Mr. Ettinger previously served as co-chair of the D.C. Litigation Group from 2009-2014.
As a former chief prosecutor for the United States Air Force in England and now as defense counsel, Mr. Ettinger has extensive trial experience in a wide variety of matters, and is a fellow in the American College of Trial Lawyers. While a judge advocate, Mr. Ettinger was the chief prosecutor for eight Air Force bases located in England and was responsible for handling felony trials throughout the European circuit. In this capacity, he tried numerous jury trials, including a capital murder case.
He has been involved in many high-profile matters, including representing Rosetta Stone in its trademark infringement suit against Google. The company’s suit claimed that Google’s AdWords advertising program and conduct infringed Rosetta Stone’s trademarks, resulting in consumer confusion and contributing to software counterfeiting problems. The case, which was settled in October 2012, was highlighted in the 2012 Financial Times “US Innovative Lawyers” report. He also successfully defended Robert A. Altman in a jury trial arising from criminal charges brought by the Manhattan District Attorney’s Office in connection with the Bank of Credit and Commerce International affair, and he served as an integral member of the defense team that represented President Clinton in connection with the sexual harassment lawsuit brought by Paula Jones.
Mr. Ettinger’s scientific educational background has enabled him to develop particular skill in False Claims Act and qui tam actions. For example, he represented The Boeing Company in connection with a hotly contested qui tam action in which the government intervened regarding allegations that certain CH-47(D) Chinook helicopters sold to the Army contained defective transmission gears. Similarly, he successfully defended Koch Industries in connection with a multidistrict qui tam litigation involving allegations of natural gas mismeasurement from federal lands. He successfully defended Amerigroup Corporation and DeVry, Inc. in connection with False Claims Act allegations, obtaining dismissal of the actions on motions to dismiss.
Mr. Ettinger also has been involved in numerous health care related investigations and litigations. For example, he has defended companies accused of violating the Anti-Kickback Statute in criminal and civil matters, including allegations of improper compensation paid to hospital directors and the provision of travel and entertainment to health care providers. He also has defended allegations of False Claims Act violations premised on off-label promotion. He was a member of the team that represented Veloxis Pharmaceuticals A/S as plaintiff in a federal action against the Food and Drug Administration seeking to reverse the FDA’s decision to delay approval of Veloxis’ new drug Envarsus XR based on marketing exclusivity given to an earlier-approved competing drug.
Mr. Ettinger also conducts internal investigations for the purpose of defending against criminal allegations, Securities and Exchange Commission investigations and suspension and debarment proceedings. He has extensive experience in areas involving the Foreign Corrupt Practices Act, health care fraud, procurement fraud and alleged violations of federal and state conflict of interest provisions, in matters involving simultaneous criminal, civil, administrative and congressional proceedings.
Mr. Ettinger has been selected for inclusion in Chambers USA: America’s Leading Lawyers for Business and The Best Lawyers in America. He lectures on False Claims Act and FCPA issues, corporate compliance best practices and white collar defense techniques.