London

Andrew M. London

Associate
Boston

I help healthcare companies and other clients successfully navigate litigation and disputes with government regulators.

Andrew London concentrates his practice on federal and state healthcare regulation, state Attorney General investigations and state ethics, lobbying and campaign finance law compliance. He has significant experience litigating regulatory and other public law matters in both federal and state court.

Andrew’s practice also includes advising clients on regulatory enforcement proceedings and strategic counseling on regulatory and administrative processes.

Andrew advises healthcare providers, payers, drug and device manufacturers and related entities in matters related to the Centers for Medicare & Medicaid Services, the Food and Drug Administration, the Bayh-Dole Act and state healthcare programs. He assists these companies in complying with regulations, understanding ongoing regulatory developments and litigating challenges to statutes, regulations and other administrative decisions.

Andrew also represents clients under investigation by regulatory agencies, including the Massachusetts Attorney General. He helps clients to understand allegations, investigate facts and come to productive resolutions. Andrew has also assisted multiple healthcare providers conduct internal investigations into potential misconduct.

Andrew counsels clients from a variety of industries regarding their compliance with Massachusetts state ethics and lobbying laws. In addition, his practice includes work on state ballot questions, including successfully challenging the Attorney General’s certification of a ballot question before the Massachusetts Supreme Judicial Court and advising ballot question committees on their compliance with state campaign finance law.

Before joining Foley Hoag, Andrew had considerable experience in public policy. Prior to law school, he served as a Policy Analyst to Governor Deval Patrick, where he worked on matters relating to education, transportation, housing and economic development.

Andrew currently serves as a member of the firm’s Hiring Committee. He also maintains an active pro bono practice.

Education

  • Harvard Law School, J.D., 2014
  • Northwestern University, B.S., cum laude, 2008

Bar and Court Admissions

BAR ADMISSIONS
  • Massachusetts
COURT ADMISSIONS
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the D.C. Circuit
  • U.S District Court for the District of Massachusetts   

Experience

HEALTHCARE LITIGATION
  • Represented national trade association for pharmacy benefit managers in federal litigation, successfully invalidated state law on drug pricing on Medicare Part D preemption grounds. This representation included persuading the Eighth Circuit Court of Appeals to reverse the lower court’s judgment denying preemption under Medicare Part D.
  • Represented manufacturer of durable medical equipment in a challenge under the Administrative Procedures Act to Medicare’s decision to retract coding policy for a particular class of durable medical equipment. 
  • Represented a generic drug manufacturer in a challenge under the Administrative Procedures Act to the FDA’s determination that the manufacturer had forfeited its right to 180-day exclusivity for being the first-to-file an Abbreviated New Drug Application.
  • Negotiated favorable settlement for large health care payor in litigation arising under the Federal Employees Health Benefits Act.
STATE ATTORNEY GENERAL INVESTIGATIONS
  • Successfully resolved State Attorney General investigation of home health agency related to allegations of overbilling. 
INTERNAL INVESTIGATIONS FOR HEALTH CARE COMPANIES
  • Conducted internal investigation for regional healthcare system related to high-profile incident of patient who was unable to access the emergency department.
  • Conducted internal investigation for academic medical center related to allegations of impropriety in physician training.  
PUBLIC LAW AND RELATED LITIGATIONS
  • Won a unanimous decision from the Massachusetts Supreme Judicial Court overturning certification of a ballot question that proposed repealing the Common Core education standards in Massachusetts.
  • Successfully negotiated favorable resolution for non-profit organization accused of failing to properly report lobbying activity. 
  • Represented a coalition of member associations, non-profits, and businesses in reviewing and commenting on City of Boston Lobbying Ordinance and implementing regulations. 
SELECTED AMICUS BRIEFS
  • Authored amicus briefs in the D.C. Circuit and United States Supreme Court on behalf of hospital trade association opposing a challenge to Medicare Part B payment policies for 340B drugs. 
  • Authored amicus briefs to the Supreme Judicial Court on behalf of a leading healthcare institute urging the Court to reject two ballot questions on hospital staffing, arguing that the questions did not comply with the requirements of the state Constitution.
  • Authored an amicus brief to the Ninth Circuit on behalf of senior living association regarding immunity under the PREP Act for senior living communities adopting measures to prevent the spread of COVID-19
  • Authored an amicus brief to the United States Supreme Court on behalf of a coalition of health scholars in support of cert petition by Federally Qualified Health Center regarding payments from Texas Medicaid program.
  • Authored amicus briefs in several federal courts on behalf of non-profit health care advocacy organization in support of challenges to the Public Charge Rule, arguing that the policy conflicted with federal laws governing access to health care.

Honors & Involvement

HONORS
  • High Honor, Massachusetts Supreme Judicial Court, 2019 Pro Bono Honor Roll (November 2020) 
  • Selected by his peers for inclusion in THE BEST LAWYERS IN AMERICA: Ones to Watch in Health Care Law (2021, 2022, 2023)
INVOLVEMENT
  • Boston Bar Association, Member
  • American Health Lawyers Association, Member

Speaking Engagements