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USA - December 5 2012
I previously wrote about how the Food and Drug Administration and Department of Justice used the responsible corporate officer doctrine to charge former Purdue Pharma executives and in-house counsel with criminal liability and career-ending debarment for “off-label” drug marketing, even though the charged parties did not personally participate in the conduct or even know about it.
USA - July 30 2012
The Food and Drug Administration and the U.S. Court of Appeals for the D.C. Circuit’s treatment of former Purdue Pharma executives is a reminder to executives and in-house counsel, particularly those in regulated industries, that they can face criminal liability and career-ending debarment for their company’s conduct, even if the executives did not personally participate in the conduct or even know about it.
USA - February 22 2012
The Joint Electronic Technology Working Group (Working Group) of federal criminal practitioners recently established a protocol consisting of recommendations, strategies and a checklist for managing discovery of electronically stored information (ESI) in post-indictment federal criminal cases.
USA - January 11 2012
With bank failures and FDIC 1 enforcement and civil actions at all-time highs, directors and officers of FDIC insured banks – the “institution-affiliated parties” most commonly pursued by the FDIC – must be more vigilant than ever to avoid potential exposure to regulatory and civil action by the FDIC.
