Emily S. Unger

Emily Unger is a partner in the firm’s Complex Litigation & Dispute Resolutions practice and is a member of the firm’s Private Investment Litigation group, as well as Government Investigations & Enforcement group. Her practice involves a broad range of internal and government investigations and complex business disputes and litigation, with a focus on criminal and civil government investigations, internal corporate investigations, and post-closing disputes, including matters arising out of escrow and indemnification disputes, restrictive covenant violations, and breaches of contract. Her clients include private equity and venture capital firms and their directors, public and private healthcare, life sciences, and technology companies and their boards, officers, and directors, and colleges and universities.

Emily has worked on dozens of internal and government investigations for companies, universities, boards of directors, and special board committees concerning allegations of securities fraud, healthcare fraud, violations of the Foreign Corrupt Practices Act (FCPA), workplace misconduct, revenue recognition treatment, and other accounting issues. She has represented clients before state and federal regulators, including the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC), and has advised clients on all aspects of self-reporting decisions, government investigations, and remediation that may ensue as a result of internal investigation findings.

Emily has also represented corporate and individual clients in a variety of disputes, including private investment ligation and commercial disputes, as well as litigation alleging violations of the False Claims Act (FCA) and federal and state securities laws. Emily has represented numerous clients in responding to inquiries from the Financial Industry Regulatory Authority (FINRA) and the SEC.

Emily’s recent representation’s include:

• Represented a cloud-based location technology platform company in a putative class action alleging data privacy violations in federal court in Massachusetts.
• Represented a global technology company in relation to civil False Claims Act qui tam litigation and criminal investigations by the US Attorney's Office and the US Department of Justice, National Security Division relating to contracts with the US Department of Defense, and allegations of contract and immigration fraud, and ITAR violations relating to the engineering work of back office employees in Russia.
• Represented a biotech startup  in an investigation regarding numerous whistleblower complaints alleging misconduct by senior management and alleged FDA and securities fraud in recent fundraising rounds.
• Represented the CEO of a biotechnology company  in defending claims brought by a competitor, including claims for tortious interference with contract and advantageous business relations, misappropriation of trade secrets, and conspiracy, based on allegations that the CEO conspired to terminate the competitor’s contract with a third party.
• Represented one of North America’s largest truckload freight transportation providers  in connection with US Department of Justice and Securities and Exchange Commission investigations concerning securities fraud and related matters involving our client’s financial statements. The Goodwin team successfully resolved the DOJ criminal investigation on behalf of our client by negotiating a deferred prosecution agreement that enables the company to avoid a criminal conviction, and which allows restitution to be paid over five years and requires payment in any interim year only if the company reaches certain financial thresholds. The company was not required to pay any criminal fine or have a monitor imposed, and Goodwin was able to simultaneously resolve related claims with the SEC without paying any additional financial penalties.
• Successfully defended global  luxury hospitality company in arbitration involving breach-of-contract claims totaling over $300 million. After a week-long evidentiary hearing, the arbitration panel denied claimant any monetary relief and ordered claimant to pay all of client’s legal fees.
• Won dismissal with prejudice of securities class action under Section 10(b) and Rule 10b-5 against clinical stage company focused on developing non-statin LDL-C lowering therapies and certain of its officers and directors.
• Won dismissal with prejudice for health care SaaS company , its CEO and CFO, of securities fraud class action in the US District Court for the District of Massachusetts. Plaintiffs alleged false and misleading statements and omissions under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 in connection with missing quarterly revenue guidance.

Emily has also been actively involved in pro bono matters, including representation of numerous clients in immigration proceedings.

Emily is a member of the Boston Bar Association.

Prior to joining Goodwin, Emily served as a judicial intern to the Honorable Gene E. K. Pratter of the US District Court for the Eastern District of Pennsylvania.

During law school, she also served as a note editor for the Boston University Law Review.

Emily was recognized by Best Lawyers as part of the 2023 Best Lawyers: Ones to Watch in America.

Emily's recent publications include:

• Co-Author, “Beyond Penalties and Disgorgement—What to Expect from the SEC in 2023,” New York Law Journal, February 2023
• Co-Author, “SEC Announces Record-Breaking Penalties and a 9% Increase in total number of Enforcement Actions in FY 2022,” Goodwin Client Alert, November 18 2023
• Contributor, "2021 Year in Review: Foreign Corrupt Practices Act," February 2022
• Contributor, "2020 Year in Review: Foreign Corrupt Practices Act," February 2021
• Co-Author, “Corporate Whistleblower Developments and Best Practices,” Corporate Counsel, November 2018
• Co-Author, “Second Circuit Limits Reach of FCPA,” Goodwin Client Alert, August 2018 
• Speaker, "2021 Year in Review: Foreign Corrupt Practices Act," February 2022
• Speaker, “Best Practices Compliance Programs to Avoid Violations of the FCPA and other Anti-Corruption Regulations,” Boston Bar Association’s virtual White Collar Crime Conference, February 2021

She is a contributor to Goodwin's Securities Snapshot, a bi-weekly newsletter highlighting important securities litigation news.