Robert P. Sherman

Representative Matters

White Collar

• 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

Arbitration

• 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

Business Litigation

• 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