What are the Benefits and Risks of Having a Lawyer Testify About Legal Advice Previously Provided to a Client about FDA Matters?

For heavily-regulated companies, such as those regulated by the Food and Drug Administration, it is common for companies to seek advice from in-house and outside counsel regarding whether proposed conduct would violate the law. It has become increasingly popular for federal prosecutors to target the company's actions that related to the legal advice that counsel previously rendered to a company or individual who is under criminal investigation or has actually been indicted.  A recently published article in the January/February 2010 issue of FDLI Update discusses the benefits and risks of a defendant presenting the testimony of a lawyer who previously provided legal advice.