Partner
Ben Martie is a life sciences attorney and FDA advertising and promotion lawyer who focuses on the legal, regulatory, and enforcement factors that shape how healthcare products are brought to market and promoted. He regularly advises companies on FDA advertising and promotion, often serving as outside counsel in this core area of his practice. A former in-house counsel and chief compliance officer, Ben brings a deep understanding of the needs of pharmaceutical, biotechnology, medical device, and other life sciences companies, and what they need from their legal advisors.
Ben’s practice is centered on supporting the development, commercial launch, and promotion of prescription drugs and other health products in the United States. He regularly serves as legal reviewer on medical, legal, and regulatory (MLR) committees. Ben also serves as lead counsel on an array of transactional matters, such as licensing deals, asset purchases, commercial transactions, manufacturing and supply agreements, wholesaler and distributor agreements, quality agreements, and clinical trial agreements.
Ben also counsels clients in life sciences companies on compliance with laws and regulations administered and enforced by federal authorities, such as FDA, FTC, and HHS-OIG, as well as state authorities, such as attorneys general and boards of pharmacy. Ben works with companies on the design and implementation of effective compliance programs, policies, and trainings that are aligned with applicable laws, regulations, agency guidance, and industry codes and standards, e.g., PhRMA Code, AdvaMed Code.
Prior to joining the firm, Ben spent more than a decade as in-house counsel with both privately-held and publicly-traded pharmaceutical and life sciences companies. Most recently, he served as the General Counsel and Chief Compliance Officer for RedHill Biopharma, a commercial-stage pharmaceutical company.
When Ben is not practicing law, he coaches youth baseball (travel and middle school), is an avid runner, and enjoys traveling and visiting the Crystal Coast with his wife, Meghan, and sons, Jack and Graham.
- Serves as outside counsel to growing life sciences companies
- Serves as outside counsel on advertising and promotional matters, such as promotional review, MLR committee processes, and copy approval committees.
- Prepares development agreements, supply agreements, purchase agreements, license agreements, clinical trial agreements, and many other contracts for clients in the pharmaceutical industry, including generics companies.
- Assists with internal investigations, including in relation to whistleblower matters.
- Provides counsel on a variety of health product compliance topics, including the Anti-Kickback Statute, the False Claims Act, Sunshine Act/Open Payments and similar state and local reporting requirements, PDMA and product sampling, and state and local drug pricing and notice requirements.
- Develops and executes trainings on a variety of legal, regulatory, and compliance topics, such as promotional policy and practice, Fraud and Abuse, and Sunshine Act/Open Payments.
- North Carolina State Bar (2012)
- Maryland State Bar (2010)