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Overview
Mark Thomas Carper is an associate in the Litigation Department and is based in the firm’s Chicago office. Mark represents corporate entities and their executives in connection with government and internal investigations into allegations of potential violations of the Foreign Corrupt Practices Act, federal Anti-Kickback Statute, health care fraud statutes and the federal False Claims Act. Mark also devotes substantial time toward assisting companies with preparing for potential enforcement activity, undertaking proactive risk assessments and compliance program reviews, and developing and enhancing corporate compliance programs.
Education
- Cornell Law School, J.D. (cum laude)
- University of California, Irvine, B.A. (summa cum laude)
Representations
- A multi-national medical device manufacturer in connection with its voluntary disclosure to the U.S. Department of Justice related to potential violations of the Anti-Kickback Statute.
- A national biologics distributor in connection with its receipt of a grand jury subpoena seeking the production of documents.
- A global rare disease biopharmaceutical manufacturer in connection with its receipt of a U.S. Department of Justice subpoena for production of documents pertaining to its marketing and promotion of a rare disease treatment, resulting in no civil or criminal penalties.
- A multi-national medical device manufacturer in connection with their voluntary disclosures to the U.S. Department of Justice related to potential violations of the Foreign Corrupt Practices Act in multiple jurisdictions, resulting in no civil or criminal penalties.
- A molecular diagnostics company before a state department of health and conducted an internal investigation related to whistleblower allegations of Medicare fraud and Anti-Kickback Statute violations.
- Conducted U.S. healthcare and global anti-bribery and anti-corruption-focused risk assessments and due diligence on behalf of multi-national medical device, biologics, molecular diagnostics and private equity portfolio companies.
- Drafted and revised global policies, procedures and trainings on numerous topics, including corporate governance, internal investigations, health care professional interactions, company training and events, third-party funding, patient support and distributor management.
Engagement & Publications
- Hosts and presents at meetings for the Chicago Bar Association YLS Health & Hospital Law Committee
- Author, "Revisiting Employee Communication Policies After DOJ Memo," Law360, October 13, 2022
- Author, "AdvaMed Code: Key Updates," Lexology, April 6, 2022
- Author, "PhRMA Code Update: A Spotlight on Speaker Programs," Lexology, September 15, 2021
- Author, "Med Device Case Highlights Physician IP Deal Best Practices," Law360, November 30, 2021
Involvement
- Vice Chair: Chicago Bar Association YLS Health & Hospital Law Committee (July 2024 - Present)
- Member: Federal Bar Association, Orange County Chapter, Young Lawyers Division Committee (May 2019 - August 2022)