In the October 2010 issue of For The Defense, the Defense Research Institute published an article by San Francisco partners Kai Peters and Andrew Cary entitled "Crime and Punishment: Handling Litigation When Criminal Activity is Involved."
As Kai and Andrew explain, the FDA recently committed to increase its criminal prosecutions of pharmaceutical and medical device companies. As a result, the FDA’s plan will increase the frequency civil litigators will have to contend with potential or actual criminal acts when defending pharmaceutical and food clients. Kai and Andrew describe best practices in case evaluation techniques by providing 10 important recommendations for the civil litigator to consider when confronting potential or actual criminal actions. While the fact patterns will vary, these general recommendations will apply to all cases.
To read the article, please click the PDF below.