Joshua Asher is an associate in the Litigation and Enforcement practice group of Ropes & Gray. Josh’s practice focuses on white-collar criminal defense, including government and internal investigations, and complex civil litigation. Josh has extensive experience representing individuals and corporate clients in criminal and civil litigation, and in government enforcement actions involving health care fraud and potential violations of the False Claims Act, Anti-Kickback Statute and the U.S. Foreign Corrupt Practices Act. Josh also regularly advises clients across a broad range of industries regarding corruption, sanctions, and money laundering risk assessments and due diligence matters related to various transactions and investments.
- Represented multinational medical device company in a DOJ and SEC investigation into alleged FCPA violations.
- Represented multinational pharmaceutical company in a DOJ investigation into alleged kickback and false claims violations.
- Conducted anti-corruption diligence and drafted related deal terms for investments and acquisitions by private equity firms and healthcare companies.
- Represented Chiquita Brands in interrelated litigation matters arising out of extortion payments made by Chiquita’s former subsidiary to armed groups in Colombia, including mass-tort claims under the Alien Tort Statute.
- Represented a leading technology company in a commercial dispute arising out of a national security review by the Committee on Foreign Investment in the United States (“CFIUS”).
- Represented the insured party in a major insurance coverage litigation involving issues of environmental liabilities in the defense contracting industry.
- Advised multinational companies on how to structure their foreign investments to protect against possible adverse government action.
- Advised leading microfinance organization on compliance with the U.S. Foreign Corrupt Practices Act in regards to operations in Azerbaijan.
- Represented Indian nationals against their former employer in litigation involving claims of human trafficking, fraudulent misrepresentation and breach of contract.
- Defended former government official in a criminal investigation concerning the official’s alleged theft of government property, resulting in a non-prosecution agreement.
- Represented a multinational company on corruption and sanctions issues in connection with a significant cross-border transaction.
- Co-author, “Anti-Corruption In Mexico: Reasons For Cautious Optimism,” Law360 (November 29, 2017)
- Co-author, “Is the Current Anti-Kickback Enforcement Environment Stifling Innovation in Health Care?” Bloomberg BNA’s Health Law Reporter (August 10, 2017)
- Co-author, “How Brazil's Corruption Crackdown Affects Health Care,” Law360 (May 17, 2017)
- Co-author, “No FCPA jurisdiction based solely on conspiracy and accomplice liability, court rules,” The FCPA Blog (April 22, 2016)
- Co-author, “VimpelCom Highlights Evolving Anti-Corruption Approach,” Law360 (March 10, 2016)
- Co-author, “PTC Inc. Reaches $28M Settlement with DOJ and SEC to Resolve China FCPA Allegations,” LexisNexis (March 4, 2016)
- Author, “Unbinding the Bound: Reframing the Availability of Sentence Modifications for Offenders Who Entered Into 11(c)(1)(C) Plea Agreements,” 111 Columbia Law Review 1004 (2011)