135 N. Pennsylvania Street
Washington, D.C. Office
1700 K Street NW
D. Linden Barber is the Director of the firm’s DEA Compliance and Litigation Practice Group in the Health Law Group, and the Managing Partner of the Indianapolis Office. Since joining Quarles & Brady in 2011, Linden has advised and represented a variety of firms and companies registered with the Drug Enforcement Administration (DEA). He counsels clients on a broad range of regulatory compliance and enforcement issues involving the Controlled Substances Act (CSA). He represents and advises manufacturers, wholesale distributors, pharmacies, hospitals and individual practitioners on compliance matters relating to their obligations under CSA and DEA's regulations. He also represents registrants in administrative and civil litigation matters in actions brought under the CSA.
Prior to joining the Firm, Linden served for 11 years in a variety of positions at the Drug Enforcement Administration (DEA). He was an attorney in the Diversion Regulatory and Policy Section, the Associate Chief Counsel for the Diversion Litigation Section from 2006-2010, and, most recently, piloted DEA’s Regional Diversion Counsel program as the first DEA attorney assigned to a field office to handle cases involving DEA registrants. He has extensive experience trying cases before DEA's Administrative Law Judges. Prior to joining DEA, Linden was an active duty Army Judge Advocate for eight years culminating in serving as the chief military prosecutor at Fort Belvoir, Virginia.
During his tenure at DEA Linden’s accomplishments included the following:
- Initiated combined use of administrative action and civil penalties under the Controlled Substances Act (CSA) to address large volume distribution of controlled substances from wholesale distributors to retailers suspected of diverting controlled substances from legitimate channels leading to record civil penalties under the CSA.
- Developed investigative and litigation strategy to address domestic rogue Internet pharmacies. The strategy was used in three major operations resulting in dozens of administrative cases against distributors, pharmacies and physicians.
- Prepared legal guidance for agents and investigators on forfeiture of listed chemicals that are transshipped through the United States without providing proper notice to DEA resulting in the seizure and forfeiture of tons of listed chemicals worth more than $10 million.
- Served as lead counsel in the hearing on DEA’s proposed rule to schedule carisoprodol, the only hearing of its kind in more than twenty years.
- Conducted consultation meetings with officials from Native American tribes and Native American religious groups regarding the sacramental use of peyote. Developed expertise in the religious use of controlled substances under the CSA and international drug control treaties.
Education and Honors
- University of Notre Dame Law School (J.D., 1989)
- Tennessee Temple University (B.A., 1986)
U.S. Court of Appeals for the Armed Forces
U.S. Army Court of Criminal Appeal
- Bronze Star and Combat Action Badge for service in Operation Iraqi Freedom.
- Organized Crime Drug Enforcement Task Force National Award for Outstanding Innovative Pharmaceutical Investigation for Operation WebDrugs (2010).
- DEA Administrator’s Award for Group Achievement in Operation Lightning Strike (2009).
- New York City Bar Association Trial Advocacy Award for Army Judge Advocates (1991, 1997).
Professional and Civic Activities
- Adjunct Professor at Georgetown University (2010).
- Guest Lecturer, American University.
- Guest Lecturer, National Advocacy Center, United States Department of Justice.
- Guest Lecturer, DEA Training Academy.
- Math tutor for junior high student (2009-2010).
- United States Army Reserve Officer.
- “DEA Classifies Tramadol as Schedule IV, Creating New Requirements for Drugmakers,” Drug Industry Daily, July 7, 2014.
- “Shifting Sands: Preparing for Changes in Diversion, Regulations, and Enforcement,” BuzzeoPDMA’s 17th Annual Controlled Substance & State Regulatory Conference, April 11, 2014.
- Testimony, “Improving Predictability and Transparency in DEA and FDA Regulation,” Congress of the United States House of Representatives Committee on Energy and Commerce, April 7, 2014.
- “Suspicious Order Monitoring - What's Next?,” HDMA Distribution Management Conference and Technology Expo, March 11, 2014.
- “DEA Said What? Lessons from Administrative Actions and DEA Presentations,” The Food and Drug Law Institute, Controlled Substances Regulation Conference, February 19, 2014.
- “The Evolving Concept of Corresponding Responsibility,” American Society for Pharmacy Law Seminar, November 17, 2013.
- “Dispense with Caution: The Pharmacist’s Obligations Under the Controlled Substances Act,” Guest Lecture with Lindsay Saxe at University of South Florida College of Pharmacy, September 24, 2013.
- “Healer or Dealer: Dispensing Controlled Substances in the Age of Pharmaceutical Drug Abuse,” University of Houston College of Pharmacy, Convocation Address, March 25, 2013.
- “Suspicious Order Monitoring and More: DEA’s Expectation of the Supply Chain,” BuzzeoPDMA’s 16th Annual Controlled Substances, PDMA and State Conference, April 10-12, 2013.
- “DEA Litigation and Enforcement Update,” The Food and Drug Law Institute, Controlled Substances Regulation, March 28, 2013.
- “The Key to Suspicious Order Monitoring is DEA: Design, Execute, and Assess” HDMA Distribution Management Conference and Technology Expo, March 5, 2013.
- “Developments in Controlled Substances Regulation and a Foggy Crystal Ball,” American Society for Pharmacy Law Seminar, November 16, 2012.
- “Through the Looking Glass: Legal Considerations for Your Suspicious Order Monitoring Program” presented October 2012 at Suspicious Order Monitoring Seminar hosted by Cegedim/BuzzeoPDMA.
- “It’s What You Know and Who You Know: Enhancing Your DEA Compliance Program” presented April 2012 at 15th Annual Controlled Substance, PDMA, and State Conference hosted by Cegedim/BuzzeoPDMA.
- “Pheds and Pharmacists: Reflections on the Phuzzy Line between Dispensing and Dealing” presented February 2012 at Butler University Pharmacy School.
- “Getting Your Diversion Investigation to its Final Destination,” presented in 2011 at DEA’s National Conference for State and Local Regulators and Law Enforcement.
- “Diversion is not a Diversion: How DEA Can Address America’s #1 Drug Problem,” presented in 2010 as part of DEA’s Office of Chief Counsel Brown Bag Lecture Series.
- “How to Keep (or Lose) Your DEA Registration,” presented in 2009 at DEA’s National Pharmaceutical Industry Conference.
- “You Broke My Law: Using State Law Violations in DEA Regulatory Proceedings,” presented in 2009 at DEA’s National Conference for State and Local Regulators and Law Enforcement.