Litigation Updates:

  • 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.

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