Courtney D. Orazio

Ms. Orazio’s clients include public and private healthcare, life sciences, and biotechnology companies, their directors and officers, private equity and venture capital firms and their partners, and financial services providers. Her recent representations include:

• Represented public life sciences company and its directors and officers in SEC insider trading investigation, resolving the matter favorably with the SEC issuing a termination notice and taking no action.

• Won dismissal with prejudice in the U.S. District Court for the Southern District of New York of securities class action under Section 10(b) and Rule 10b5-1 against public life sciences company and its officers arising out of alleged misrepresentations concerning efficacy and marketing practices for one of its drugs.

• Represented CFO of public global biopharmaceutical company in SEC investigation concerning accounting, revenue recognition, and disclosure issues, resolving the matter favorably with the SEC issuing a termination notice and taking no action.

• Represented public life sciences company in SEC investigation concerning allegations of sales round-tripping and improper revenue recognition and other accounting practices, resolving the matter favorably with the SEC issuing a termination notice and taking no action.

• Represented private equity firm and former partner in DOJ False Claims Act investigation based on conduct of healthcare portfolio company, resolving the matter favorably with the DOJ taking no action.

• Represented public life sciences company in DOJ False Claims Act investigation, including response to a Civil Investigative Demand, resolving the matter favorably with the DOJ taking no action. 

• Represented former pharmaceutical company president in a criminal anti-kickback case in the U.S. District Court for the District of Massachusetts, resulting in an acquittal following a month-long jury trial.

• Won dismissal with prejudice in the U.S. District Court for the Southern District of New York of securities class action under Section 10(b) and Rule 10b5-1 against CEO of multinational conglomerate arising out of alleged misrepresentations concerning revenue recognition and accounting practices.

• Represented tax preparer charged with fraud and identity theft in three-week federal jury trial in the U.S. District Court for the Southern District of New York in which Ms. Orazio argued evidentiary motions and cross-examined numerous witnesses.

• Won dismissal of civil RICO claims on behalf of private equity firm and loan servicing portfolio company in five different cases in Illinois federal and state court.

• Represented minority shareholders of private company in two-week bench trial in the Business Litigation Session of the Suffolk Superior Court concerning fiduciary duty claims arising out of alleged minority squeeze-out, in which Ms. Orazio argued evidentiary motions and cross-examined numerous witnesses.

• Represented former sales manager of public biopharmaceutical company in DOJ False Claims Act investigation, resolving the matter favorably with DOJ taking no action.

• Won summary judgment in wage-and-hour federal class action in the U.S. District Court for the Central District of California on behalf of nationwide cosmetics distribution company.

• Defended a nationwide transportation company in numerous class actions, civil suits, and attorney general investigations arising out of alleged misclassification of independent contractors.

• Drafted clemency petition that was granted by President Obama in connection with pro bono representation of client serving federal sentence for non-violent drug offenses for which penalty would have been substantially lower if convicted today.

• Represented various individuals and corporations in investigations conducted by the criminal and civil divisions of the U.S. Attorney’s Office, including securities fraud, mail and wire fraud, and health care fraud investigations relating to pharmaceutical sales and marketing practices and drug and device manufacturing processes.

In addition, in 2019, Ms. Orazio gained significant trial experience during a six-month secondment with the Middlesex County District Attorney’s Office, where she served as a Special Assistant District Attorney in the Woburn, Massachusetts District Court. In that capacity, she prosecuted hundreds of felony and misdemeanor crimes; independently conducted a dozen jury and bench trials to final verdict; and argued dozens of dispositive and evidentiary motions.