Gary F. Giampetruzzi

Partner, Litigation Department

New York

T 1(212) 318-6417

F 1(212) 230-7817

Gary Giampetruzzi is a partner in the Investigations and White Collar practice in the Litigation Department of Paul Hastings, based in the firm’s New York office. Mr. Giampetruzzi routinely advises clients on day-to-day compliance matters, and represents corporations in high-profile federal and state investigations, including those involving federal and state False Claims Act (qui tam suits), State Attorney General consumer protection statutes, the Foreign Corrupt Practices Act (“FCPA”), and oversees other complex civil and criminal litigation matters. While his practice cuts across numerous sectors, including defense, energy and private equity, Mr. Giampetruzzi possesses particularly deep experience in the life sciences sector, representing many of the world’s most prominent biotech, pharmaceutical, and medical device companies.

Prior to joining Paul Hastings, Mr. Giampetruzzi most recently served as Vice President, Assistant General Counsel and Head of Government Investigations at Pfizer Inc, with responsibility for government investigations across the company’s multiple business units and operations globally, and associated government litigation with U.S. and international prosecutor offices. He was previously a Deputy Compliance Officer responsible for international compliance investigations and programs with responsibility for the implementation and maintenance of compliance programs and systems across the company's international operations, with an enhanced focus on emerging markets.

Mr. Giampetruzzi has extensive experience with all facets of the anti-corruption and FCPA landscape. He has been a leader in this growing area of practice for almost two decades, having led the development of cutting edge compliance programs and measures, conducted and overseen hundreds of internal investigations, and been on the ground in more than 40 markets worldwide (including Asia, Africa, Europe, the Middle East, and Latin America). He was instrumental in the development of proactive market review approaches that have been incorporated into recent government resolutions, and acquisition due diligence techniques that were cited in the Justice Department’s FCPA Guidance document. He has the proven and longstanding ability to provide end-to-end support, from front-end compliance counseling and program build-outs and enhancements, to the efficient conduct of global internal investigations, and the defense of companies before U.S. and international authorities, while keeping an appropriate eye towards the increasing risk of follow-on civil litigation.

On the U.S. healthcare side, Mr. Giampetruzzi provides day-to-day compliance counseling around program design, monitoring and proactive testing, and conducts internal investigations regarding a variety of issues, including those involving anti-kickback and off-label promotion laws, patient support programs, and specialty pharmacies. He has overseen several of the more significant government investigations in the pharmaceutical industry in recent years, as well as the defense and resolution of numerous whistleblower qui tam suits involving claims under the False Claims Act and related state statutes. Mr. Giampetruzzi has more recently been asked by pharmaceutical companies to defend their practices associated with patient support programs and specialty pharmacies in connection with federal investigations by several prominent prosecutor offices.

Mr. Giampetruzzi is highly regarded by counsel, healthcare industry insiders, and regulators for his strategic thinking and sound judgment. He understands how to engage appropriately with the regulators, and how to litigate effectively when is needed. He brings unique experience and perspective to each client representation, having himself been the client for more than a decade at one of the largest multi-national corporations in the world. During that time, he partnered closely with business colleagues, and helped navigate a complex organization through some of the most significant compliance and enforcement issues faced in the pharmaceutical industry. As a senior leader, Mr. Giampetruzzi routinely operated at executive leadership team and board levels, and understands from his firsthand experience that the particular needs of each client and circumstance are different, and that the approach and solutions must be too. He genuinely appreciates the pressures and realities facing clients and in-house counsel, and works with them to understand and achieve their specific goals.

Experience

Representing a multinational pharmaceutical company in connection with its global anti-corruption / FCPA due diligence associated with its US$16 billion acquisition of another pharmaceutical and medical device company.
Representing a multinational pharmaceutical company in connection with its global anti-corruption / FCPA due diligence associated with its US$16 billion acquisition of the vaccines business of another pharmaceutical company, divestiture of its oncology business, and a consumer healthcare joint venture.
Representing a small pharmaceutical company in connection with FDA and government investigations across multiple prosecutor offices into drug registry, off-label promotion, and patient support program issues.
Representing a mid-sized pharmaceutical company in connection with a federal investigation into patient support program, pricing, and specialty pharmacy issues.
Development of enhanced online anti-corruption training curriculum and revised global anti-corruption policies and procedures for a global private equity firm.
Oversaw the negotiations, finalization of terms and preparations for the announcement of the landmark US$2.3 billion Bextra civil and criminal, off-label promotion and kickback investigations with the Boston, Philadelphia, and other U.S. Attorney’s Offices, Main Justice, HHS OIG, and State Medicaid Fraud Control Units (largest criminal case in history at the time).
Oversaw the US$491 million Rapamune civil and criminal, off-label promotion investigation with the Western District of Oklahoma U.S. Attorney’s Office, Main Justice, HHS OIG, and State Medicaid Fraud Control Units.
Oversaw the negotiation and resolution of the grand jury investigation into the promotion of the $10 billion in sales, drug Protonix by the Boston U.S. Attorney’s Office, achieving a novel, civil-only resolution entailing US$55 million in disgorgement under the Food, Drug, & Cosmetics Act.
Oversaw internal investigations and associated voluntary disclosures under the FCPA for a pharmaceutical company involving numerous markets around the world to the U.S. Department of Justice and SEC, and certain foreign authorities, beginning in 2004, and concluding in 2012. Secured a full declination for the parent company, a deferred prosecution agreement for the relevant corporate subsidiary, no imposition of an independent monitor, and explicit government recognition of the company’s compliance efforts.
Oversaw the acquisition due diligence, resultant internal investigations in numerous markets and associated voluntary disclosures to the U.S. Department of Justice and SEC, which resulted in a full declination for the parent company and subsidiaries, and a purely civil resolution.
Defended a pharmaceutical company against government inquiries and investigations by the Chinese Administration of Industry and Commerce (“AIC”) in Beijing, Shanghai, and other cities and provinces across China.
Oversaw the successful resolution of several individual State Attorney General and multi-state AG coalition matters, including the US$33 million consumer protection settlement with a coalition of 44 states around the promotion of Geodon, and the US$45 million consumer protection settlement with a coalition of 34 states around the promotion of Zyvox and Lyrica.

Accolades and Recognitions

Mr. Giampetruzzi brings creative lawyering to bear on each of his client’s challenges, with some of the compliance approaches he developed having become a best practice (e.g., proactive FCPA market reviews, now routinely in government resolutions), and even being cited in the U.S. government’s FCPA guidance document (e.g., FCPA acquisition due diligence).
Ethisphere 2015, “Attorneys Who Matter,” Specialists – Private Practice

Speaking Engagements and Publications

Mr. Giampetruzzi is a frequent and well-recognized speaker at industry conferences on a variety of white collar defense topics, including global compliance programs, government investigations, state and federal U.S. healthcare enforcement, and the Foreign Corrupt Practices Act.
Program Faculty, Seton Hall Law School, U.S. Healthcare Compliance Program
Moderator: FCPA Enforcement Update Panel, 19th Annual Pharmaceutical and Medical Device Compliance Congress (November 2018)

Publications

Co-author, “The rise of anti-corruption whistleblowers in Latin America” Global Investigations Review, December 7, 2018
2nd edition of the AHLA/FDLI Compliance Pharmaceutical and Medical Device Compliance Manual. Foreign Corrupt Practices Act (2015)
What Comes Next? Against the Backdrop of the Yates Memo, Novartis Announces a $390M Healthcare Settlement (November 2015)
Your Joint Venture In Fact Can Be Your Problem: Bristol Meyers Squibb Pays $14m to Resolve FCPA Allegations (October 2015)
Inside Out: The SEC Awards $1 Million Plus to Yet Another Compliance Professional Turned Whistleblower (May 2015)
Not Finished With You Yet – The US Government Extends Its Differed Prosecution Agreement With Biomet, Inc., Again underscoring the FCPA Risks in Life Sciences (March 2015)
Here We Go Again – The U.S. Government Brings Home Another FCPA Case Against a Life Sciences Company (November2014)
SEC Sends a $30 Million-Plus Warning to Companies: Beware of the Foreign Whistleblower (September 2014)
Legislative Reform of China's Healthcare Sector Targets Corruption: Implications for Multinational Companies (August 2014)

Education

Saint John’s University School of Law, J.D., 1993
New York Institute of Technology, B.S.E.E., 1990

Rankings & Awards

Recognized in the Global Investigations Review’s GIR 100 for 2018

Paul Hastings was again ranked in Global Investigations Review’s GIR 100, a ranking of 100 firms from around the world able to handle sophisticated cross-border government-led and internal investigations.

Building off rankings in consecutive years, the firm maintained a ranking in GIR's Top 25 list of law firms working in complex global investigations. The following attorneys were noted in the editorial profiling the firm: Ken Breen, Simon Airey, Bruno Cova, Jay Darden, Tim Dickinson, Nat Edmonds, Gary Giampetruzzi, Tara Giunta, Corinne Lammers, Michael Levy, Robert Luskin, Kwame Manley, Morgan Miller, Francesca Petronio, Jamie Gardner, Samuel Cooper, Jennifer Riddle, and Thomas Zaccaro.

November 02, 2018

Recognized as LMG Life Sciences Stars for 2018
Paul Hastings was recognized in the 2018 edition of LMG Life Sciences, with Highly Recommended rankings for General Patent Litigation and Hatch-Waxman Branded Litigation. LMG Life Sciences selected seven individual lawyers as "Life Sciences Stars," including Eric Dittmann, Gary Giampetruzzi, Naveen Modi, Joseph O’Malley, Chad Peterman, Preston Ratliff, and Bruce Wexler. Earlier this year, LMG Life Sciences honored the firm with the LMG Life Sciences award for Hatch-Waxman Litigation Firm of the Year – Branded.
October 12, 2018

Recognized as Law360 Practice Group of the Year in Life Sciences
Paul Hastings was named as a Practice Group of the Year in Life Sciences by Law360. The article noted Paul Hastings’ undefeated track record in life sciences cases at the Patent Trial and Appeal Board, including victories on behalf of Acorda Therapeutics, which won four inter partes reviews against Kyle Bass’ Coalition for Affordable Drugs. Law360 also highlighted the representation of Galena Biopharma in a civil-only settlement resolving investigations regarding Galena’s past promotional practices for Abstral, a rapid onset opioid product. The winners were chosen from nearly 750 submissions, and are recognized as "firms that racked up victories in litigation and closed the big deals to make their mark among clients and throughout the legal industry."
February 01, 2018

Global Investigations Review’s GIR 100 for 2017
Paul Hastings was again ranked in Global Investigations Review’s GIR 100, a ranking of “100 firms from around the world able to handle sophisticated cross-border government-led and internal investigations. Building off rankings in consecutive years, the firm moved up more than 10 spaces to break GIR's Top 20 list of law firms working in complex global investigations. The following attorneys were noted in the editorial profiling the firm: Ken Breen, Simon Airey, Bruno Cova, John (Jay) Darden, Tim Dickinson, Nat Edmonds, Gary Giampetruzzi, Tara Giunta, Corinne Lammers, Robert Luskin, Kwame Manley, Morgan Miller, John Nowak, Francesca Petronio, Jamie Gardner, and Jennifer Riddle, and Thomas Zaccaro.
October 27, 2017

Global Investigations Review's Most Impressive Investigations Practice
Paul Hastings was named 2017’s “Most Impressive Investigations Practice” by Global Investigations Review (GIR). Paul Hastings also was ranked in the top 20 of the GIR 100, an annual guide to the world’s leading cross-border investigations practices. According to GIR, “Paul Hastings has had a particularly impressive year,” further noting the firm’s representation Braskem in a landmark $957 million global settlement with authorities in Brazil, Switzerland, and the United States; the firm’s work in helping medical device company Orthofix secure its FCPA settlementin the U.S; and construction company CDM Smith secure an FCPA Pilot Program declination. GIR further noted that “Paul Hastings outshines competitors in part by the sheer number of star lawyers on its white-collar team.
October 26, 2017

Ethisphere Magazine’s Attorneys Who Matter for 2017
Gary Giampetruzzi and Palmina Fava were named to Ethisphere magazine’s 2017 Attorneys Who Matter among specialists in Private Practice category.
October 25, 2017

Recognized as LMG Life Sciences Stars for 2017
Paul Hastings was recognized in the 2017 edition of LMG Life Sciences, with Highly Recommended rankings for General Patent Litigation and Hatch-Waxman Branded Litigation. LMG Life Sciences selected seven individual lawyers as "Life Sciences Stars," including Joseph O’Malley, Bruce Wexler, Gerald Flattmann, Naveen Modi, Chad Peterman, Eric Dittmann, and Gary Giampetruzzi.
October 06, 2017

Recognized as LMG Life Sciences Stars for 2016
Paul Hastings was recognized in the 2017 edition of LMG Life Sciences, with Highly Recommended rankings for General Patent Litigation and Hatch-Waxman Branded Litigation. LMG Life Sciences selected six individual lawyers as "Life Sciences Stars," including Joseph O’Malley, Bruce Wexler, Gerald Flattmann, Gary Giampetruzzi, Naveen Modi, and Eric Dittmann.
November 30, 2016

Global Investigations Review’s GIR 100 for 2016
Paul Hastings was again ranked in Global Investigations Review’s GIR 100, a ranking of “100 firms from around the world able to handle sophisticated cross-border government-led and internal investigations. The following attorneys were noted in the editorial profiling the firm: Ken Breen, Bruno Cova, John (Jay) Darden, Tim Dickinson, Michelle Duncan, Gary Giampetruzzi, Tara Giunta, Corinne Lammers, Robert Luskin, Kwame Manley, John Nowak, Francesca Petronio, Ashley Winton, Jamie Gardner, and Jennifer Riddle, and Thomas Zaccaro.
September 29, 2016

Global Investigations Review’s GIR 100 for 2015
Paul Hastings was ranked in the first edition of Global Investigations Review’s GIR 100, a ranking of “100 firms from around the world able to handle sophisticated cross-border government-led and internal investigations.” The following attorneys were noted in the editorial profiling the firm: Ken Breen, Bruno Cova, John Darden, Tim Dickinson, Michelle Duncan, Gary Giampetruzzi, Tara Giunta, Corinne Lammers, Robert Luskin, Kwame Manley, Paul Monnin, John Nowak, Francesca Petronio, Ashley Winton, Jamie Gardner, and Jennifer Riddle.
September 18, 2015

Ethisphere Magazine’s Attorneys Who Matter for 2015
Palmina Fava and Gary Giampetruzzi were named to Ethisphere magazine’s 2015 Attorneys Who Matter listing in the Specialists – Private Practice category.
June 16, 2015

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Gary F. Giampetruzzi

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