Emily McGowan

• Representing a major pharmacy benefit manager in ongoing multidistrict litigation.
• Representing a health care company in ongoing False Claims Act investigations related to Medicare Advantage prior authorization.
• Representing a health care company in ongoing False Claims Act litigation related to Medicare Advantage sales and marketing issues.
• Representing a health care company in ongoing inquiries related to the use of artificial intelligence products.
• Represented a major health insurer in a 2024 Eighth Circuit False Claims Act victory related to Medicare Advantage marketing.
• Representing a health care company in ongoing litigation related to the application of the federal No Surprises Act.
• Represented a large health care system in DOJ False Claims Act investigations related to Medicare coding issues.
• Represented a major generic drug manufacturer in a DOJ antitrust investigation.
• Defended a chief financial officer in a securities fraud investigation.
• Defended an executive in a criminal price-fixing and bid-rigging investigation.

Emily McGowan helps health care companies handle complex enforcement and litigation matters. She regularly defends clients in False Claims Act and Anti-Kickback Statute investigations and assists managed care organizations, pharmacy benefit managers, and drug manufacturers in high-stakes government enforcement actions and related litigation. She counsels clients on issues involving Medicare Advantage, including sales and marketing compliance, risk adjustment, and prior authorization. Emily also handles investigations and inquiries into the use of artificial intelligence in health care.

Emily has been ranked in Chambers USA since 2020. She is currently Band 2 in North Carolina for Litigation: White Collar Crime & Government Investigations and was initially recognized as an “Associate to Watch.” Emily is recognized by The Best Lawyers in America^® in Health Care Litigation and Criminal Defense: White-Collar. She was also recognized in the inaugural Best Lawyers: Ones to Watch^® for commercial litigation. Emily is the past president of the Federal Bar Association for the Western District of North Carolina.

Before joining Alston & Bird, Emily served as a law clerk to the Hon. Allyson K. Duncan on the U.S. Court of Appeals for the Fourth Circuit. She also worked for a prominent law firm in Washington, D.C.

Bar Admissions

• North Carolina

Education

• Stanford University (J.D., 2012)
• The University of North Carolina at Chapel Hill (B.A., 2008)