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Revised PhRMA Code Provides a New Roadmap
Advances in medicine and science continue at a breakneck pace and the need to keep physicians and other health care professionals (HCPs) abreast of these advances will grow ever more critical. Providing physicians with up-to-date, accurate information about the medicines they prescribe clearly improves patient care and advances health care in general. Nonetheless, the public health need for informed and educated HCPs may, at times, create tension with the pharmaceutical industry's perceived drive for profits.
Some have reported that the pharmaceutical industry directs up to 90% of its $20-plus billion dollar marketing budget toward physicians. See, e.g., Troyen A. Brennan, et al., Health Industry Practices that Create Conflicts of Interest: A Policy Proposal for Academic Medical Centers,” JAMA, Jan. 25, 2006 at p. 430. Research indicates that the impact of gifts ' such as meals, conferences and other benefits ' on physician prescribing practices is a legitimate concern. See Ashley Wazana, M.D., “Physicians and the Pharmaceutical Industry: Is a Gift Ever Just a Gift?” JAMA, Jan.19, 2000 at pp. 373-380. Reports and study findings of this nature arguably create an “appearance of impropriety” that may be harmful to the professional image of physicians and pharmaceutical manufacturers alike, as well as impact public trust.
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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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.