DAVID LUDLOW concentrates his practice on representing life science and other corporations in white collar criminal matters, including internal investigations, government enforcement actions, and litigation. These investigations and related enforcement actions involve a range of subjects, including marketing practices, clinical trials, product diversion, pricing and reimbursement, government contracts, and qui tam litigation.
David has significant experience conducting internal investigations in both the U.S. and abroad and advising U.S. and non-U.S. companies in international enforcement matters, including Foreign Corrupt Practices Act (FCPA) investigations, and has represented clients in various enforcement matters before the U.S. Department of Justice, the U.S. Securities & Exchange Commission, and Health and Human Services Office of Inspector General.
His practice includes counseling corporations about their corporate compliance programs and conducting program reviews, risk assessments, employee training, M&A and contractor due diligence, and policy/procedure development.
Representative Engagements:
- Represents major pharmaceutical companies in several ongoing or concluded DOJ and SEC FCPA investigations.
- Represents major pharmaceutical and other companies in numerous internal FCPA investigations, involving countries in Eastern Europe, Asia, the Middle East, and Latin America (e.g., Argentina, Brazil, Belarus, Belgium, Bulgaria, China, Georgia, Germany, Greece, Iran, Libya, Malaysia, Poland, Russia, Saudi Arabia, Turkey, Ukraine, Venezuela).
- Represents major pharmaceutical company in DOJ and State AG investigations involving off-label promotion and kickbacks.
- Represents major pharmaceutical company in DOJ, OIG, and qui tam matters related to clinical trial practices.
- Represented major pharmaceutical and life sciences companies in separate DOJ product diversion/fraud investigations.
- Represented major pharmaceutical company in Oil-for-Food, OFAC, and anti-boycott investigations.
- Represented oil services company in joint DOJ, Navy, and Department of Commerce export controls investigation.
- Represented big-four accounting firm in multiple SEC stock option and mortgage backed securities investigations.
- Represented major insurance company in DOJ and SEC investigation involving finite reinsurance.
- Represented defense contractors in several contracting fraud investigations.
- Represented individual defendant in criminal bribery prosecution (D.D.C. Case No. 1:06-cr-00249).
Publications
- Noted contributor to chapter by Karen A. Popp and Kristin Graham Koehler, “Motions: Bail, Dismissal, Venue, Suppression, and Severance,” Defending Federal Criminal Cases – Attacking the Government’s Proof (Law Journal Press 2006).
- Noted contributor to article by J. Daniel Chapman, Eric F. Hinton, J. Scott Mayberry, and Thaddeus R. McBride, “International Export Controls and Economic Sanctions,” 40 The Int’l Lawyer 145 (Summer 2006).
- David J. Ludlow, “Preventive Peacemaking In Macedonia: An Assessment of UN Good Offices Diplomacy,” 2003 BYU L. Rev 761.