- In re: Criminal Prosecution of Corporate Officers for Off-Label Promotion
On October 26, 2010, WLF called on the Food and Drug Administration to abandon its announced plans to seek increased criminal prosecution of company executives for promotional activities in instances where the executives never participated in, encouraged, or had knowledge of the alleged violations. WLF expressed its concerns in a letter to Eric Blumberg, Deputy Chief for Litigation in the FDA’s Office of Chief Counsel, in response to recent comments Blumberg made calling for increased criminal prosecution of executive officers in pharmaceutical companies.
- Gonzalez v. State of Arizona
On October 26, 2010, the U.S. Court of Appeals for the Ninth Circuit struck down a portion of Prop 200, an initiative adopted in November 2004 by Arizona voters for the purpose of preventing aliens from voting. The Court upheld a provision requiring voters to show an ID on election day (such as a drivers’ license) but struck down a provision requiring those seeking to register to vote to present documentary proof of citizenship.
- FDA Social Media Warning Letter: A Fragmented Approach To A Comprehensive Problem
By Kellie B. Combs, an associate with the law firm Ropes & Gray LLP.
- PMCA v. D.C.: ERISA Is Alive And Well After Health Care Reform
By Stephanie Kanwit, a healthcare attorney and consultant who was previously the General Counsel of America’s Health Insurance Plans.
- Supreme Court To Consider Key Issue Under False Claims Act’s Public Disclosure Bar
By John T. Boese, Of Counsel, and Douglas W. Baruch, a partner, both with the law firm Fried, Frank, Harris, Shriver & Jacobson LLP.
From The Legal Pulse:
- Five Questions for . . . Glen Nager on the U.S. Supreme Court Term – By The Legal Pulse
- The Ninth Circuit Punts on Alien Tort Statute – By Cory Andrews
- Lead Drug Approval Official Again Spotlights Concerns with Generic Drug Equivalence – How Will FDA Respond This Time? – By Glenn Lammi
- Monday’s Oral Arguments in Arizona Immigration Case to be Televised – Will the Supreme Court be Watching? – By Richard Samp
- Preemption of State-Law Tort Claims: Change of Heart in Federal Agencies? – By Kelly Savage Day
- First Circuit Dispenses Ironic Justice in Reducing Whistleblower Lawyers’ Fees – By Dan Popeo
- The N.Y. Times Op-ed on SCOTUS Al-Kidd Case Wrong on Facts and Law – By Richard Samp