Robert P. ShermanRetired Partner
Robert Sherman focuses in the areas of white collar criminal defense and litigation.
In his role as Senior Counsel, Rob is Co-Chair of Litigation Training responsible for the training curriculum for associates in the United States. He also focuses on international and domestic pro bono cases and continues to represent pharmaceutical companies in government investigation matters.
Rob has broad experiences as a skilled trial lawyer with extensive white collar experience consulting with and representing corporations and individuals accused of such federal offenses as healthcare fraud and securities fraud. He also has deep experience as a commercial litigator. Rob has successfully tried many complex civil and criminal jury and non-jury cases in both the federal and state courts. Among these is a landmark health care fraud case in which he represented a former manager of TAP Pharmaceuticals accused of violating the Federal Anti-Kickback Act. In addition, Rob has tried a number of significant multi-million dollar matters to arbitration panels, including the successful defense of a pharmaceutical company in a licensing dispute with another pharmaceutical company.
As a commercial litigator, Robert has successfully handled licensing disputes, real estate matters, shareholder disputes, regulatory investigations including SEC investigations and trademark and trade secret.
RECENT PRO BONO ACTIVITIES
- Representation in § 1983 action of a young man held in solitary confinement in South Carolina for 3 1/2 years as a pre-trial detainee. Case resolved at mediation before trial.
- Representation of former inmate in § 1983 action against Massachusetts Department of Correction for failure to protect plaintiff from assault by other inmates. Case settled before trial.
- Led team of lawyers providing week-long NITA based trial advocacy training for police prosecutors in four Eastern Caribbean states – Trinidad, Bahamas, Barbados and Granada.
- Represented two Honduras families in which children (ages 6 and 16) had been separated from their fathers as part of the family separation policy of the current administration. Successful reunification of families.
- Representation of global pharmaceutical company in a nationwide AKA investigation of contributions to co-pay foundations conducted by the USAO Boston
- Representation of Pfizer, Inc. in significant international compliance and government investigation (FCPA) matters throughout Asia and the Middle East, including China, Thailand, Malaysia, Singapore, Philippines, the UAE and Saudi Arabia
- Representation of Sanofi, one of the world's largest pharmaceutical manufacturers in joint criminal and civil investigation by the Boston United States Attorney's Office and the Department of Justice of marketing and promotion of Sanofi's Hyalgan product. Investigation and underlying qui tam proceeding successfully resolved by civil settlement in December 2012
- Representation of Pfizer, Inc. in a consumer protection investigation of a Pfizer product by a multi-state coalition of 42 states and the District of Columbia. The matter was successfully resolved by settlement
- Representation of Pfizer, Inc. in federal and state investigations of multiple Pfizer products. The investigations were successfully resolved by settlement
- Representation of pharmaceutical manufacturer Sepracor Inc. in compliance-related matters
- Representation of current and former employees of major pharmaceutical companies in multiple cases involving investigations by the Department of Justice relating to sales and marketing practices
- Representation of a former employee of TAP Pharmaceuticals in a landmark healthcare fraud case. Our client was among a group of 12 alleged to have been involved in a conspiracy over the marketing and sale of a prostate cancer drug. After a three-month trial, the jury returned a verdict resulting in acquittal of our client as well as all remaining defendants
- Representation of one of three defendants in a federal bankruptcy fraud criminal case. After six weeks of jury trial, the defendants were acquitted by order of the court
- Representation of a hedge fund in an insider trading investigation by the SEC and Department of Justice
- Representation of a securities trader in a gifts and gratuities investigation by the SEC and Department of Justice
- Representation of global pharmaceutical company in international arbitration contract and licensing dispute brought by licensor seeking US$50M in damages. Case tried to three member arbitration panel
- Representation of global pharmaceutical company in AAA arbitration brought by licensor of technology and know-how for breach of licensing agreement. Case tried to three member arbitration panel
- Successful defense of founder of IT provider company in AAA case brought by private equity partnership for breach of warranties and representations. Matter tried to single arbitrator
- Representation of Logan Outdoor Advertising Trust in a breach of contract case against the Commonwealth of Massachusetts regarding the value of a billboard located near Logan Airport in Boston. After a two-week jury trial, the jury returned a verdict for our client and awarded it US$1.8 million
- Defense of leading electronics and semiconductor companies against allegations that they owed additional royalties as a result of a Competent Authority proceeding between the Internal Revenue Services and the Korean National Tax Service in 2002. The plaintiff claimed that the license agreements between the parties allocated the risk of currency rate fluctuation, which resulted in the plaintiff receiving less in US dollars from the defendants than it expected. The parties cross-moved for summary judgment and the court allowed the defendant's motions for summary judgment in its entirety
- Defense of the American Red Cross against allegations it was bound by a letter of intent to purchase the plaintiff's commercial building, despite certain environmental hazards found on the property. After a two-week trial, the jury returned a verdict for the defendant on all claims
- Representation of the Massachusetts Bay Transportation Authority in an eminent domain proceeding concerning the taking of conservation land in the town of Cohasset, Massachusetts After a one-week trial, the jury returned a verdict for our client requiring the plaintiff Cohasset Conservation Trust to repay to the Authority a percentage of the money paid to it at the time of the taking
- J.D., Northeastern University School of Law 1978
- B.A., Haverford College
- Supreme Judicial Court 2019 Adams Pro Bono Publico Award
- Robert has repeatedly been named a Massachusetts Super Lawyer
- Robert has been cited in Best Lawyers in Massachusetts in the categories of Commercial Litigation and Criminal Defense – White Collar – 2017, 2018, 2019
- Lecturer, Northeastern University School of Law, Healthcare Fraud & Abuse Law, Winter 2016, Spring 2017, Fall 2019
Memberships And Affiliations
- Founding Board Member, The Lenny Zakim Fund (1995 – present)
- Newton-Wellesley Hospital (2012 – 2014)