Anne E. Railton

Ms. Railton represents companies and individuals at all stages of investigations and litigation, including defending clients in several criminal and civil trials. She was recently recognized by The American Lawyer as the first runner-up for “Litigator of the Week” as a result of Goodwin’s securing a full dismissal of a certified class action in an anti-kickback case seeking almost $400 million in damages, just over a week before a month-long jury trial was set to begin. She also served as co-lead counsel in a federal criminal trial after which the judge praised “defense counsel’s excellent representation of the defendant throughout the case,” noting that “it’s plain that defense counsel did an extraordinary job, including making a successful motion to suppress, getting the count that the defendant had pleaded guilty to dismissed, and getting additional counts dismissed, either because the government couldn’t pursue them or the jury did not find them to be proven.”

Ms. Railton’s representative matters include:

Healthcare and Life Sciences 

• Won an acquittal at a federal criminal trial for W. Carl Reichel, the former president of pharmaceutical company Warner Chilcott, on charges related to illegal marketing and anti-kickback violations. 
• Represented multiple companies and individuals in False Claims Act investigations and litigation brought by the U.S. Attorney’s Office and various State Attorneys General, including matters related to pharmaceutical sales and marketing, medical billing and coding, practices related to licensing, staffing and supervision, and clinical documentation.
• Represented multiple clients in connection with federal criminal fraud investigations, including matters involving controlled substances, telehealth and telemedicine, and medical device design and manufacturing.
• Represented a global public pharmaceutical company, along with several officers, directors and employees, in an SEC investigation into potential insider trading, resulting in a termination letter from the SEC recommending no enforcement action.
• Represented a testing and diagnostic company in an inquiry brought by a State Inspector General’s Office and an internal investigation related to marketing and billing activities. 
• Conducted an internal investigation into potential fraud and billing issues on behalf of the board of directors of a healthcare company.

Financial Industry

• Represented a multi-national financial institution in an internal investigation regarding potential conflict of interest and bribery issues and related inquiries from various criminal and civil regulatory agencies.
• Represented an institutional investment manager and adviser in an SEC investigation regarding potential conflict of interest and fiduciary duty issues, resulting in a termination letter from the SEC recommending no enforcement action.
• Won full dismissal shortly before trial in a certified class action brought against a financial services company related to its mortgage practices and compliance with federal anti-kickback laws. 
• Won full dismissal following a month-long bench trial for Deutsche Bank trader Jon Paul Rorech in an SEC enforcement action alleging the first-ever insider trading case involving credit default swaps.
• Represented Wegelin & Co., the world’s oldest private Swiss bank, in conducting an internal investigation and defending against criminal tax challenges from the DOJ, IRS and the U.S. Attorney’s Office that the bank assisted U.S. clients in evading their tax obligations.
• Represented a New York City tax preparer in defending against criminal tax fraud, identity theft, and related charges brought by the U.S. Attorney’s Office, culminating in a three-week jury trial.
• Represented multiple institutional clients, investment advisers, and individuals in investigations by criminal and civil regulatory agencies including the DOJ, SEC, the New York State Attorney General, and FINRA.

Ms. Railton also provides regulatory compliance counseling and advises companies on the development and implementation of appropriate risk management policies and procedures, including with respect to the False Claims Act and healthcare compliance and reporting obligations. She worked for several years on an independent monitoring team focusing on the domestic ethics program of one of the largest publicly traded companies in the United States.