Pharma May See Brighter Enforcement Environment After US Justice Department Policy Changes

Policy revisions on individual liability for corporate misconduct, noncompliance with agency guidance documents and dismissal of False Claims Act cases suggest a greater willingness by DoJ leadership to reconsider arguments often raised by life sciences companies, attorneys say at a Food and Drug Law Institute conference.

LONDON, UK - MARCH 26TH 2018: The symbol of the United States Department of Justice portrayed with the US flag, on 26th March 2018. - Image

Recent changes and clarifications in US Department of Justice (DoJ) enforcement policy could make life a little bit easier for biopharma companies in the coming year, providing a clearer road to settling corporate wrongdoing cases, potentially fewer enforcement actions under the Anti-Kickback Statute and a faster path to getting False Claims Act cases dismissed.

Policy statements by several high-level justice department officials, and how they might impact the risk for enforcement actions in the biopharma space, were the focus of extensive discussion at the Food and Drug Law Institute’s (FDLI)

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