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, Federal Food, Drug, and Cosmetic Act, 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.
- Representing medical device manufacturer in a DOJ investigation of alleged FDCA violations.
- Represented multinational pharmaceutical company in a long-running DOJ investigation into donations to charitable assistance foundations that provide financial assistance to Medicare patients.
- Advising multinational pharmaceutical company on false claims liability in connection with the design and operation of patient assistance programs.
- Represented multinational medical device company in a DOJ and SEC investigation into alleged FCPA violations related to operations in Eastern Europe and the Middle East.
- 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.
- 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.
- Co-author, “How much will US v. Hoskins impact FCPA coverage?,” The FCPA Blog (September 10, 2018)
- 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)