Samantha Barrett Badlam

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Samantha Barrett Badlam is a member of Ropes & Gray’s litigation & enforcement group. She focuses her practice on white-collar criminal and civil defense and has more than 17 years of experience representing multinational corporations and their executives in internal and government investigations of potential violations of the Anti-Kickback Statute (AKS), False Claims Act (FCA), Foreign Corrupt Practices Act (FCPA) and other fraud and enforcement matters. Samantha dedicates a significant portion of her practice to advising clients on compliance matters and risk mitigation, and has assisted some of the world’s largest companies by assessing and enhancing their compliance programs through a measured, risk-based approach that carefully considers companies’ business models and highest areas of actual risk.

Samantha has represented clients across many sectors, including healthcare, life sciences, oil and gas, energy, manufacturing, academic centers receiving federal grants, and financial services. She has extensive experience working with these clients to develop, implement and enhance domestic and international compliance and risk programs, and to respond to government investigations. Samantha held a leading role on a firm team that acted as independent monitor for a commercial aircraft manufacturer as part of a deferred prosecution agreement with the U.S. Department of Justice and the U.S. Securities and Exchange Commission and is Counsel to the DOJ-appointed FCPA Independent Monitor for one of the world’s largest commodity trading and mining companies.

Experience

Government Investigations and Prosecutions

Representing a major pharmaceutical manufacturer in an investigation by the Department of Justice into digital health tools and electronic health records.
Representing a major pharmaceutical manufacturer in an investigation by the U.S. Attorney’s Office for the Southern District of New York regarding the production and manufacturing of certain drugs.
Representing a major medical device company in a DOJ investigation related to the manufacturing of certain devices.
Representing a number of academic institutions in NASA-OIG investigations related to federal funding awards.
Representing a major pharmaceutical manufacturer in a state attorney general Medicaid fraud prevention matter relating to the manufacturing and promotion of certain drugs.
Defending a major biotech company in a prosecution by the U.S. Attorney’s Office for the District of Massachusetts alleging AKS and FCA violations related to patient assistance programs.
Represented a major pharmaceutical manufacturer in a proactive litigation against HHS-OIG regarding the government’s interpretation of the AKS and patient assistance programs.
Represented an EU-based senior executive of a multinational entertainment industry company in a corruption-related investigation by DOJ, SEC and the Canadian International Anti-corruption Unit.
Represented a senior executive of a financial services company in an SEC investigation into the company’s activities involving certain client fraudulent activities.
Represented a multinational oil and gas services company in a DOJ/SEC investigation into allegations stemming from the Operation Car Wash Lava Jato investigation.
Represented a major pharmaceutical manufacturer in a multiyear, wide-ranging criminal and civil investigation into Food, Drug and Cosmetic Act allegations and AKS allegations.
Represented a senior executive of a professional services company in the energy sector in a DOJ and SEC investigation into the company’s activities in the Middle East and Africa for potential FCPA violations.
Represented the assistant general counsel of a major pharmaceutical company in a DOJ prosecution of obstruction and false statements charges.
Represented an international pharmaceutical company in a multistate attorneys general investigation into consumer protection violations related to alleged fraudulent marketing and promotional practices.
Represented a U.S.-based multinational medical device company in an industry-wide FCPA investigation.
Represented the chairman and CEO of a medical device manufacturer in a DOJ investigation of potential off-label promotional activities.
Defended a major medical device company in connection with alleged FCA claims, including obtaining a summary dismissal of a qui tam action filed in federal court.
Represented the former CFO of a multinational oil and gas company during a DOJ and SEC investigation into the company’s activities in Argentina through a Joint Venture Company for FCPA violations.

Internal Investigations

Leading multiple internal investigations for a medical device company focused on FCA whistleblower matters, anti-kickback statutes, and alleged improper marketing and sale of devices.
Conducting multiple internal investigations for a major pharmaceutical company into alleged FCA and AKS violations.
Conducted compliance investigations related to the FCPA, UK Bribery Act, and internal compliance policies and procedures for a multinational oil and gas services company.
Conducted an internal investigation for a major pharmaceutical company related to clinical trials.
Conducted an internal investigation for a major pharmaceutical company related to digital health tools and medical algorithms.
Conducted proactive investigations into anti-corruption related matters for a multinational exploration and production energy company.

Compliance Matters

Serves as compliance counsel to a major pharmaceutical company, monitoring and evaluating the effectiveness of the company’s global compliance program.
Conducted a comprehensive review of a Fortune 20 multinational energy company’s compliance program, providing key observations and recommendations for improvement for the company’s compliance program.
Advised a major pharmaceutical company on various compliance initiatives, including designing and executing an extensive U.S. compliance monitoring program.
Developed a comprehensive global anti-corruption compliance program for a multinational exploration and production energy company, based on global corporate-level and market-level anti-corruption risk assessments.
Helped lead the team that supported the monitor for an aircraft manufacturer in a three-year monitorship, as part of the company’s deferred prosecution agreement with DOJ and SEC.
Counsel to the Independent FCPA Monitor appointed by the Department of Justice in a three-year monitorship of a commodity trading and mining company, as part of the company’s plea agreement.

Credentials

Education

JD, High Honors, University of North Carolina School of Law; Order of the Coif; Communications editor, First Amendment Law Review
BA (Political Science), Highest Honors, University of California, Berkeley

Admissions

District of Columbia, 2007
California, 2006
U.S. Court of Appeals for the Second Circuit
U.S. District Court for the District of Columbia
U.S. District Court for the Southern District of Texas

Publications

Quoted, "Boston Consulting Group Avoided Penalty for Angola Bribes by Stripping Partners of Equity," The Wall Street Journal (August 30, 2024)
Co-author, “Global Bribery Probes Are Complicating FCPA Compliance,” Law360 (May 15, 2024)
Co-author, “In published papers, authorship attribution and disclosure of funding support have emerged as elements of government enforcement in the ‘foreign influence’ area,” Retraction Watch (March 30, 2024)
Quoted, “DOJ’s Healthcare Probes of AI Tools Rooted in Purdue Pharma Case,” Bloomberg Law (January 29, 2024)
Quoted, “Travel and Side Trips Lead 3M to a $6.5-Million SEC Resolution,” Anti-Corruption Report (October 2023)
Noted, “People News,” Global Investigations Review (November 3, 2022)
Noted, “Appointments,” The Washington Post (October 31, 2022)
Co-author, “A Guide To FCA Cooperation Credit For Life Sciences Companies,” Law360 (June 18, 2019)
Co-author, “Anti-Corruption In Mexico: Reasons For Cautious Optimism,” Law360 (November 29, 2017)

Presentations

Moderator, “Patient Support Programs and Patient Access Programs—A Look at the Evolution, Risks and Enforcement Activity,” 25^th Annual Pharmaceutical and Medical Device Ethics and Compliance Congress (October 28, 2024)
Panelist, “PSPs and PAPs – A Look at the Evolution, Risks, and Enforcement Activity,” Pharmaceutical Compliance Congress (April 16, 2024)
Panelist, “International - Negotiated Justice: The Difference Between US and European Jurisdictions,” ABA National Institute on White-Collar Crime (March 6, 2024)
Moderator, “Legal Risks Around Digital Health Technology,” 24th Annual Pharmaceutical and Medical Device Ethics and Compliance Congress (October 26, 2023)
Speaker, "The False Claims Act: Clinical Decision Tools," Ropes & Gray Webinar (September 12, 2023)
Speaker, “Recent Developments in Federal Funding - Agency Scrutiny of Research Activities with Foreign Collaborators,” Ropes & Gray Webinar (July 20, 2023)
Speaker, “Navigating High Risk Patient Support Programs,” Pharmaceutical Compliance Forum, Virtual (April 19, 2023)
Speaker, “2023 Foreign Influence in Research Update,” Ropes & Gray Webinar (April 12, 2023)
Panelist, “Legal Risks of Patient Support Programs,” Pharmaceutical Compliance Forum (September 14, 2022)
Panelist, “Modernization of Third-Party Risk Management,” Virtual Twenty-Second Annual Pharmaceutical and Medical Device Ethics and Compliance Congress (November 2, 2021)
Speaker, “Data Analytics and AI to Detect and Defend Fraud,” HCCA Healthcare Enforcement Compliance Conference, Virtual (November 18, 2020)
Speaker, “Key Considerations and Best Practices in Operationalizing Speaker Programs,” 21st Annual Pharmaceutical and Medical Device Compliance Congress, Virtual (November 4-6, 2020)
Speaker, “Compliance Challenges Posed by Emerging Organizations,” 21st Annual Pharmaceutical and Medical Device Compliance Congress, Virtual (November 4-6, 2020)
Speaker, “Patient Support Programs – Helping Patients Access Products” 20th Annual Pharmaceutical and Medical Device Compliance Congress, Washington, D.C. (November 7, 2019)
Speaker, “Next Generation Anti-Corruption Compliance Programs: Transforming a Policy-Based Program to a Controls-Based Program,” Society of Corporate Compliance and Ethics 18th Annual Compliance & Ethics Institute, National Harbor, MD (September 17, 2019)
Speaker, “Round Table Discussion: Anti-Corruption Initiatives in Mexico,” Ropes & Gray, Von Wobeser y Sierra and ICC México Round Table Discussion, Mexico City, Mexico (September 18, 2017)
Co-Host, “The Trump Administration’s First 100 Days,” Roundtable Discussion, Washington, D.C. (May 9, 2017)
Co-Host, “A Private Conversation About Data Privacy,” Roundtable Discussion, Washington, D.C. (March 22, 2017)
Co-Host, “Challenges of Serving as In-House Counsel,” Roundtable Discussion, Washington, D.C. (March 1, 2016)