal investigations, criminal and regulatory proceedings, and civil litigation. He advises clients in matters implicating the False Claims Act, the Anti-Kickback Statute, the Food Drug & Cosmetic Act (FDCA), the Foreign Corrupt Practices Act (FCPA), and the securities laws, among others. For life-sciences companies in particular, Eric assists clients facing a variety of potential concerns relating to alleged kickbacks, physician interactions, clinical research, product manufacturing, contracting, product promotion, and charitable donations. Similarly, for healthcare providers and related entities, Eric helps clients navigate investigations concerning billing, medical-necessity questions, and alleged kickbacks. Eric has successfully negotiated resolutions with the Department of Justice (DOJ), state attorneys general, and other enforcement entities, and he has advised management and boards of directors concerning both external and internal investigations. Eric is also an experienced courtroom lawyer who has tried over fifteen criminal and civil jury trials during his career.

Bar admissionsMassachusetts

EXPERIENCE

False Claims Act
  • Advised global pharmaceutical company in connection with an industry-wide DOJ False Claims Act investigation concerning alleged violations of the anti-kickback statute based on donations to patient-assistance charities, resulting in a favorable settlement and the dismissal of a parallel inquiry concerning two multiple sclerosis products.
  • Advised global diagnostics company in connection with multiple state and federal investigations concerning equipment sales resulting in potential violations of the federal Anti-Kickback Statute, as well as federal and local false claims act violations, resulting in no enforcement action.
  • Advised global medical-device company in connection with DOJ False Claims Act investigation concerning the contracting for capital equipment and potential violations of the Anti-Kickback Statute, successfully advocating for an intervention declination.
  • Advised large regional medical provider in connection with a DOJ False Claims Act investigation concerning alleged medical billing overcharges, successfully negotiating a resolution without a Corporate Integrity Agreement.
  • Advising medical-software company in connection with a DOJ False Claims Act investigation concerning possible manipulation of software settings that led to reimbursement of unnecessary medical services by Medicare and third-party payers.
FDCA
  • Advised global pharmaceutical company in connection with an internal investigation concerning alleged FDCA violations resulting from manufacturing process deficiencies, including identifying specific remediation recommendations that the company implemented.
  • Advised global medical-device company in connection with an internal investigation concerning alleged deficiencies in quality control for a particular product, including identifying specific remediation recommendations that the company implemented.
  • Advised global pharmaceutical company in connection with an internal investigation concerning alleged off-label promotion by company sales representatives, including identifying specific remediation recommendations that the company implemented.
FCPA
  • Advised global pharmaceutical company concerning an anticorruption investigation by DOJ involving a Middle Eastern subsidiary, successfully advocating for—and securing—a declination.
  • Advised global telecommunications company concerning an anticorruption investigation by DOJ involving a Venezuelan subsidiary, including successfully negotiating a deferred prosecution agreement.
Securities
  • Advised global pharmaceutical company in connection with SEC investigation concerning alleged insider trading of company securities, resulting in no action taken.
  • Advised DME manufacturer in connection with SEC investigation concerning alleged material billing fraud, resulting in a no action letter.
Individual Representations
  • Represented executive of global technology company in connection with criminal insider trading investigation, resulting in no charges.
  • Represented executive of financial consulting company in connection with criminal market-manipulation investigation, resulting in no charges.
  • Represented chief compliance officer of pharmaceutical company in connection with criminal fraud and kickback investigation, resulting in no charges.
Education
  • J.D., Georgetown University Law Center
    magna cum laude
  • A.B., Harvard College
    cum laude

Awards

Chambers USA

  • Band 3, Massachusetts, Litigation: White-Collar Crime & Government Investigations, (2024)

Pro Bono

Having served as a federal prosecutor for approximately seven years, Eric is now a member of the CJA Panel in Massachusetts and represents—on a pro bono basis—defendants in criminal cases who cannot afford to hire an attorney. In addition, Eric represents individuals serving federal criminal sentences who are seeking "Compassionate Release" from prison because of serious medical conditions. Eric has also helped a Texas family successfully appeal to FEMA for additional funds after their home was severely damaged following Hurricane Harvey in 2017.

Media Mentions

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