FCPA and Indemnification
June 24, 2010
To avoid personal exposure for any loss, not just losses under the FCPA, directors and officers will first seek indemnification from the corporation under any relevant corporate documents, such as the corporate charter or bylaws, or any employment agreements. If that fails, they will likely turn to directors and officers insurance coverage. Neither indemnity nor insurance, however, may be sufficient to protect a director or officer from personal exposure created by the FCPA.
Government Overpayment
June 24, 2010
It is not fraud when the government mistakenly overpays businesses who participate in government programs or otherwise receive federal funds. But a false statement made to retain an overpayment is a "reverse false claim" in violation of the False Claims Act (FCA).
Practice Tip: Admissibility of Expert Opinions
June 22, 2010
The purpose of this article is to provide an update of the themes and factors that were important to courts in 2009 in reaching their decisions on the admissibility of expert witness opinions.
When Is an Expert Not an Expert?
June 22, 2010
The defense of a pharmaceutical or medical device product liability case often turns on the testimony of the core treating physicians. As defense counsel, we often are left holding our breath waiting to see how the physicians testify at their depositions or at trial. So do the plaintiffs.
Physician and Pharmaceutical Industry Relationships
June 22, 2010
According to a national survey of doctors published in <i>The New England Journal of Medicine</i>, 94% of physicians have "a relationship" with the pharmaceutical, medical device or related industries. A research firm recently estimated that drug companies spend over $20 billion annually marketing directly to physicians. With statistics like these, it is not surprising that the public is becoming concerned that these ties may influence how medications are developed, marketed and prescribed.
