Recent Case Threatens In-House Counsel

In 2009 Boehringer entered into a "pay-for-delay" deal with Barr Pharmaceuitcals, asking them to delay the sales of a particular medication. Upon learning of the deal, the FTC launched an investigation deeming the activity anti-competitive. During the investigation the FTC requested that Boehringer clarify the role of their (then) GC at the time of the incident, who was deemed to be wearing 2 hats: business and legal. Boehringer however believes such a request will undermine attorney-client privileges as well as the work-product doctrine. The argument is that drawing such a hard distinction between business matters and legal matters would cripple the ability of attorneys to properly advise. It appears the ACC and Chamber Of Commerce also have concerns. 

http://www.insidecounsel.com/2017/06/13/acc-joins-amicus-brief-on-case-that-may-undermine

 

Back to Risk Alerts

Get (Risk) Managed.

Ready to review your existing insurance program? Interested in setting a reminder for a renewal review? Or simply have a question? We're here to help. We also understand you're busy - let's schedule a time to speak that works best for you. Simply schedule a call and we'll reach out when it's convenient.

Schedule a callback