For The Defense, December 2011 - DRI Today

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Over Criminalization of Business Conduct—The Policies, Practices and Potential Remedies for the Government’s Latest Enforcement Actions Panelists for the Thursday morning presentation by the Drug and Medical Device and Government Enforcement and Corporate Compliance Committees discuss the latest enforcement actions of the U.S. Food and Drug Administration and the U.S. Securities and Exchange Commission and the effect such scrutiny is having on a broad range of industries. They also shared some best practices for managing these risks in the current environment. The panel included (from left) Howard Sklamberg, Director of the Office of ConsTRuCTIon lAW Defending Building Products in a Complex Construction Defect Claim Alan R. Levy of Buckly Zinober & Curtis PA discusses strategic considerations and other keys to defending claims against building product clients in a construction defect matter at the Friday morning meeting of the Trucking Law Committee. David V. Wilson of Hays McConn Rice & Pickering PC also spoke. 20 ■ For The Defense ■ December 2011 Enforcement, U.S. Food and Drug Administration; Elpidio “PD” Villarreal, Senior Vice President–Global Litigation, GlaxoSmithKline PLC; Deborah Connor, Assistant United States Attorney Chief, Fraud and Public Corruption Section, United States Attorney’s Office; Stephen T. Gannon, Executive Vice President and Deputy General Counsel, Capital One Financial Corporation; and Peter S. Spivack of Hogan Lovells US LLP. Jonathan N. Rosen of Shook Hardy & Bacon LLP served as moderator. CoRpoRATe Counsel The Responsible Corporate Officer Doctrine—No Knowledge Is No Defense Douglas Stearn, Deputy Director for Policy and Analysis in the U.S. Food and Drug Administration Office of Compliance, provides his insight on current FDA enforcement trends, including the reemergence of the responsible corporate officer doctrine, during the Corporate Counsel Committee’s “in-house only” session on Wednesday afternoon. This program provided in-house attorneys with an understanding as to how the doctrine could be used to hold a corporate officer personally responsible for the conduct of his or her subordinates, even though the officer may not have knowledge of the alleged conduct. DIveRsITy Diversity at the Crossroads—Choosing a Path to Reverse the Attrition Rate Among Diverse Partners and Associates Then-Committee Chair Toyja E. Kelley (at podium) of Tydings & Rosenberg LLP, introduces speakers Taren N. Stanton of Thompson Hine LLP and William A. Sherman II of Dinsmore Shohl LLP to attendees of the Diversity Committee’s Friday afternoon CLE and business meeting. The panelists led a discussion that identified the unique problems that cause attrition among minority lawyers and provided concrete suggestions to reverse the flow of minority lawyers leaving law firms and the profession.
The “Miranda Warning” of Genetic Mapping— This Information Can Be Used Against You DRI InTeRnATIonAl Managing Cross-Border Litigation and Class Actions Speakers John L. Meltzer of Hogan Lovells LLP (from left), Timothy Pinos of Cassels Brock & Blackwell LLP, and Gordon McKee of Blake Cassels & Graydon LLP, provide helpful tips and suggestions for navigating international litigation in this Thursday session presented by DRI International. The panel discussed the need to coordinate efforts, strategies, and resources in an environment where international clients are increasingly faced with copy-cat actions arising from litigation that originated in the United States. Complex privacy issues, parallel regulatory proceedings, and the production of documents and information that originated in countries other than the United States but are sought by plaintiffs in U.S.-based litigation were also discussed. DRug AnD MeDICAl DevICe The Legal and the Practical—Updates on Issues Related to Preemption and Sales Representatives as Witnesses in Pharmaceutical Cases Joseph D. Cohen of Porter Hedges LLP talks to attendees of Thursday afternoon’s Drug and Medical Device Committee business meeting and CLE about recent grants of certiorari by the U.S. Supreme Court to consider preemption issues concerning generic manufacturers. The state of the law in this area and the potential ramifications for all manufacturers were discussed, as well as practical issues related to the role of sales representatives in pharmaceutical litigation and how to address plaintiffs’ attempts to portray these individuals and their jobs unfairly. John M. Conley of Robinson Bradshaw & Hinson PA speaks during a panel discussion that included (from left) Bernard Taylor, Sr., of Alston & Bird LLP (moderator); Misha Angrist, Assistant Professor, Institute for Genome Sciences and Policy, Duke University; and Gary E. Marchant, Lincoln Professor of Emerging Technologies, Law and Ethics, Sandra Day O’Connor College of Law, Arizona State University. During this Friday afternoon CLE presented by the Toxic Torts and Environmental Law Committee, these leading experts offered their insights on the potential application of the genetic revolution and explored the myriad of legal implications and issues that promise to follow. eleCTRonIC DIsCoveRy Backstopping E-Discovery—Drafting Effective Records Management Policies Phillip J. Duffy of Gibbons PC (seated) and John J. Jablonski of Goldberg Segalla LLP present the CLE portion of the Electronic Discovery Committee’s Thursday afternoon meeting. During the program the two underscored the importance of good records management, the benefits of having a defensible policy, and some of the key provisions that go into a well crafted records-management policy. For The Defense ■ December 2011 ■ 21
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Page 12 and 13: Scalia and Garner: Making Your Case
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