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David Rhinesmith

Partner

Washington, D.C.

David advises clients facing complex and high-stakes government investigations, regulatory enforcement matters, internal investigations, and related civil litigation. David has extensive experience in the life sciences, health care, and technology industries. He draws on this experience to advise clients on related risks and compliance matters.

David represents clients in matters involving the False Claims Act, the Anti-Kickback Statute, the Foreign Corrupt Practices Act (FCPA), federal securities laws, and the Food, Drug, and Cosmetic Act, among others. He routinely leads internal investigations relating to a range of ethics, fraud and corruption issues, including bribery, corruption, accounting fraud, revenue recognition, embezzlement and other alleged misconduct.  His litigation experience includes oral argument before the First Circuit and state appellate courts, leading briefing in federal and state trial and appellate courts, and deposing senior government officials.  

David has extensive compliance experience. He served as Global Investigations & Compliance Counsel at a leading medical device company, and served as Counsel with the Legal Compliance & Investigations team at one of the world's largest technology companies (both client secondments). He played a key role in multiple DOJ- and SEC-appointed corporate compliance monitorships, as both counsel to the Monitor and helping clients successfully navigate monitorships. He routinely works with clients to develop and enhance their compliance programs.

David previously worked as an Assistant Attorney General in the Massachusetts Attorney General’s Office, serving as lead counsel in more than a dozen criminal and civil matters at all levels of federal and state court.  

David is the hiring partner for the Washington, D.C. office and partner in charge of Orrick's D.C. summer program. He serves as firm-wide staffing partner for his practice group and is a member of the practice's professional development committee. He is deeply committed to associate development and mentoring.

In 2017, 2018, 2019, and 2020 David was selected to the Washington, D.C. Super Lawyers Rising Stars list.

    • Counsel to the independent compliance monitors appointed by the DOJ and SEC as part of the resolution of major FCPA investigation.
    • Represented multinational defense contractor in billion dollar False Claims Act litigation.
    • Advised life sciences companies on restructuring board and physician arrangements.
    • Represented national health care provider in challenging new regulations.
    • Represented educational institution in criminal investigation.
    • Negotiated comprehensive civil resolution for diagnostic laboratory to resolve wide-ranging federal investigation, including alleged anti-kickback, Stark law, and false claims act violations.
    • Represented several leading health care companies in civil qui tam litigation.
    • Represented multinational medical device company in major government-initiated FCPA investigation.
    • Represented leading pharmaceutical company in federal health care fraud investigation alleging off-label marketing and False Claims Act violations.
    • Conducted and led multiple internal investigations for medical device company concerning potential FCPA and anti-money laundering violations.
    • Conducted and led multiple internal investigations for health care company concerning potential violations of federal health care laws.
    • Represented leading national health care company in federal and state qui tam cases alleging improper referrals.
    • Represented international pharmaceutical company in federal and state qui tam cases related to marketing practices and alleged off-label promotion.
    • Represented executive in SEC investigation into alleged accounting fraud, securing full immunity.
    • Counseled private investment firm in responding to SEC audit, resulting in a finding of no violations.

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