Representative Experience

Marty’s recent work includes:

• Securing the dismissal of wrongful death claim brought against a major university by the family of a man murdered on campus; 
• Persuading the government not to bring charges against  a senior executive of a medical device company  identified as the target of a federal health care fraud investigation;
• Successfully representing a major law firm in an eight-day trial, leading to the court’s rejection of a claim for $120 million in sanctions based on the firm’s alleged  discovery and trial misconduct;
• Conducting an internal investigation at the request of a major pharmaceutical manufacturer to  review allegations that the company and its outside counsel failed to produce subpoenaed documents;
• Persuading the government not to bring charges against senior executives of two of the world’s largest pharmaceutical companies, identified as the targets of federal investigations alleging  that the company engaged in off-label  promotion of prescription drugs; 
• Securing the favorable resolution of charges brought by the Massachusetts Securities Division against a Madoff-related New York securities dealer--after winning a motion in Massachusetts Superior Court vacating  the Division’s administrative  judgment against the broker-dealer; 
• Defeating the State of New Hampshire’s first attempt in sixty years to obtain the death penalty against a defendant in a homicide case;
• Advising the boards of a major mutual fund complex in connection with potential claims against a custodial bank arising out of foreign exchange trading;
• Persuading the government not to bring charges against a scientist employed by a leading pharmaceutical company  in an investigation alleging that the company failed to comply with FDA manufacturing regulations; 
• Testifying as an expert witness in a regulatory proceeding concerning the meaning of a provision of a state Uniform Securities Act; and 
• Successfully defending a university professor in National Science Foundation investigation of alleged research fraud

Marty’s experience also includes work in the following areas:

• Health Care Fraud Investigations, including investigations of alleged kickbacks, off-label marketing, and pricing misconduct by  companies and by executives of pharmaceutical manufacturers, medical device companies and pharmacy benefit managers;
• Securities Investigations, including the defense of boards, audit committees, investment advisers, hedge fund managers and senior corporate executives facing investigations by the Securities and Exchange Commission, the Justice Department, and state Securities Divisions concerning allegations of unlawful stock option practices, market manipulation, market timing, insider trading, revenue recognition, misappropriation, and analyst/investment banker conflict of interest;
• Other Criminal and Regulatory Investigations, including investigations of alleged federal and state false claims acts violations, allegations of commercial bribery, public corruption, and other serious offenses, including capital murder case;
•  Complex Business Litigation, including the defense of engineering and construction management firms  in civil litigation,  representation of an independent power producer in a suit alleging design defects in gas turbines; defense of a pharmaceutical companies in class action litigation relating to pharmaceutical pricing; and the representation of clients in legal malpractice cases,  employment discrimination matters,  and partnership disputes.

Professional Experience

• Lectured on criminal practice at Harvard Law School
• Lectured on trial practice and ethics to the Massachusetts Attorney General’s Office and Suffolk District Attorney’s Office