Mark Gaioni focuses his practice on complex civil litigation, white collar criminal defense, and government and internal investigations. Mark has represented clients in criminal and civil matters involving the False Claims Act, the Anti-Kickback Statute, the Controlled Substances Act, the Foreign Corrupt Practices Act, and class action products liability claims.
Mark maintains an active pro bono practice, serving as the team lead for income supports matters under the firm’s Medical-Legal Partnership pro bono initiative.
- Represented major pharmaceutical company in False Claims Act litigation involving allegations off-label promotion and speaker program kickbacks, resulting in dismissal at summary judgment in federal district court and complete affirmance on appeal.
- Defended major life sciences company against multiple class action and individual lawsuits alleging products liability claims and violations of state consumer protection statutes. Helped to achieve complete dismissal of class action claims in federal district court.
- Represented major pharmaceutical company in intervened False Claims Act litigation involving allegations of fraudulent Medicaid price reporting.
- Represented major pharmaceutical manufacturer in potential civil penalties action by United States Attorney's Office for alleged regulatory reporting violations.
- Representing managed Medicaid health plan in False Claims Act litigation involving allegations of kickbacks to providers and failure to apply adequate utilization review controls.
- Representing large, publicly held consumer goods company in defending against securities claims brought by shareholders.
- Represented multinational pharmaceutical company in wide-ranging investigation of foreign bribery allegations by US and foreign authorities.
- Commonwealth v. Celester - Counsel for Massachusetts Association of Criminal Defense Lawyers in amicus brief addressing the right to effective assistance of counsel in pre-arraignment custodial interrogation.
- “Federal Anticorruption Law in the State and Local Context: Defining the Scope of 18 U.S.C. § 666,” 46 Columbia Journal of Law and Social Problems 207 (2012)