Robert P. Charrow: Lawyer with Greenberg Traurig, LLP

Robert P. Charrow

Washington,  DC  U.S.A.

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AV® Preeminent

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Practice Areas

  • Health & FDA Business
  • Life Sciences & Medical Technology
  • Federal Regulatory and Administrative Law
  • Pharmaceutical
  • Medical Device & Health Care Litigation
Contact InfoTelephone: 202.533.2396
Fax: 202.331.3101
University Harvey Mudd College, B.S., 1966
Law SchoolStanford Law School, J.D., 1969
Admitted1970, California; 1979, District of Columbia; Supreme Court of the United States; U.S. Court of Appeals for the District of Columbia Circuit; U.S. Court of Appeals for the Federal Circuit; U.S. Court of Appeals for the Fifth Circuit; U.S. Court of Appeals for the Fourth Circuit; U.S. Court of Appeals for the Ninth Circuit; U.S. Court of Appeals for the Second Circuit; U.S. Court of Appeals for the Seventh Circuit; U.S. Court of Appeals for the Third Circuit

Professional & Community Involvement

•Co-Principal Investigator, National Science Foundation
•Member, Advisory Board, BNA Medical Research Law & Policy Report
•Member, American Law Institute
•Member, Board of Advisors, Institute of Human Virology, University of Maryland
•Member, Secretary's Advisory Committee on Organ Transplantation
•Vice Chair, American Bar Association, Health Law Section, Clinical Research Interest Group

BornSt. Louis, Missouri, October 21, 1944

Robert P. Charrow focuses his practice on research, biotechnology and health care issues. He represents health care providers, scientists, pharmaceutical companies, universities, research institutes and other entities with respect to legislative, regulatory and litigation matters arising under the Federal Food, Drug, and Cosmetic Act; research issues under the Public Health Service Act; licensing issues under the Federal Technology Transfer Act, the Bayh-Dole Act and related legislation; and reimbursement and regulatory issues under Medicare and Medicaid, the False Claims Act and other federal laws.

Robert represents corporations, political action committees and candidate committees with respect to issues arising under the Federal Election Campaign Act of 1971, as amended, and ancillary legislation. He also participates regularly in preparing Supreme Court briefs and certiorari petitions. Prior to joining the firm, Robert served as Deputy General Counsel and Principal Deputy General Counsel for the U.S. Department of Health and Human Services. Robert also supervised the Chief Counsel for the various agencies within the department, including the Food and Drug Administration, the Health Care Financing Administration, and the Office of Inspector General and the Public Health Service. He actively participated in formulating department policy with respect to Medicare reimbursement, drug and device approvals, tort liability, and technology transfer.

Robert served as a member of the senior staff at the AIDS Coordinating Council, the Attorney General's Task Force on Tort Reform, and the Secretary's Task Force on Medical Liability, and was Chairman of the Task Force on Scientific Misconduct. He served as Deputy Chief Counsel to Reagan-Bush '84, the President's authorized campaign committee, and also taught as an Associate Professor of Law at University of Cincinnati College of Law.

Robert has written extensively in the area of science and the law, and in particular on the effects of the legal system on scientific research, product development and health.

Areas of Concentration

•Health law
•Appellate litigation
•Administrative law
•Food, drug and cosmetic law
•Tort law
•Campaign finance law

Awards & Recognition

•Listed, Super Lawyers magazine, Washington, D.C. Super Lawyers, 2014
•Team Member, a Law360 Appellate Practice Group of the Year, 2010
•Rated, AV Preeminent 5.0 out of 5

AV, BV, AV Preeminent and BV Distinguished are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Articles, Publications, & Lectures

•Author, A Scientific Challenge to Federal Regulators-Can You Prove that Your Rules and Policies Governing Healthcare Actually Work? BNA's Medical Research Law & Policy Report, September 3, 2014
•Mentioned, Teva Prods High Court Amid Venue Fight in Painkiller Suit, Law360, March 10, 2014
•Co-Author, Lessons From Intermountain's Stark Law Settlement, Law360, April 11, 2013
•Author, Protection of Human Subjects: Is Expensive Regulation Counter-Productive? 101 Nw.U.L. REV. 707, 2007
•Co-Author, Institutional Review Boards - Are They Science's Answer to Hollywood's Hays Board? BNA's Medical Research Law & Policy Report, July 5, 2006
•Co-Author, Regulation of Clinical Trials by the FDA: A Process in Search of Procedures, BNA's Medical Research Law & Policy Report, February 4, 2004
•Author,The Federal Research Grant-Renaissance Patronage with Legal Formalities, BNA's Medical Research Law & Policy Report, May 1, 2002
•Author, The HIPAA Quagmire: Can Electronic Privacy Be Enhanced Constitutionally by a Paperwork Rule? Health Care Review, June 2001
•Co-Author, Biomedical Research-Human Subjects Protection, National Law Journal, October 30, 2000
•Author, Advisory Committees and the Federal Regulation of Biomedical Research, Journal of Biolaw & Business, May, 1999
•Co-Author, ERISA Pre-Emption---A Law in Search of a Doctrine, Health Law Digest, March 1999
•Author, Changes At An Old Club: A Primer on Rules of the House, Journal ofNational Institutes of Health Research, January 1995
•Author, The Legacy of Queen Anne: A Primer on Copyright Law, Journal of National Institutes of Health Research, February 1995
•Co-Author, Following the Supreme Court's Analysis in Cipollone, Courts are Finding Broad Preemption in Sophisticated Medical Device Tort Litigation, Journal of Products & Toxics Liability, 1995
•Author, Scientific Misconduct Five Years Later, Journal of National Institutes of Health Research, May 1994
•Author, Whose Tissue Is It Anyway? Journal of National Institutes of Health Research, December 1994
•Author, An AIDS Vaccine: It May Take an Act of Congress, Journal of National Institutes of Health, June 1994
•Author, Law in the Laboratory: A Guide to the Ethics of Federally Funded Science Research, University of Chicago Press, Chicago, IL, 2010
•Co-Author, Clear & Effective Legal Writing, Aspen Publishers, 4th ed., New York, NY, 2007
•Co-Author, Scientific Evidence in the Courtroom: Admissibility and Statistical Significance After Daubert, Wash. L. Found. Monograph, 1994
•Panelist, Federal Regulation of IRBs: Present and Future, American Bar Association Continuing Legal Education, February 2, 2005
•Presenter, Daubert - Its Holding and Impact, Judicial Symposium on Construction Defects Litigation, sponsored by AEI-Brookings Joint Center for Regulatory Studies, Judicial Education Program, Washington, D.C., January 27, 2005
•Presenter, The Hidden Costs of Technology Transfer: the University Perspective, AAAS Colloquium on Science & Technology Policy, Washington, D.C., April 11, 2003
•Speaker, Senate Statement before the Special Committee on Aging, July 26, 2001
•Speaker, FDA Initiatives in Regulating Emerging Technologies - Legal Implications, Food and Drug Law Institute, Washington, D.C., July 23, 1996
•Speaker, Grappling With Conflicts: How to Keep Off the Front Page of the Post and the Back Page of a Congressional Subpoena. Ethical Issues in Research Relationships, University of Maryland at Baltimore, Baltimore, MD, November 3, 1995

Associated News & Events

Press Releases

01.20.15 Greenberg Traurig Team Focuses on Federal Regulatory and Administrative Law

05.22.13 Greenberg Traurig Represents Danone in its Acquisition of Happy Family

08.14.12 Greenberg Traurig, Kirkland & Ellis File U.S. Supreme Court Amicus Brief on Behalf of Former Senior Military Leaders in Fisher v. University of Texas at Austin, et al.

04.19.12 Greenberg Traurig Shareholder Robert P. Charrow is a Speaker at the American Bar Association's eighth annual administrative law and regulatory practice Institute

01.28.10 Greenberg Traurig Named an 'Appellate Group of the Year' by Law360

05.20.05 Greenberg Traurig LLP Represented Stockholders of Amide Holdings, Inc. and Amide Pharmaceutical, Inc. in Acquisition by Activis Group HF

Published Articles

11.04.09 Supreme Court Brief: US v. Graydon Earl Comstock


11.19.14 Life Sciences & Medical Technology Newsletter, Fall / Winter 2014

11.10.14 OIG Proposes New Anti-Kickback Law and CMP Safe Harbors

07.22.14 Circuits Split Over Legality of IRS Rule Mandating Tax Credits for Individuals Covered Through Federal Exchanges under the Affordable Care Act

08.09.13 Supreme Court Extends PLIVA to Preempt Certain Design Defect Claims Against Generic Manufacturers

07.01.13 Life Sciences & Medical Technology Newsletter, Summer 2013

04.04.13 Stark Law Violations Costly To Intermountain Health Care Inc.

06.28.12 Supreme Court Upholds Affordable Care Act

04.04.11 Accountable Care Organization (ACO) - The Real Journey Begins

02.01.11 Beyond the Courts of Appeals: The Potential for Expedited Supreme Court Review of Health Care Reform

04.29.10 Health Care Reform: Pharmaceutical and Device Sectors

Reported CasesSignificant Representations: Fisher v. University of Texas, 133 S.Ct. 2411 (2013). Gratz v. Bollinger , 539 U.S. 244 (2003). Grutter v. Bollinger , 539 U.S. 306 (2003). Murphy Bros., Inc. v. Michetti Pipe Stringing , 526 U.S. 344 (1999). Kumho Tire Co. v. Carmichael , 526 U.S. 137 (1999). United States v. Winstar Corp. , 518 U.S. 839 (1996). Medtronic, Inc. v. Lohr , 518 U.S. 470 (1996). Daubert v. Merrell Dow Pharmaceuticals, Inc. , 509 U.S. 579 (1993). Cacchillo v. Insmed, Inc., No. 13-0963 (2d Cir. Jan. 7, 2014). Bayou Lawn & Landscape v. Solis , 713 F. 3d 1080 (11th Cir. 2013). Sherley v. Sebelius, 644 F.3d 388 (D.C. Cir. 2011). Cacchillo v. Insmed, Inc., 638 F.3d 401 (2nd Cir. 2011) . Mann v. Heckler & Koch Def., 630 F.3d 338 (4th Cir. 2010) . Schering-Plough Healthcare Prods., Inc. v. Schwarz Pharma, Inc ., 586 F.3d 500 (7th Cir. 2009). Chamber of Commerce of the United States of Am. v. Chertoff , 552 F.Supp.2d 999 (N.D. Cal. 2007), appeal dismissed , No. 07-17241 (9th Cir. Nov. 7, 2009). Shotz v. American Airlines, Inc., 420 F.3d 1332 (11th Cir. 2005). In Re Estate of Sigourney , 93 Cal.App.4th 593 (2001). NAPHS v. Shalala , 120 F. Supp.2d 33 (D.D.C. 2000).

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OIG Proposes New Anti-Kickback Law and CMP Safe Harbors
Robert P. Charrow,Francis J. Serbaroli, November 28, 2014
Whenever the Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) issues proposed regulations regarding exceptions to the Anti-Kickback Statute (AKS), and the Civil Monetary Penalty (CMP) provisions of the Social Security Act, it’s news. When the OIG proposes...

Circuits Split Over Legality of IRS Rule Mandating Tax Credits for Individuals Covered Through Federal Exchanges under the Affordable Care Act
Robert P. Charrow,Danielle F. White, July 24, 2014
Today, the U.S. Court of Appeals for the D.C. Circuit, in a 2-to-1 decision, written by Judge Griffith, overturned Internal Revenue Service (IRS) regulations issued under the Affordable Care Act (ACA) requiring tax credits be made available to otherwise eligible individuals who purchase health...

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Office Information

Robert P. Charrow

2101 L St., N.W., Suite 1000
WashingtonDC 20037


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