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Drug & Device News
Plaintiff Fails to Prove Fracture Caused by Fosomax
In the first case to go to a jury over whether Fosomax causes femur fractures, a New Jersey jury has found for the defense in Glynn v. Merck, Sharp & Dohme Corp., 11-cv-5304. Fosomax, the osteoperosis treatment drug marketed by Merck & Co. Inc., has been accused of exacerbating minor bone-related injuries by interfering with the normal healing process. Of the more than 4,000 plaintiffs in Fosomax suits, many claim femur or other bone injuries, while others complain of jaw problems. The federal jury that heard this first case unanimously concluded that the plaintiff had failed to prove that her femur injuries were of the unusual type that Fosomax is said to cause. Because they came to this conclusion, there was no need for them to move on to other questions raised in the case, including whether Merck gave adequate warnings to doctors of the potential for bone injuries with use of Foxomax. This case joins two others that have ended with defense verdicts for Merck; those others alleged that Fosomax caused jaw necrosis in the plaintiffs.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.