FacultyFaculty/Author Profile
Gary F. Giampetruzzi

Gary F. Giampetruzzi

Paul Hastings LLP

New York, NY, USA

Gary F. Giampetruzzi is a partner in the Litigation Department of Paul Hastings, based in the firm’s New York office. Prior to joining Paul Hastings, Mr. Giampetruzzi most recently served as Vice President, Assistant General Counsel and Head of Government Investigations at Pfizer Inc, with responsibility for government investigations across the company’s multiple business units and operations globally, and associated government litigation with U.S. and international prosecutor offices. He was previously a Deputy Compliance Officer responsible for international compliance investigations and programs with responsibility for the implementation and maintenance of compliance programs and systems across the company's international operations, with an enhanced focus on emerging markets. He routinely advises clients on day-to-day compliance matters, and represents corporations in high-profile federal and state investigations, including those involving federal and state False Claims Act (qui tam suits), State Attorney General consumer protection statutes, the Foreign Corrupt Practices Act (“FCPA”), and oversees other complex civil and criminal litigation matters.

Mr. Giampetruzzi is highly regarded by counsel, healthcare industry insiders, and regulators for his strategic thinking and sound judgment in handling some of the most significant regulatory investigations in the pharmaceutical industry in recent years. He understands how to engage appropriately with the regulators, and how to litigate effectively when that should become necessary. He brings unique experience and perspective to each client representation, having himself been the client for more than a decade at one of the largest multi-national corporations in the world. During that time, he partnered closely with his business colleagues and various platform functions, and helped navigate a complex organization through some of the most significant compliance and enforcement issues faced in the pharmaceutical industry. As a senior leader, Mr. Giampetruzzi routinely operated at the executive leadership team and board levels, and understands from his firsthand experience that the particular needs of each client and circumstance are different, and that the approach and solutions must be too. Mr. Giampetruzzi genuinely appreciates the pressures and realities facing clients and in-house counsel, and works with them to understand and achieve their specific goals.

Mr. Giampetruzzi has extensive experience with all facets of the anti-corruption and FCPA landscape. He has been a leader in this growing area of practice for more than a decade, having led the development of cutting edge compliance programs and measures, conducted and overseen hundreds of internal investigations, and been on the ground in more than 40 markets worldwide (including Asia, Africa, Europe, the Middle East, and Latin America). He was instrumental in the development of proactive market review approaches that have been incorporated into recent government resolutions, and acquisition due diligence techniques that were cited in the Justice Department’s FCPA Guidance document. He has the proven and longstanding ability to provide end-to-end support, from front-end compliance counseling and program build-outs and enhancements, to the efficient conduct of global internal investigations, to the defense of companies before U.S. and international authorities, while keeping an appropriate eye towards the increasing risk of follow-on civil litigation.

Recent Representations
  • Mr. Giampetruzzi has also been a practice leader in the U.S. healthcare enforcement area, having been in the middle of some of the most significant cases to date.
  • Oversaw the negotiations, finalization of terms and preparations for the announcement of the landmark $2.3 billion civil and criminal, off-label promotion and kickback investigations with the Boston, Philadelphia, and other U.S. Attorney’s Offices, Main Justice, HHS OIG, and State Medicaid Fraud Control Units (largest criminal case in history at the time) and the $491 million civil and criminal, off-label promotion investigation with the Western District of Oklahoma U.S. Attorney’s Office, Main Justice, HHS OIG, and State Medicaid Fraud Control Units.
  • Oversaw the negotiation and resolution of the grand jury investigation into the promotion of the $10 billion in sales, drug Protonix by the Boston U.S. Attorney’s Office, achieving a novel, civil-only resolution entailing $55 million in disgorgement under the Food, Drug, & Cosmetics Act.
  • Oversaw internal investigations and associated voluntary disclosures under the FCPA for a pharmaceutical company involving numerous markets around the world to the U.S. Department of Justice and SEC, and certain foreign authorities, beginning in 2004, and concluding in 2012. Secured a full declination for the parent company, a deferred prosecution agreement for the relevant corporate subsidiary, no imposition of an independent monitor, and explicit government recognition of the company’s efforts.
  • Oversaw the acquisition due diligence, resultant internal investigations in numerous markets and associated voluntary disclosures to the U.S. Department of Justice and SEC, which resulted in a full declination for the parent company and subsidiaries, and a purely civil resolution.
  • Defended a pharmaceutical company against government inquiries and investigations by the Chinese Administration of Industry and Commerce (“AIC”) in Beijing, Shanghai and other cities and provinces across China.
  • Oversaw the defense and resolution of numerous whistleblower qui tam suits involving claims under the False Claims Act and related state statutes.
  • Oversaw the successful resolution of several individual State Attorney General and multi-state AG coalition matters, including the $33 million consumer protection settlement with a coalition of 44 states around the promotion of Geodon, and the $45 million consumer protection settlement with coalition of 34 states around the promotion of Zyvox and Lyrica.
Accolades and Recognitions

Mr. Giampetruzzi brings creative lawyering to bear on each of his client’s challenges, with some of the compliance approaches he developed having become a best practice (e.g., proactive FCPA market reviews, now routinely in government resolutions), and even being cited in the U.S. government’s FCPA guidance document (e.g., FCPA acquisition due diligence).

Speaking Engagements and Publications
  • Mr. Giampetruzzi is a frequent speaker at industry conferences on a variety of white collar defense topics, including global compliance programs, government investigations, state and federal U.S. healthcare enforcement, and the Foreign Corrupt Practices Act.
  • Program Faculty, Seton Hall Law School, U.S. Healthcare Compliance Program

Saint John’s University School of Law, J.D., 1993

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