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Case Briefing
U.S. Attorney Files Drug Counterfeiting Complaint
In a criminal complaint filed December 5 in the U.S. District Court in Kansas City, MO, a Florida man was charged with selling counterfeit Lipitor', a prescription drug manufactured and distributed by Pfizer Ireland Pharmaceuticals and Pfizer Inc. The complaint alleges that Julio Cesar Cruz sold 203 bottles of Lipitor 10 mg tablets, with each bottle containing 5000 tablets, to G&K Pharma LLC, a Florida firm licensed to sell wholesale drugs in Missouri. Some of the tablets in each bottle tested by the Office of Criminal Investigations for the FDA, however, were counterfeit, ie, not manufactured or distributed by Pfizer. Further forensic analysis indicated that the bottles contained a mixture of counterfeit Lipitor and illegally diverted foreign-manufactured Lipitor. The complaint also alleges that Cruz manipulated and falsified the drugs' pedigree.
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.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.