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Barry H. Boise

Barry H. Boise, a partner and vice chair of the firm’s Health Effects Litigation Practice Group, defends and counsels pharmaceutical, medical device and life sciences companies. He is a leader of the firm’s multidisciplinary Life Sciences practice, and serves on the firm’s Finance and Alternative Fee Committees. He is a Fellow of the American Bar Foundation.

Mr. Boise has:

  • defended, as national and trial counsel, pharmaceutical and medical device companies in products liability, consumer fraud and class actions for medicines or devices, including anti-psychotics, anti-depressants, diabetes treatments, and cardiovascular medical devices; extensive experience includes multidistrict litigation, state court coordinated proceedings and individual cases filed throughout the United States
  • defended multiple, high-profile actions brought by state Attorneys General against pharmaceutical companies, alleging Medicaid fraud, unfair trade practices and consumer protection violations
  • defended pharmaceutical companies in lawsuits brought by governmental and private insurers
  • represented pharmaceutical manufacturers in resolving federal NAMFCU and multistate Attorneys General investigations concerning sales, marketing and manufacturing practices
  • defended a large hospital and physician network as lead litigation counsel in payment disputes with Medicaid and commercial payors
  • defended a physician practice group responding to an OIG and U.S. Department of Justice Medicare billing investigation; negotiated settlement and corporate integrity agreement, and managed press relations
  • conducted early case assessment and product risk assessments for products subject to potential litigation and products in development
  • counseled pharmaceutical companies in the negotiation and implementation of in-licensing, co promotion and contract research organization arrangements
  • counseled pharmaceutical and medical device companies regarding regulatory and litigation risks presented by pharmacogenomics or personalized medicine, and the launch of new products and emerging technologies
  • counseled businesses performing corporate due diligence in mergers, acquisitions and other transactions involving pharmaceutical, medical device or life sciences businesses
  • counseled medical device and pharmaceutical companies concerning product labeling, instructions for use, and other health care interactions.
Mr. Boise is a frequent writer and speaker on matters affecting the life sciences industry, including litigation prevention, regulatory compliance and settlement strategies. He contributed a chapter on “Recognizing (and Avoiding) Traps for the Unwary” in Winning Legal Strategies for Life Sciences Settlements and Negotiations, published by Aspatore Books (2006).

Recent presentations by Mr. Boise include:

  • “Anatomy of a Products Liability Case,” ABA Biotech Regional Workshop - Massachusetts Biotechnology Council (June 12, 2014)
  • “Impact of EHRs on the Medical-Legal-Regulatory Framework and the ‘Duty-to-Warn’ Landscape,” PDR Network’s PharmaEHR Summit (March 20-21, 2012)
  • “Responding to State Attorneys General Investigations,” 12th Annual Pharmaceutical Regulatory & Compliance Congress & Best Practice Forum (November 2-4, 2011)
  • “Life Sciences Companies Developing or Marketing Medicines or Medical Devices,” Pepper Hamilton LLP Life Sciences Speaker Series (January 28, 2011)
  • “Recent State and Federal Enforcement Activities – Lessons for Life Science Companies Developing or Marketing Medicines or Medical Devices,” Pepper Hamilton LLP Life Sciences Speaker Series (September 30, 2010 and October 19, 2011)
  • “Off-Label Communications: Evaluating and Revamping Compliance Protocols in the Wake of Unprecedented Settlements,” American Conference Institute’s 7th National Forum (July 2010)
  • “Compliance Issues Facing Bioscience Companies,” 2010 Association of Bioscience Financial Officers Annual Conference (May 2010)
  • “Square Pegs & Round Holes: Update on State Attorney General Litigation Against Manufacturers of Atypical Antipsychotic Medications,” HB Litigation Conference on Defense Perspective on Attorney General Pharmaceutical Claims (February 2009)
  • “Picking up Where the Federal Government Left Off: The States’ Growing Interest in Regulating Drug Promotion,” ACI’s 7th Annual Corporate Counsel Forum on Advertising and Promotions for the Pharmaceutical Industry (November 2008)
  • “Defense Perspectives on Attorney General Pharmaceutical Claims,” LexisNexis Teleconference (June 2008)
  • “Factoring New State Enforcement Priorities into the Fraud and Abuse Analysis,” ACI’s 8th National Forum on Fraud & Abuse in the Sale and Marketing of Drugs (April 2008).
Mr. Boise is recommended in the 2014 edition of The Legal 500 United States.

Mr. Boise joined Pepper in 1995. He received his law degree from the Dickinson School of Law in 1991. Before joining the firm, Mr. Boise served as a law clerk to the Honorable Frank J. Montemuro, Jr. of the Pennsylvania Superior and Supreme Courts, and practiced at the law firm of Cohen, Shapiro. His civic activities have included mentoring a local high school student through the Philadelphia Futures organization, and coaching youth soccer and baseball. He also has served on the executive board of a local religious organization. Mr. Boise is a member of the Pennsylvania and New Jersey bars.



Education
B.A. 1988, cum laude, University of Delaware
J.D. 1991, cum laude, Dickinson School of Law; associate editor, Dickinson Law Review

Clerkships
1991-93 Law Clerk to Hon. Frank J. Montemuro, Jr., Pennsylvania Superior and Supreme Courts

Bar Admissions
Admitted to practice in Pennsylvania and New Jersey


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