John P. Bueker

Partner

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  • JD, magna cum laude, Cornell Law School, 1997; Articles Editor, Cornell Law Review; Order of the Coif
  • BA, magna cum laude, Colgate University, 1992; Phi Beta Kappa

Qualifications

  • Massachusetts

Court Admissions

  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the District of Columbia
  • U.S. District Court for the District of Massachusetts
  • Honorable Joseph L. Tauro, U.S. District Court for the District of Massachusetts (1997 - 1998)
  • Boston Bar Association
  • Massachusetts Bar Association
  • The Best Lawyers in America (2013-2018)
  • Massachusetts Super Lawyers (2005,-2007, 2010, 2016)

John P. Bueker

Partner

John represents retail, pharmaceutical, and life sciences companies and private equity firms in complex commercial litigation pending in courts around the country. John has considerable experience defending companies and individuals both at trial, and in actions and investigations threatened or brought by the SEC. He frequently defends clients in False Claims Act matters on behalf of the firm’s pharmaceutical and life sciences clients.

John served as a Special Assistant District Attorney in the Middlesex District Attorney’s Office, where he prosecuted more than a dozen jury trials, and argued evidentiary motions and arraignments on a nearly daily basis.

Experience

  • The TJX Cos. Representing TJX and certain subsidiaries in two consumer class actions in California and New York challenging TJX's price advertising practices under state consumer protection statutes.
  • Rue La La. Represented the founders of Rue La La in a dispute with the subsequent purchasers of the business over a large earn-out payment.
  • Schering-Plough and Warrick Pharmaceuticals. National coordinating and trial counsel for two major pharmaceutical companies in a series of complex civil litigations brought by 23 state Attorneys General alleging false claims act and unfair trade practices act violations, and common law fraud arising out of the pricing for pharmaceutical products.
  • Merck & Co, Inc. Representing Merck & Co., Inc. in a False Claims Act case, which raises novel First Amendment issues in a case involving claims of off-label promotion, pending on appeal in the 9th Circuit after a successful motion to dismiss.
  • Fortune 100 Company. Representing large public company in two separate SEC investigations, both arising out of claims first made by a Dodd-Frank whistleblower, one relating to financial accounting matters and another claiming insider trading by a senior executive.

Publications

  • Co-author, “The 7th Circ. Stance In Uhlig V. Fluor,” Law360 (December 15, 2016)
  • Co-author, “There May Be a New Standard for FCA Liability Soon,” Law360 (April 19, 2016)
  • Co-author, “Supreme Court’s FCA Ruling May Prove a Big Defense Win,” Corporate Counsel (August 20, 2015)
  • Quoted, “Justices Give Companies Partial Win in Whistleblower Suits,” The National Law Journal (May 27, 2015)
  • Co-author, “Justices Address Boundaries of 2 FCA Defenses in KBR Case,” Law360 (January 13, 2015)
  • Quoted, “4th Circ. Leaves 'Excessive' FCA Fines Up In The Air,” Law360 (January 9, 2014)