Ara Beth Gershengorn

Partner - Boston

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Bringing wide ranging government experience to her work at Foley Hoag, Ara Gershengorn counsels clients in connection with government investigations, internal company audits, and complex civil litigation. Ara has represented a variety of companies and officers in criminal, civil, congressional, and regulatory investigations. She has extensive experience defending clients against allegations involving whistleblower actions, such as the federal False Claims Act, healthcare fraud, including off-label promotion, kickbacks, and product safety, and antitrust, environmental crimes, and securities fraud.

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Education:

  • Columbia University School of Law, J.D.
  • Harvard University, magna cum laude

Representative Experience

  • Successfully defended medical device companies in federal False Claims Act lawsuit in both district court and on appeal before the U.S. Court of Appeals for the First Circuit.
  • Defended executives of medical device companies in federal criminal investigations.
  • Conducted investigations concerning pharmaceutical and medical device company sales and marketing practices, clinical trial activities, and allegations of fraud in connection with obtaining FDA approvals.
  • Conducted investigations for companies regarding accounting practices, allegations of embezzlement, and allegations of fraud.
  • Represented clients in federal antitrust investigations.
  • Counseled companies regarding data security and privacy practices and policies and advised clients in connection with data security breaches.
  • Represented companies in connection with export regulation violations.
  • Counseled clients in connection with government contracting.
  • Successfully sought summary judgment in employment-related litigation involving financial services company.
  • Circuit Editor, First Circuit, ABA Litigation Section, Appellate Practice
  • Contributing Author, Internal Investigations, Massachusetts Discovery Practice, 2nd edition, MCLE (2012)
  • Contributing Author, Documentary Evidence, A Practical Guide to Introducing Evidence, 2nd Edition, MCLE (2007-2011; 2013 pending) 
  • Rule 502: Does It Deliver on Its Promise?, Antitrust, Vol. 24, No. 3 (Summer 2010)
  • Private Party Standing to Raise Tenth Amendment Challenges, 100 Colum. L. Rev. 1065 (2000)

Honors

  • Listed as a “Rising Star” in New England Super Lawyers for Criminal Defense: White Collar (2009, 2010)
  • John Marshall Award for outstanding legal achievement of trial of litigation
  • Special Commendation Award for Outstanding Service from the United States Department of Justice
  • Awarded certificates of appreciation from the Internal Revenue Service and Immigration and Customs Enforcement
  • Editor, Columbia Law Review at Columbia University School of Law

  • Co-presenter: “Data Security and Privacy: Managing HIPAA Obligations and the HITECH Act,” Elsevier Business Intelligence Webinar, March 2011
  • Co-presenter: “What Does Health Care Reform Change for Hospitals and their Physicians?,” Massachusetts Hospital Association 2011 Fraud and Abuse Update, December 2010
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Bar Admissions

  • Massachusetts
  • New York

Court Admissions

  • U.S. Supreme Court
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals First Circuit
  • U.S. Court of Appeals Second Circuit
  • U.S. Court of Appeals Fourth Circuit
  • U.S. Court of Appeals Tenth Circuit
  • U.S. Court of Appeals, District of Columbia Circuit