People

Emily R. Schulman

Partner

Schulman, Emily R.

Emily Schulman has extensive trial and appellate experience in white-collar matters. She has briefed and argued dozens of cases before the United States Courts of Appeals, and has tried more than 20 jury trials in the United States District Courts. Her practice focuses on internal and governmental investigations and white collar defense. Prior to joining private practice, Ms. Schulman served as an Assistant United States Attorney in the US Attorney's Office in Massachusetts.

For more than a decade, Ms. Schulman served as an Assistant United States Attorney in the US Attorney's Office in Massachusetts, investigating and prosecuting economic and white-collar fraud, money laundering and tax violations, and political and public corruption cases. She has extensive experience representing companies, boards of directors and their committees, and individuals in internal investigations, criminal litigation, government enforcement actions, and federal and state grand jury investigations involving allegations of healthcare fraud, false claims, economic fraud and securities violations.

Honors & Awards

  • Selected by her peers for inclusion in the 2014 and 2015 editions of the Best Lawyers in America for her work in Criminal Defense: White-Collar.
  • Recognized as a leading attorney in the 2013, 2014 and 2015 editions of The International Who’s Who of Business Crime Defence Lawyers, with a source recently saying she is a "very talented trial lawyer." Selected by clients and peers as being among the world's leading investigations lawyers in the 2015 edition of Who's Who Legal: Investigations.
  • Named a "Life Sciences Star" for outstanding government enforcement/investigations work in the 2012, 2013 and 2014 editions of LMG Life Sciences.
  • Selected as a Fellow of the Litigation Counsel of America, a peer-nominated, invitation only Trial Lawyer Honorary Society.

Publications & News

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October 17, 2014

Manufacturing Trouble: Is cGMP the Next Enforcement Frontier?

An article by Emily Schulman, Michael Bayer and Joshua Sharp, published in the October 17, 2014 edition of Bloomberg BNA's Pharmaceutical Law & Industry Report, Vol. 12, No. 41.

August 28, 2014

LMG Life Sciences Honors Firm, Attorneys with Top Rankings for Third Consecutive Year

The 2014 edition of LMG Life Sciences has been released, and it includes the recognition of nine WilmerHale practice areas and 17 attorneys.

February 24, 2014

Fourth Circuit Holds cGMP Violations Do Not Create False Claims Under Medicare and Medicaid

In the first appellate decision of its kind, the U.S. Court of Appeals for the Fourth Circuit held on February 21, that because compliance with the Food and Drug Administration’s Current Good Manufacturing Practices (cGMP)  regulations is not a precondition for reimbursement under Medicare and Medicaid, violations of the cGMP regulations by themselves cannot form the basis for False Claims Act claims under those programs.

August 15, 2013

Best Lawyers in America® 2014 Recognizes Nearly 100 WilmerHale Partners, Naming Eight “Lawyer of the Year”

Nearly 100 WilmerHale lawyers have been selected for inclusion in the 20th edition of The Best Lawyers in America®—a respected peer-review publication in the legal industry.

June 17, 2013

WilmerHale Earns Top Rankings in LMG Life Sciences Guide

The 2013 edition of LMG Life Sciences has been released, and it includes the recognition of nine WilmerHale practice areas and 17 attorneys.

March 11, 2010

FDA Plans to Increase Strict Liability Criminal Prosecutions of Corporate Executives

November 13, 2007

WilmerHale Names New Partners and Counsel for 2008

Recent Highlights

  • Persuaded US Attorney’s Office to decline to bring criminal or civil charges against a multinational pharmaceutical company in a multi-year health care fraud investigation;
  • Represented multinational pharmaceutical company in multiple, multi-year parallel civil and criminal investigations focusing on off-label marketing, anti-kickback and false claims allegations (global settlement ~ $425 million);
  • Represented Fortune 500 healthcare company in multi-year parallel federal criminal and civil FDCA and False Claims Act investigations;
  • Represented Director of Marketing for multinational pharmaceutical company in federal Anti-kickback and False Claims Act investigation;
  • Represented treatment facility physician in state Medicaid fraud investigation;
  • Represented pharmaceutical company in congressional inquiry into payments to healthcare professionals;
  • Conducted multiple internal investigations for pharmaceutical and medical device companies focusing on off label promotion, anti-kickback, and FDCA allegations;
  • Secured denial of class certification and dismissal of case against medical products manufacturer in securities fraud class action; 
  • Persuaded US Attorney’s Office and Securities and Exchange Commission to decline criminal and civil charges against hedge fund Founder and Lead Portfolio manager in insider-trading investigation;
  • Represented hedge fund Founder and Lead Portfolio manager in parallel federal criminal and SEC insider trading investigation; 
  • Secured denial of class certification and dismissal of case against financial software company in SEC fraud class action;
  • Conducted internal investigation for Board of Directors of financial institution focusing on internal audit and economic modeling functions;
  • Persuaded SEC and administrative oversight body to decline action against Special Committee of communications technology company in SEC fraud investigation and administrative delisting proceedings;
  • Persuaded Department of Justice and Securities Exchange Commission to decline charges against S&P 500 technology company in multi-year parallel federal civil and criminal fraud investigation;
  • Persuaded SEC to decline charges against former Chief Financial Officer and Chief Operating Officer of semi-conductor manufacturing company in SEC fraud investigation;
  • Represented CFO and Chief Compliance Officer of investment management company in SEC investigation and collateral administration proceedings concerning alleged market manipulation, securities fraud and disclosure violations;
  • Persuaded US Attorney’s Office to dismiss criminal charges against defendant in pro bono gang prosecution;
  • Persuaded US Attorney’s Office to dismiss civil forfeiture action.  

Professional Activities

Ms. Schulman has been a Visiting Lecturer at Harvard Law School since 2010. In 2013, she was a Visiting Professor at Srednerusskiy University in Russia, teaching US Criminal Law and Criminal Procedure. She has also been a Visiting Assistant Professor at Villanova University School of Law, teaching courses on criminal law, criminal procedure and white-collar crime. Ms. Schulman has conducted trainings nationally and internationally on criminal investigatory and enforcement matters and developments in healthcare and securities law.

Practices

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Education

JD, magna cum laude, Harvard Law School, 1993, President, Harvard Law Review

BA, Social Studies, magna cum laude, Harvard University, 1985

Bar Admissions

Massachusetts

District of Columbia

Clerkships

The Hon. Abner J. Mikva, US Court of Appeals for the District of Columbia Circuit, 1993 - 1994