People

Karen F. Green

Partner

Green, Karen F.

Karen Green is a partner in the firm's Litigation/Controversy Department and a member of its Investigations and Criminal Litigation, False Claims Act and Life Sciences Practice Groups. She chaired WilmerHale's Litigation Department from 2004 to 2007, and Hale and Dorr’s Litigation Department from 2002 to 2004.

Practice

Ms. Green's practice concentrates on complex business litigation, including the defense of white-collar criminal and False Claims Act litigation. She has extensive experience representing companies in high-stakes government investigations and litigation of alleged fraud, bribery, conspiracy and violations of federal statutes, including the Anti-kickback Statute, the Food Drug and Cosmetic Act, the Foreign Corrupt Practices Act, the Export Control Act and securities laws. At the request of corporate clients, she also has conducted numerous internal investigations of alleged wrongdoing and has advised their boards on compliance issues.

From 1993 to 1996, Ms. Green was the Deputy US Attorney for the federal District of Massachusetts. She supervised the investigation and prosecution of criminal cases and the litigation of civil cases on behalf of the United States. She also led the office's civil and criminal health care fraud enforcement program and served on the Department of Justice's National Health Care Fraud Working Group.

Ms. Green first joined legacy Hale and Dorr as a litigation associate in 1982. From 1984 through 1986, she served as an assistant US attorney in the Civil Division of the US Attorney's Office in Boston. She was appointed deputy chief of the Civil Division in June of 1986, and successfully obtained summary judgment on behalf of the EPA in a lawsuit compelling the cleanup of Boston Harbor. In January of 1987, Ms. Green returned to Hale and Dorr. She was elected to junior partnership in 1988, and to senior partnership in 1990.

In 1993, Massachusetts Governor William F. Weld appointed Ms. Green his chief of staff. She co-chaired governor-elect Weld's transition team for the Executive Office of Health and Human Services in late 1990 and early 1991.

Ms. Green is admitted to practice in the Commonwealth of Massachusetts, the US District Court for the District of Massachusetts, the US Court of Appeals for the First Circuit, the US Court of Appeals for the Federal Circuit and the US Supreme Court.

Ms. Green received her JD, cum laude, from Harvard Law School, and is a magna cum laude graduate of Harvard and Radcliffe Colleges, where she was elected to Phi Beta Kappa. She served as a law clerk to US District Court Judge W. Arthur Garrity, Jr.

Honors & Awards

  • Selected by her peers for inclusion in The Best Lawyers in America in 2008, 2009, 2010, 2011, 2012 and 2013 in the area of white-collar criminal defense
  • In the 2011-2012 Best Law Firm rankings by U.S. News and Best Lawyers, a client described Ms. Green as "very bright, knowledgeable, and direct."
  • Recognized as a leader in litigation, specifically in white-collar crime and government investigations, in each edition of Chambers USA: America's Leading Lawyers for Business since 2005
  • Selected in 2011 as one of "Top Women of Law” by Massachusetts Lawyers Weekly
  • Listed as a "leading lawyer" in the field of government enforcement & investigations law by the PLC Cross-border Life Sciences Handbook, 2009/2010
  • Selected for inclusion in The International Who's Who of Business Crime Lawyers in 2008, 2009, 2011, 2012 and 2013
  • Listed in the summer 2006 edition of Lawdragon magazine for her work on behalf of pharmaceutical, medical device and other health care companies
  • Named a "New England Super Lawyer" (formerly "Massachusetts Super Lawyer") in white-collar criminal defense in the 2005, 2006, 2007, 2008, 2009, 2010, 2011 and 2012 issues of Boston Magazine. Ranked among the "Top 50 Female Massachusetts Super Lawyers" in 2004 and 2006, and as one of the "Top 100 Massachusetts Super Lawyers" in 2004 and 2005
  • Honoree, Granada House Annual Dinner, 2002, for pro bono legal work on behalf of group home for disabled persons
  • Recipient of the 2001 Women's Business Hall of Fame Award in the professional category
  • Recipient of the Patriots' Trail Girl Scout Council, Inc.'s Leading Women 2000 Award
  • Recipient of the Park Street Forum's Award for Outstanding Service to the City of Boston in 1997
  • Profiled as one of Boston's Top Women Lawyers, The Boston Globe, 1996

Publications & News

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January 2, 2013

The False Claims Act: 2012 Year-In-Review

The upward trends in False Claims Act (FCA) enforcement that we described in our 2011 Year-In-Review continued in 2012. In the fiscal year that ended on September 30, 2012, the U.S. Department of Justice (DOJ) secured $4.9 billion in FCA settlements and civil judgments, beating the previous record by more than $1.7 billion. Federal FCA recoveries since January 2009 add up to $13.3 billion, which is the largest four-year total in DOJ history. Our full review is available in PDF format.

December 4, 2012

Second Circuit Invalidates Misbranding Conspiracy Conviction on First Amendment Grounds

November 28, 2012

Partner Karen Green Contributes to Breaking Barriers

October 31, 2012

Affordable Care Act Litigation: The Next Round

An article by Jonathan Cedarbaum, Karen Green, Thomas Strickland, David Ogden and Randolph Moss, published in Bloomberg BNA's Health Insurance Report, Vol. 18, No. 43.

October 18, 2012

Affordable Care Act Litigation: The Next Round

June 7, 2012

Chambers USA 2012 Final Results Announced

March 30, 2012

Chambers USA 2012 Preliminary Results Announced

March 12, 2012

Practical Law Company Names WilmerHale to 2012 Life Sciences Super League

February 17, 2012

George Mykulak Named Fellow of Litigation Counsel of America

January 6, 2012

The False Claims Act: 2011 Year-In-Review

Recent Highlights

As select examples, Ms. Green has represented:

  • an Internet search and technology company in a grand jury investigation of alleged aiding and abetting of unlawful conduct by Canadian online pharmacies;
  • a device manufacturer in connection with the resolution of claims that it had breached a deferred prosecution agreement;
  • a public company in a grand jury investigation of alleged government program fraud;
  • a former officer of a major public company in an FCPA investigation;
  • a major pharmaceutical company in parallel criminal and civil investigations of alleged off-label promotion and improper payments in connection with the marketing of six drugs, and assisted it in globally resolving those investigations, four related qui tam actions, and related administrative claims;
  • a medical device manufacturer in a grand jury investigation by the US Attorney for the District of New Jersey and assisted it in globally resolving the government’s criminal, civil and administrative claims;
  • a major medical device manufacturer in a six-year, grand jury investigation by the United States Attorney's Office in Boston into the distribution of an allegedly adulterated and misbranded stent delivery system; the matter was resolved on a civil basis and neither the company nor two officers, who had been designated as targets, were indicted;
  • a defense contractor in a qui tam action, which was dismissed with prejudice, under the False Claims Act;
  • a third party billing company in parallel civil and criminal investigations by the US Attorney for the Southern District of New York of alleged Medicare and Medicaid fraud;
  • a supplier of durable medical equipment in a grand jury investigation by the US Attorney for the Southern District of Florida of alleged Medicare fraud;
  • multiple former employees in civil and criminal investigations by the US Attorney for the District of Massachusetts of alleged off-label marketing of a drug;
  • an office products supplier in a qui tam False Claims Act suit filed in the District of Columbia allegedly arising from the sale of office supplies to the US government that originated from impermissible countries under the Buy American Act;
  • a medical device manufacturer in an investigation by the US Attorney for the District of Massachusetts arising from the sale of allegedly defective blood analyzers to the US Army;
  • a medical device manufacturer in an investigation by the US Attorney for the District of Columbia of alleged violations of the Export Control Act;
  • a printed circuit board manufacturer in a criminal case charging violations of the federal Clean Water Act;
  • the former President and CEO of a health insurer in a federal grand jury investigation;
  • a company's former CEO and director in parallel civil, criminal and Congressional investigations of alleged improprieties in government contracting;
  • a national retailer in parallel civil and criminal proceedings alleging bankruptcy and mail fraud; and
  • various companies in corporate internal investigations.

Professional Activities

Ms. Green is a director, chair of the Finance committee, and member of the Executive and Audit committees of CareGroup, Inc., an organization of teaching and community hospitals, physician groups and other caregivers. She also is a trustee of Massachusetts Eye and Ear, a trustee and executive committee member of the Massachusetts Taxpayers Foundation, a director of the Harvard Club of Boston, and a fellow and state delegate co-chair of Litigation Counsel of America. She formerly served as a director of Fiduciary Trust Company and as a trustee of The Fenn School.

Ms. Green was appointed to a special commission charged with investigating allegations of inmate abuse and financial mismanagement at the Suffolk County Sheriff's Department. She also formerly served as: vice chair of the Massachusetts Supreme Judicial Court's Committee on Pro Bono Legal Services; a member of the First Circuit Court of Appeals’ Advisory Committee on the rules of practice and internal operating procedures, the First Circuit Court of Appeals' Gender Bias Committee, the US District Court's Committee to Revise the Local Criminal Rules, the US District Court's Committee on Alternative Dispute Resolution, the Boston Bar Association Council, and the Executive Committee of the Massachusetts Judicial Nominating Council; a director of the Harvard Alumni Association, the Boston Club, and the Children's Trust Fund; an instructor in Harvard Law School's Trial Advocacy Workshop and the United States Attorney General's Advocacy Institute; a trustee of the Boston Bar Foundation; and chair of the Boston Bar Association's Federal Practice and Procedure Committee.

Practices

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Education

JD, cum laude, Harvard Law School, 1981

AB, magna cum laude, Harvard University, 1978, Phi Beta Kappa

Bar Admissions

Massachusetts

United States Supreme Court

Clerkships

The Hon. W. Arthur Garrity Jr., US District Court for the District of Massachusetts, 1981 - 1982