Thomas M. Gallagher is a partner with Pepper Hamilton LLP and chair of the firm’s White Collar Litigation and Investigations Practice Group. He also is immediate past vice chair of the firm’s Executive Committee. Mr. Gallagher represents clients in white collar criminal matters, corporate investigations and complex civil litigation.
Mr. Gallagher’s national practice is primarily focused in the health care industry. He represents pharmaceutical companies, medical device companies, hospitals, providers, physicians and other individuals. He also represents businesses and individuals facing investigation by federal and state law enforcement authorities, government regulatory agencies and congressional committees. For example, he has:
Mr. Gallagher is a frequent author and regular speaker at seminars and conferences. His recent publications and presentations include:
- represented major pharmaceutical companies in parallel federal criminal, civil and state attorney general investigations, as well as Foreign Corrupt Practices Act investigations
- represented medical device companies, surgeons and executives in criminal investigations involving off-label and kickback allegations
- conducted internal investigations for major pharmaceutical companies regarding the conduct of clinical trials, sales and marketing practices, pricing and other issues
- negotiated corporate integrity agreements for a pharmaceutical company and a skilled nursing facility
- represented a hospital facing criminal, civil and regulatory investigations by multiple federal and state agencies
- conducted an internal investigation for a hospital involving issues within the jurisdiction of the Food and Drug Administration
- represented a physicians group facing a State Attorney General investigation of anti-kickback violations
- conducted an investigation for a hospital involving Medicaid fraud and other government billing issues
- represented providers and manufacturers in investigations conducted by state Medicaid programs, Medicaid Inspectors General and Medicaid Fraud Control Units
- represented a food manufacturer in a criminal and regulatory investigation of environmental issues involving federal, state and county authorities
- represented a university in a criminal and civil litigation involving hazing allegations
- conducted an internal investigation for a client in the transportation industry involving employee embezzlement and other misconduct
- represented companies doing business with the government in qui tam matters under the Federal False Claims Act and State False Claims Acts
- represented a Department of Defense contractor in a congressional investigation conducted by the House Committee on Oversight and Government Reform
- represented a construction company in a government suspension and disbarment action
- counseled multiple clients in the health care industry on compliance programs
- represented an attorney in a Federal Election Campaign Act criminal matter
- represented multiple clients in criminal antitrust investigations
- represented a nonprofit corporation in an IRS criminal investigation
- represented companies, health care entities and individual clients who were targets of federal criminal and civil investigations and state investigations throughout the United States
- represented an individual before the Pennsylvania Board of Law Examiners
- obtained a pardon for a client from the Governor of Pennsylvania.
- “Enforcement Threat Against Individuals,” Pharmaceutical Regulatory and Compliance Congress and Best Practices Forum (November 5-7, 2012)
- “Home Health Care Compliance: On Maxim and the Senate Finance Committee” (co-author), BNA White Collar Crime Report, Vol. 6, No. 23 (November 18, 2011) and BNA Health Care Fraud Report (November 30, 2011)
- “Personal Accountability and Individual Liability of In-house Counsel and Chief Compliance Officers and Exclusions from Federal Health Programs – Best Practices to Avoid Individual Liability and Exclusion,” Pharmaceutical Regulatory and Compliance Congress and Best Practices Forum (November 2-4, 2011).
Mr. Gallagher is a former prosecutor in the criminal division of the U.S. Attorney’s Office in the Eastern District of Pennsylvania. He has led the investigation and prosecution of numerous complex, multi-defendant white collar criminal matters in a number of industries, including health care, insurance, financial services and defense. His most significant investigation resulted in the conviction of and civil settlement with Schering-Plough, which resulted in a combined civil and criminal fine of $345 million.
Mr. Gallagher has been recognized by numerous agencies for excellent performance. In 1999, he received the Director’s Award from the Attorney General for his work in investigating and prosecuting health care fraud cases. In October 2003, he received the Chief Postal Inspector’s Award, the agency’s highest award, for his outstanding prosecution of health care cases. In addition, Mr. Gallagher is listed in Chambers USA: America’s Leading Lawyers for Business, The International Who’s Who of Business Crime Defense Lawyers, The International Who’s Who of Business Lawyers and Who’s Who Legal: Investigations. He was selected as a Life Sciences Star in LMG Life Sciences in 2012 and 2013.
Mr. Gallagher received his undergraduate degree from the University of Pennsylvania in 1982, and his law degree, cum laude, from Villanova University School of Law in 1989, where he was editor-in-chief of the Villanova Law Review. He is a past president of the Villanova Law School Alumni Association.
Before he joined the U.S. Attorney’s Office in 1995, Mr. Gallagher served for six years as a trial lawyer and staff judge advocate for the U.S. Navy, and before that, served as a line officer on a destroyer. He retired as a Captain in the United States Naval Reserve, Judge Advocate General’s Corps.